Terms and Conditions
ARTICLE 1 DEFINITIONS
In these General Terms and Conditions the following terms shall be capitalized. These terms
shall mean:
'Reflection period': the period within which the Customer may use its right of withdrawal.
'Right of withdrawal': the option of the Customer to withdraw from the distance agreement within the reflection period.
'STÖRK-TRONIC NL B.V.': Störk-Tronic NL B.V., is a private company with its authorised registered office at
Van der Waalsstraat 26, NL-2721 KX Zoetermeer, in The Netherlands, registered in the Trade Register of
the Dutch Chamber of Commerce under number 62778358
'Customer': a natural person not acting in the exercise of a profession or business who concludes
a distance Agreement with STÖRK-TRONIC NL B.V. or a natural person acting in the exercise of a profession or
business who concludes a distance Agreement with the STÖRK-TRONIC NL B.V..
'Agreement': any agreement concluded between the STÖRK-TRONIC NL B.V. and the Customer in the context of an
organized distance sales or service system without the simultaneous physical presence of the STÖRK-TRONIC NL B.V.
and Customer and which, up to and including the moment at which the agreement is concluded, makes
exclusive use of one or more means of distance communication.
'Acknowledgement of receipt': the acknowledgment of receipt, as defined in Article 3.2 of these
Terms and Conditions.
'Product(s)': the Product or Products that at the conclusion of an Agreement between the STÖRK-TRONIC NL B.V. and
the Customer by or through the STÖRK-TRONIC NL B.V. Webshop shall or should be delivered to the Customer within an
agreed period, for which Customer shall pay a certain price;
'Terms and Conditions': these general terms and conditions of webshop.
'Website': st-controls.com, where the STÖRK-TRONIC NL B.V. sells products to both national and international
customers.
ARTICLE 2 SCOPE
2.1 These Terms and Conditions apply to all distance offers, orders and Agreements concluded with
the Customer through the Website of the STÖRK-TRONIC NL B.V. and where the STÖRK-TRONIC NL B.V. is the supplier. The Customer
expressly accepts these Terms and Conditions when concluding an Agreement between the Customer
and the STÖRK-TRONIC NL B.V., through the procedure as described in Article 3 of these Terms and Conditions.
2.2 Before the distance Agreement is concluded, the text of these Terms and Conditions shall be
made available to the Client in such a way that it can be easily stored on a durable data carrier
by the Customer.
2.3 Deviations from the provisions of these Terms and Conditions may only take place with the
written approval of the STÖRK-TRONIC NL B.V., in which case the other provisions of these Terms and Conditions
shall remain in full force.
2.4 All rights and claims, as stipulated in these Terms and Conditions and in any further
Agreements on behalf of the STÖRK-TRONIC NL B.V., are also stipulated on behalf of intermediaries and other third
parties engaged by the STÖRK-TRONIC NL B.V..
2.5 The STÖRK-TRONIC NL B.V. has the right to change these Terms and Conditions and the content of its Website.
ARTICLE 3 OFFERS/AGREEMENTS
3.1 If the STÖRK-TRONIC NL B.V. should increase the purchase price of the product pursuant to a statutory
regulation or a final and nonappealable court ruling, it will notify the Customer of this
immediately in writing (by letter or e-mail). The Customer shall, in such case, be entitled to
terminate this Agreement by giving written notice to the STÖRK-TRONIC NL B.V. (by letter or e-mail) The STÖRK-TRONIC NL B.V. is not
bound by its offer in the event of printing, typographical or programming errors in its
catalogues, mailings or on the Website. The STÖRK-TRONIC NL B.V. is not liable for the consequences of inaccurate
or incomplete information in its catalogues, mailings or on the Website.
3.2 The Agreement is concluded at the time of acceptance by the Customer of the offer and the
fulfilment of the corresponding conditions. If the Customer has accepted the offer
electronically, the STÖRK-TRONIC NL B.V. shall immediately confirm receipt of the acceptance of the offer
electronically. Until the receipt of this acceptance has been confirmed, the Customer may
terminate the Agreement.
3.3 The STÖRK-TRONIC NL B.V. may investigate, within the statutory parameters, whether the Customer can meet its
payment obligations and investigate all those facts and factors that are important for the
responsible conclusion of a distance Agreement. If the STÖRK-TRONIC NL B.V. on the basis of this investigation has
sound reasons for not entering into the Agreement, it is entitled to refuse an order or request
giving reasons or to attach special conditions to the performance of the Agreement.
