1.1 These terms and conditions apply to all ManPxwerr products and offers.
On request we will send you a written copy.
1.2 Identity of the company
E-mail address: firstname.lastname@example.org
KvK number: 75783487
1.3 By placing an order you indicate that you agree with the terms of delivery and payment. ManPxwerr reserves the right to change its delivery and/or payment conditions after the term has expired.
1.4 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by ManPxwerr.
1.5 ManPxwerr guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 In the context of the rules of the Distance Selling Act, ManPxwerr will execute orders within 15 working days.
If this is not possible for other reasons such as delay, order cannot proceed or can only be partially executed, the consumer will receive a message within 5 working days after placing the order, in that case the consumer is entitled to cancel the order without costs and notice of default. to cancel.
2.3 Personalized orders must be executed within 24 working days. If this is not possible due to other reasons for a delay, the order cannot proceed or can only be partially executed, the consumer will receive a message within 5 working days after placing the order, in which case the consumer will be entitled to cancel the order without costs and notice of default. .
2.4 ManPxwerr's obligation to deliver will be fulfilled, subject to evidence to the contrary, as soon as the goods delivered by ManPxwerr have been offered to the customer. In the case of home delivery, the carrier's report, including the refusal of acceptance, serves as full proof of the offer for delivery.
2.5 We charge 6.95 shipping costs for shipments within the Netherlands. For shipments abroad, the contribution, the costs of shipping and insurance depend on the country. These costs are added to the order after the personal data has been entered during the order completion.
2.6 All stated terms are indicative. No rights can therefore be derived from the stated terms.
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or the manufacturer implements interim price increases.
3.2 All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices are in euros and include 21% VAT.
4.1 Payment is made in advance at all times.
4.2 Payment can be made in various ways during the ordering process. Further (payment/ordering) conditions may be imposed on the consumer's order. After placing an order, the consumer receives a confirmation by e-mail.
4.3 In the event of bankruptcy or suspension of payment of the consumer (or an application thereto), ManPxwerr's claims are immediately due and payable.
4.4 If ManPxwerr has to hand over its claim for collection, the consumer will owe a fixed amount of 15% of the extrajudicial collection costs due. If ManPxwerr can demonstrate that it has necessarily incurred higher costs, these will also be borne by the consumer.
- DATA MANAGEMENT
5.2 ManPxwerr respects the privacy of the consumer and ensures that your personal data is treated confidentially.
5.3 ManPxwerr uses a mailing list in some cases. Each mailing list contains instructions to remove yourself from this list.
6.1 ManPxwerr guarantees that the products it supplies meet the requirements of usability, reliability and lifespan, as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer's warranty of the product supplied to you.
6.2 ManPxwerr's warranty period corresponds to the manufacturer's warranty period. However, ManPxwerr is never responsible for the ultimate suitability of the items for each individual application by the customer, nor for any advice regarding the use or application of the items.
6.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, faulty or incomplete, the customer (before proceeding to return it to ManPxwerr) must immediately report these defects to ManPxwerr in writing. Any defects or incorrectly delivered goods must and can be reported to ManPxwerr in writing no later than 2 working days after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and must be returned in new condition. Putting into use after detection of defect, damage caused after detection of defect, encumbrance and/or resale after detection of defect, this right to complain and return expires completely.
6.4 If complaints from the customer are found to be well-founded by ManPxwerr, ManPxwerr will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer about compensation, on the understanding that ManPxwerr's liability and therefore the amount of the compensation will always is limited to a maximum of the invoice amount of the goods in question, or (at ManPxwerr's option) to the maximum amount covered by ManPxwerr's liability insurance in the relevant case. Any liability of ManPxwerr for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage, consequential damage or damage due to lost profit.
6.5 ManPxwerr is not liable for damage caused by intent or equivalent deliberate recklessness on the part of non-managerial staff.
