General conditions

In these terms and conditions, the following definitions shall apply:

– 1. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

– 2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;

– 3. Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

– 4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;

– 5. Reflection period: the period within which the consumer can exercise his right of withdrawal;

– 6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

– 7. Day: calendar day;

– 8. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

– 9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the entrepreneur
https://www.vmgshop.nl, https://www.betongereedschappen.nl, https://www.lichtwagen.nl
Are part of VMG B.V.
Pater Vervoortstraat 37
5465 RT Veghel
Tel. Joost: 0613356762
Tel. Koen: 0624211227

Email: Info@vmgshop.nl
K.v.K. no: 887.175.69.
VAT no: NL 8647.458.74.B01

Article 3 – Applicability.
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

1.
◦ the price including taxes;
◦ the cost of delivery, if any;
◦ the manner in which the agreement will be established and what actions are necessary to do so;
◦ whether or not the right of withdrawal applies;
◦ the method of payment, delivery or performance of the agreement;
◦ the period for acceptance of the offer, or the period for keeping the price;
◦ the amount of the rate of distance communication if the cost of using the technique of distance communication is calculated on a basis other than the basic rate;
◦ if the agreement is archived after its conclusion, in what way it can be accessed by the consumer;
◦ the manner in which the consumer can become aware of acts not wanted by him before the conclusion of the contract, as well as the manner in which he can rectify them before the conclusion of the contract;
◦ the languages, if any, in which, in addition to Dutch, the agreement may be concluded;
◦ the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
◦ the minimum duration of the distance contract in the case of an agreement that involves continuous or periodic delivery of products or services.

Article 5 – The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer.
Until the receipt of this acceptance is confirmed, the consumer can dissolve the agreement.

3. If the agreement is established electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4. The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
– a. The visiting address of the trader’s branch where the consumer can address complaints;
– b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
– c. the information on existing after-sales service and warranties;
– d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
– e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.

Article 6a – Right of withdrawal on delivery of products
1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 7 days. This period begins on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6b – Right of withdrawal in case of delivery of services
1. When providing services, the consumer has the option to dissolve the contract without giving any reasons for 7 days, starting on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.

Article 7 – Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, no more than the cost of return shipment shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion of the right of withdrawal.
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

1. that have been created by the entrepreneur in accordance with consumer specifications;
2. that are clearly personal in nature;
3. which by their nature cannot be returned;
4. that may spoil or age quickly;
5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for single newspapers and magazines;
7. for audio and video recordings and computer software for which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
(a) concerning lodging, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period;

(b) whose delivery has begun with the consumer’s express consent before the expiration of the cooling-off period;
(c) on betting and lotteries.

Article 9 – The price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to 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 and over which the entrepreneur has no control, with variable prices. This bond to fluctuations and the fact that any prices quoted are target prices are stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
– 1. they are the result of statutory regulations or provisions; or
– 2. the consumer has the authority to terminate the agreement by the day the price increase takes effect.
5. The prices mentioned in the offer of products or services are exclusive of VAT.

Article 10 – 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 soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and / or the remote agreement.

Article 11 – Delivery and execution
1. The entrepreneur will take 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 consumer has made known to the company.
3. Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than one month after the order was placed. In this case, the consumer has the right to dissolve the contract without cost and the right to possible damages.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make available a replacement item. At the latest upon delivery, clear and understandable notice will be given that a replacement item is being delivered. Replacement items cannot exclude the right of withdrawal. The cost of return shipping shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 – Duration transactions
1. The consumer may terminate a contract entered into for an indefinite period of time at any time subject to agreed termination rules and a notice period not exceeding one month.
2. An agreement entered into for a fixed term has a term of up to two years. If it has been agreed that in the event of the consumer’s silence, the distance contract will be renewed, the contract will continue as an open-ended contract and the notice period after continuation of the contract will not exceed one month.

Article 13 – Payment
1. To the extent not agreed later, the amounts owed by the consumer should be paid within seven days after delivery of the good or, in the case of an agreement to provide a service, within 7 days after delivery of the documents relating to this agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
4. In case of default of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found 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 operator will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.

Article 15 Intellectual Property.
The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the products and/or relating to the Internet site belong to https://www.vmgshop.nl, its suppliers or other right holders.

Article 16 Personal Data.

VMG Machines & Tools will only process the Buyer’s data in accordance with its privacy policy. In doing so, VMG Machines & Tools observes the applicable privacy regulations and legislation.

Article 17 Applicable law and competent court.

All offers made by VMG Machines & Tools, its agreements and the performance thereof shall be governed exclusively by Dutch law. Applicability of the Vienna Sales Convention is expressly excluded.

Article 18 Links
The https://www.vmgshop.nl site may contain third-party advertisements or links to other sites. The privacy policies of these third parties or their sites are beyond the control and responsibility of https://www.vmgshop.nl.

Article 19 Your rights
You can always ask VMG Machines & Tools what data is being processed about you. To this end, please send an e-mail. You can also e-mail VMG Machines & Tools to request improvements, additions or other corrections, which VMG Machines & Tools will process as soon as possible. If you no longer wish to receive information please notify VMG Machines & Tools. Sending of information only occurs if you have provided your e-mail address for this purpose.

Article 20 – Additional or different provisions
Additional provisions or provisions deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.