3.4 The Acknowledgement of receipt shall in each case contain the following information:
(a) a description of the Product that is purchased by the Customer and the number of Products
purchased by the Customer;
(b) the price of the Product(s), including taxes if applicable;
(c) the name, residential address, delivery address of the Customer(s) where the Product(s)
should be sent, billing address (if different from the residential address and/or delivery
address), e-mail address and telephone number of the Customer;
(d) any costs of delivery;
(e) the order number of the Agreement.
3.5 The Agreement contains all arrangements made between the Customer and the STÖRK-TRONIC NL B.V. and replaces
all previous Agreements, schemes and/or arrangements between the Customer and the STÖRK-TRONIC NL B.V..
3.6 The administration of the STÖRK-TRONIC NL B.V. applies as evidence, subject to evidence to the contrary, of
the Orders placed by the Customer to the STÖRK-TRONIC NL B.V., of payments made and of deliveries carried out by
the STÖRK-TRONIC NL B.V.. The STÖRK-TRONIC NL B.V. recognizes that electronic communication can serve as evidence. By accepting
these Terms and Conditions, this is also recognized by the Customer.
ARTICLE 4 TRANSPORT AND DISPATCH COSTS
4.1 All prices for the Products are in Euros and exclude Value Added Tax (VAT) and other levies
imposed by the government. Transport costs are calculated separately, depending on the
destination and the total amount of the order and are provided to the Customer before the
Customer concludes the Agreement:
Euro 15,00 per order dispatched within the Netherlands or Belgium;
Euro 30,00 per order for dispatch outside The Netherlands but within the European Union
Euro 35,00 per order for dispatch outside the European Union but within Europe
Euro 59,00 per order for dispatch outside the European Union and outside Europe
4.2 The STÖRK-TRONIC NL B.V. determines the mode of delivery and is entitled to deliver orders in parts.
4.3 The risk during the transport of the Product ordered by the Customer is for the STÖRK-TRONIC NL B.V.. At the
time physical possession of the Product is taken, the risk of the Product passes to the Customer,
subject to legal obligations that cannot be excluded by the STÖRK-TRONIC NL B.V..
4.4 For orders from abroad, any applicable bank charges, turnover tax and import duties are for
the account of the Customer. A Customer from abroad may not pay by direct debit authorisation.
ARTICLE 5 DELIVERY TIME
5.1 If the STÖRK-TRONIC NL B.V. and the Customer have not agreed on a specific delivery date in the Agreement, the
delivery of the Product within the European Union shall take place as soon as possible and in any
event not later than thirty calendar days after the conclusion of the Agreement. Delivery outside
the European Union shall take place within a reasonable period of time.
5.2 If the agreed delivery period, for any reason whatsoever, is exceeded by the STÖRK-TRONIC NL B.V., the STÖRK-TRONIC NL B.V.
shall immediately notify the Customer of this in writing (by letter or e-mail). In such case, the
Customer may request the STÖRK-TRONIC NL B.V. to make the delivery within an additional period which is
appropriate in the circumstances. If the STÖRK-TRONIC NL B.V. does not make the delivery within the additional
period, the Customer is entitled to terminate the Agreement.
5.3 The payments made by the Customer in the context of the performance of the Agreement which is
cancelled by Customer, pursuant to Article 5.2 of these Terms and Conditions, shall be repaid to
the Customer by the STÖRK-TRONIC NL B.V. within 14 calendar days after the STÖRK-TRONIC NL B.V. has received the request referred
to in Article 5.2.
5.4 If the Customer has sustained demonstrable damage as a result of the STÖRK-TRONIC NL B.V. exceeding the
delivery period, the STÖRK-TRONIC NL B.V. shall reimburse the Customer for this damage to a maximum amount of the
invoice amount, irrespective of whether the Customer has terminated the Agreement with the STÖRK-TRONIC NL B.V..