6.6 This guarantee does not apply if: A) and as long as the customer is in default towards ManPxwerr; B) the customer has repaired and/or modified the delivered goods himself or had them repaired and/or modified by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise carelessly treated or have been treated contrary to ManPxwerr's instructions and/or instructions for use on the packaging; D) the defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Verbal promises only bind ManPxwerr after they have been confirmed explicitly and in writing.
7.3 Offers from ManPxwerr do not automatically apply to repeat orders.
7.4 ManPxwerr cannot keep its offers if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.5 Additions, changes and/or further agreements are only valid if agreed in writing.
8.1 An agreement between ManPxwerr and a customer is concluded after an order/assignment has been assessed for feasibility by ManPxwerr.
8.2 ManPxwerr reserves the right, without stating reasons, not to accept orders or assignments or to accept them only on the condition that the shipment takes place with payment in advance.
8.3 ManPxwerr will be entitled to carry out an inspection in the event of an order, whereby payment by credit card is chosen. Based on this check, ManPxwerr can offer an alternative payment method or cancel the order.
- REVIEW PERIOD/RIGHT OF WITHDRAWAL
9.1 In the case of a consumer purchase, in accordance with the law: distance selling (Article 7:5 of the Dutch Civil Code), the customer has the right to cancel the order placed within 10 hours after receipt of payment.
9.2 The right of withdrawal does not apply to: Services the performance of which, with the consent of the consumer, has started before the period of five working days. – Goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence. – Goods that have been manufactured according to the consumer's specifications, for example custom work, or that have a clear personal character. – For goods or services that cannot be returned due to their nature, for example due to hygiene or that can spoil or age quickly. – Audio and video recordings and computer software of which the consumer has broken the seal. – Goods that have been processed or modified in any way for the consumer.
9.3 If the consumer makes use of his or her right of withdrawal, the costs for the return shipment will always be charged to the consumer
- FORCE MAJEURE
10.1 ManPxwerr is not liable if, insofar as its obligations cannot or cannot be fulfilled as a result of power.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance, which should not reasonably be at his risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of ManPxwerr as well as auxiliary persons, illness of personnel, defects in aids or means of transport are expressly regarded as force majeure.
10.3 In the event of force majeure, ManPxwerr reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances is ManPxwerr obliged to pay any fine or compensation.
10.4 If ManPxwerr has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the customer is obliged to pay this invoice as if it concerned it is a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 ManPxwerr is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.
- RETENTION OF TITLE
12.1 Ownership of all goods sold and delivered by ManPxwerr to the customer remains with ManPxwerr as long as the customer has not paid ManPxwerr's claims under the agreement, earlier or later similar agreements, as long as the customer has performed or still to be performed work under this agreement. similar agreements and as long as the customer has not yet paid ManPxwerr's claims due to failure to comply with such obligations, including claims in respect of fines, interest and costs, all as referred to in Article 3:92 BW.
12.2 The goods delivered by ManPxwerr that fall under the retention of title may only not be resold within the framework of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge or encumber in any other way the goods subject to retention of title.
12.4 The customer hereby gives unconditional and irrevocable permission to ManPxwerr or a third party to be appointed by ManPxwerr, in all cases where ManPxwerr wishes to exercise its property rights, to enter all those places where its property will then be located and to take those items there. to take.
12.5 If a third party seizes the goods delivered under retention of title or wishes to establish or enforce rights thereon, the customer is obliged to inform ManPxwerr of this as soon as reasonably expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to ManPxwerr upon first request.
- APPLICABLE LAW/COMPETENT COURT
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between ManPxwerr and the buyer, which cannot be resolved by mutual agreement, will be heard by the competent court within the district, unless ManPxwerr prefers to submit the difference to the competent court of the place of residence of the buyer. and with the exception of those disputes that fall within the competence of the subdistrict court judge.
The terms and conditions are accessible to everyone and are only sent by email. On request we will send you a written copy.