Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Customer: the natural or legal person acting in the exercise of a profession or business who enters into a distance agreement with the entrepreneur;
2. Day: calendar day;
3. Continuing performance contract: a distance agreement relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
4. Durable medium: any instrument that enables the customer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information.
5. Entrepreneur: the natural or legal person who offers products and/or services to customers at a distance;
6. Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
7. Technique for distance communication: a means that can be used to conclude an agreement without the customer and entrepreneur having met simultaneously in the same room.
8. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Luchttechnisch Revisie Bureau van Elewout B.V. trading under the name

Compressoren.nu Dobbeweg 3b 2254 AG Voorschoten

071-5618468 available Monday to Friday between 8:30 AM and 5:00 PM

Email address: info@compressoren.wpenginepowered.com

Chamber of Commerce number: 28028495 VAT identification number: 002878859B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded and orders placed between the entrepreneur and the customer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the customer’s request.
3. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that it can be easily stored by the customer on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the customer’s request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the customer may always rely on the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision will be replaced immediately in mutual consultation by a provision that approaches the scope of the original as closely as possible.
6. Situations not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the customer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
5. Images accompanying products are a true but indicative representation of the products offered. The entrepreneur cannot guarantee that the displayed colors and external features exactly match the real colors and external features of the products.
6. Each offer contains such information that it is clear to the customer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
7. the price including taxes;
8. any shipping costs;

• • the manner in which the agreement will be concluded and what actions are required for this;
    whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the customer;
  • the minimum duration of the distance agreement in the case of a continuing performance contract.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the customer accepts the offer and meets the conditions set therein.
2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4. The entrepreneur may – within legal frameworks – inform themselves whether the customer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has sound reasons not to enter into the agreement, they are entitled to refuse an order or application with justification or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the customer with the product or service, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium:

• • the visiting address of the entrepreneur’s establishment where the customer can go with complaints;
  • how to make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
  • information about warranties and existing after-sales service;
  • the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the customer before the execution of the agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – The Price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This dependency on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• • these are the result of statutory regulations or provisions; or
  • the customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

1. The prices mentioned in the offer of products or services are exclusive of VAT.
2. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 7 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the customer can assert against the entrepreneur based on the agreement.
   Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 8 days after delivery. Return of the products must take place in the original packaging and in new condition.
3. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
4. The warranty does not apply if:

• • The customer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the instructions of the entrepreneur and/or on the packaging;
  • The defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
  • See further warranty conditions.

Article 8 – Delivery and Execution

1. The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the customer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the customer will receive notice of this at the latest 30 days after they placed the order. In that case, the customer has the right to dissolve the agreement without costs. The customer is not entitled to compensation.
4. All delivery terms are indicative. The customer cannot derive any rights from any stated terms. Exceeding a term does not entitle the customer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the customer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of a ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
8. See other conditions in our delivery terms.

Article 9 – Continuing performance contracts: duration, termination, and extension
Termination

The customer may terminate an agreement entered into for an indefinite period that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The customer may terminate an agreement entered into for a definite period that extends to the regular delivery of products (including electricity) or services,

at any time towards the end of the definite period, subject to agreed termination rules and a notice period of no more than one month.

The customer may terminate the agreements mentioned in the previous paragraphs:

• at any time and not be limited to termination at a specific time or in a specific period;
• at least in the same way as they were entered into by them;
• always with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement entered into for a definite period that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, an agreement entered into for a definite period that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the customer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.

Duration

If an agreement has a duration of more than one year, the customer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 10 – Payment

1. Unless otherwise agreed, the amounts owed by the customer must be paid within 7 working days. In the case of an agreement to provide a service, this period starts after the customer has received confirmation of the agreement.
2. The customer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of non-payment by the customer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the customer in advance.

Article 11 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the customer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the customer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to Dutch law.
5. A complaint does not suspend the obligations of the customer and the entrepreneur, unless the entrepreneur indicates otherwise in writing.
6. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.

Article 12 – Other Provisions

For returns, see our return conditions.