ARTICLE 6 RIGHT OF WITHDRAWAL
6.1 After the Customer has received the Products ordered by it, the Customer is entitled to
terminate the underlying Agreement with the STÖRK-TRONIC NL B.V. within 14 calendar days after receipt of this
Product. The Customer is not required to give a reason for this. This provision does not apply to
Products:
a. that are altered by the STÖRK-TRONIC NL B.V. in accordance with the Customer's specifications;
b. that are clearly of a personal nature;
c. that by their nature cannot be returned;
d. that quickly become obsolete or spoil;
e. for which the price depends on fluctuations in the financial market, over which the STÖRK-TRONIC NL B.V. has no
influence;
f. such as individual newspapers and magazines;
g. such as audio and video recordings and computer software of which the Customer has broken the
seal;
6.2 If the Customer wishes to terminate the Agreement pursuant to Article 6.1 of these Terms and
Conditions, the Customer should inform the STÖRK-TRONIC NL B.V. of this in writing (by e-mail or letter). The
Customer is required to return the Product to the STÖRK-TRONIC NL B.V. as soon as possible or within 14 calendar
days. The Customer must bear the cost and risk of returning the Product.
6.3 The payments made by the Customer at the time that the Customer cancels the Agreement with
the STÖRK-TRONIC NL B.V., pursuant to Articles 6.1 and 6.2 of these Terms and Conditions, shall be repaid by the
STÖRK-TRONIC NL B.V. to the Customer within 14 calendar days after the STÖRK-TRONIC NL B.V. has been informed of the decision by
the Customer to cancel the Agreement, including delivery charges (but excluding any additional
costs resulting from the choice of the Customer for a different delivery than the cheapest
standard delivery provided by the STÖRK-TRONIC NL B.V.). Repayment shall be made by the same method of payment
used by the Customer in the original transaction, unless the Customer has explicitly agreed
otherwise; in both cases no fee will be charged to the Customer for such repayment.
6.4 If a Product is returned that, in the opinion of the STÖRK-TRONIC NL B.V., has suffered damage or has been
reduced in value as a result of the treatment of the Product(s) which exceeded that which was
necessary to determine the nature, characteristics and functioning of the Product(s), then the
STÖRK-TRONIC NL B.V. shall notify the Customer of this in writing (by letter or e-mail). The STÖRK-TRONIC NL B.V. is entitled to
deduct the reduction in value of the Product as a result of this damage from the amount payable
to the Customer
ARTICLE 7 NOT GOOD, MONEY BACK
7.1 If, within 30 calendar days after the Customer has received the Product, the Product is found
to have a defect or the Customer is of the opinion that the Product does not reasonably meet its
requirements, the Customer has two options:
(a) the Customer may request the STÖRK-TRONIC NL B.V. in writing (by letter or e-mail) for the repair, replacement
or the delivery of the missing or defective part of the Product; or
(b) the Customer may terminate the Agreement with the STÖRK-TRONIC NL B.V., by informing the STÖRK-TRONIC NL B.V. of this in
writing (by letter or e-mail).
7.2 If the Customer asks the STÖRK-TRONIC NL B.V. to repair, replace or deliver the missing or defective part of
the Product, the Customer must return the Product to the STÖRK-TRONIC NL B.V.. The STÖRK-TRONIC NL B.V. shall then repair, have
repaired or replace the Product within a reasonable time after it has received the Product from
the Customer and send it back to the Customer. The cost of the return shipment by the Customer,
the replacement and/or repair of the Product, and the return of the Product to the Customer shall
be for the account of the STÖRK-TRONIC NL B.V., unless it is plausible that the missing (part of the) Product or
the defect to the Product is attributable to the Customer or is otherwise for the account and
risk of the Customer. In such case, the STÖRK-TRONIC NL B.V. is not required to repair the defect to the Product
or add the missing part to the Product. In such case, the STÖRK-TRONIC NL B.V. shall return the Product to the
Customer in the same condition as that in which it received the Product from the Customer.
7.3 If the Customer terminates the Agreement on the basis of Article 7.1 (b) of these Terms and
Conditions, the Customer must immediately return the Product to the STÖRK-TRONIC NL B.V.. The costs of the return
dispatch are for the account of the STÖRK-TRONIC NL B.V.. The purchase price of the Product shall be refunded
within 14 calendar days to the bank account of the Customer. Article 6.4 of these Terms and
Conditions applies to this paragraph.
ARTICLE 8 GENERAL
8.1 The Customer must respect all intellectual property rights of the Product delivered by the
STÖRK-TRONIC NL B.V..
ARTICLE 9 GUARANTEES
9.1 The Products supplied by the STÖRK-TRONIC NL B.V. have a guarantee. This is a guarantee as is provided by the
manufacturer for its Products. This guarantee does not affect the rights of the Customer arising
from the law, these Terms and Conditions or the Agreement.
ARTICLE 10 COMPLAINTS
10.1 All complaints related to the delivery, quality and condition of the Product or any other
complaint shall be dealt with by the STÖRK-TRONIC NL B.V..
10.2 The Customer must make a complaint known to the Customer Service department of the STÖRK-TRONIC NL B.V.
(details are listed in Article 12 of these Terms and Conditions).
10.3 The STÖRK-TRONIC NL B.V. shall attempt to resolve the complaint within 14 calendar days. If a complaint
requires a foreseeably longer time for processing, the STÖRK-TRONIC NL B.V. shall inform the Customer of this
within the period of 14 calendar days after receipt of the complaint and indicate when the
Customer can expect to receive a more detailed response. The STÖRK-TRONIC NL B.V. shall inform the Customer of
this in writing (by letter or e-mail).
ARTICLE 11 PRIVACY
1.1 The STÖRK-TRONIC NL B.V. respects the privacy of the Customers of its site and ensures that the personal data
provided to the STÖRK-TRONIC NL B.V. is kept confidential. The STÖRK-TRONIC NL B.V. acts hereby in accordance with the relevant
provisions of the Data Protection Act (Wet Bescherming Persoonsgegevens). The STÖRK-TRONIC NL B.V. uses the
personal data to process orders as quickly and easily as possible and provide Customers with the
most complete service possible through the Customer Service department. Furthermore, the STÖRK-TRONIC NL B.V.
shall not sell or trade any data provided to it to third parties. The data of the Customer shall
only be made available to third parties that are directly involved in carrying out the order.
11.2 The STÖRK-TRONIC NL B.V. has registered the processing of personal data with the Data Protection Authority
(College Bescherming Persoonsgegevens), under number .... More information about the Data
Protection Authority and privacy can be found at http://www.cbpweb.nl.
11.3 The Customer may inspect his or her personal data at any time by submitting a written
request (by letter or e-mail) to this effect to the STÖRK-TRONIC NL B.V., webshop department. In such case, the
STÖRK-TRONIC NL B.V. shall provide the Customer with an overview of his/her personal data held by the STÖRK-TRONIC NL B.V. webshop
within 4 weeks. If the Customer believes that his or her personal data should be corrected,
supplemented, deleted or protected because it is factually incorrect, is irrelevant for the above
purpose (see paragraph 11.2 of these Terms and Conditions) or is processed in violation of a
statutory regulation, the Customer should notify the STÖRK-TRONIC NL B.V. of this in writing (by letter or e-
mail), in which the Customer indicates that his or her personal data should be corrected,
supplemented, deleted or protected. If the Customer wishes his or her personal data to be
improved and/or supplemented, the Customer shall include these improvements/additions to his or
her personal data in its notification. In all cases, the STÖRK-TRONIC NL B.V. shall immediately comply with the
instructions of the Customer, unless the STÖRK-TRONIC NL B.V. is unable to do so. In such case, the STÖRK-TRONIC NL B.V. shall
remove the personal data of the Customer from its file(s). The STÖRK-TRONIC NL B.V. shall instruct any third
parties, to whom the personal data of the Customer has been provided, to process any changes,
protection or deletion of the personal data of the Customer.
ARTICLE 12 THE STÖRK-TRONIC NL B.V. CUSTOMER SERVICE DEPARTMENT
All correspondence based on these Terms and Conditions should take place with:
Störk-Tronic NL B.V.
Van der Waalsstraat 26
NL-2721 KX Zoetermeer, The Netherlands
nl@stoerk-tronic.com
Customer Service department telephone number: +31 10 313 2300
ARTICLE 13 APPLICABLE LAW, MEDIATION AND DISPUTES
13.1 All Agreements concluded with the STÖRK-TRONIC NL B.V. are governed by Dutch law.
13.2 In principle, the courts have jurisdiction to hear disputes between the parties unless the
parties agree otherwise.
13.3 In the event of a conflict between the STÖRK-TRONIC NL B.V. and a Customer, a natural person acting in the
exercise of a profession or business, then the Rotterdam Court is authorised to take cognizance
of the dispute.
13.4 In the event of a conflict between the STÖRK-TRONIC NL B.V. and a natural person not acting in the exercise
of a profession or business, then a court located in the capital of the country where the
individual has his actual residence has jurisdiction.
- General Terms and Conditions of STÖRK-TRONIC NL B.V. Webshop -