ARTICLE 1. Definitions

The following definitions apply in these general terms and conditions:

Order: any order placed by a Customer with Hydroseals, in whatever form;

Consumer: the Customer who acts as a natural person outside the purposes of his/her company to which Hydroseals sells and/or supplies Products and to which Hydroseals provides Services;

Hydroseals or We or Us: the general partnership Hydroseals with limited liability under Dutch law;

Customer, You/You/Your or Your: all natural or legal persons with whom Hydroseals enters into an Agreement or provides Services to;

Agreement: any Agreement entered into in writing and signed between Hydroseals and a Customer, including these conditions and amendments thereto;

Products: all goods covered by an Agreement;

Services: all Services that Hydroseals provides to the Customer;

 

ARTICLE 2. Applicability

The current terms and conditions apply to all actions and legal transactions of Hydroseals and Customers.

Applicability of general terms and conditions used by the Customer is explicitly rejected by Hydroseals.

Identity of Hydroseals:
Hydroseals, Heusing 4C, 4817 ZB Breda, Netherlands
Contact: info@hydroseals.nl, tel. +31 (0) 85 08 06 119
Chamber of Commerce: 93481357
VAT Number: NL866420654B01

 

ARTICLE 3. Product descriptions and quotations

Hydroseals will exercise due care in informing the Customer of the data, weights, characteristics and other information applicable to the Products, but cannot guarantee that they are free from deviations. Specifications shown or made available are only indicative of the Products in question. If the Customer can demonstrate that the Products supplied by Hydroseals differ significantly from the information provided by Hydroseals, the Customer has the right to terminate the Agreement within a reasonable period after delivery of the Product, but to the extent that such termination is reasonably necessary and without Hydroseals being held liable for any damages.

If a quotation or quotation has a limited period of validity or is made under special conditions, this will be expressly stated in the quotation.

A quotation or quotation is not binding for Hydroseals and only serves as an invitation to the Customer to place an Order.

 

ARTICLE 4. The agreements

An Agreement becomes effective to the extent that Hydroseals accepts an Order from a Customer in writing or if Hydroseals executes an Order in writing. If, at the request of the Customer, Hydroseals carries out work for the Customer before an Agreement comes into effect, the Customer will reimburse Hydroseals for this in accordance with Hydroseals' usual rates that are due from receipt of an invoice.

Hydroseals can, within legal frameworks, inform itself whether the Customer 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, based on this investigation, Hydroseals has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

After accepting an Order, Hydroseals has the right at any time to cancel that Order prior to delivery without liability, without giving the reason after the Order has been accepted. In this case, Hydroseals is not obliged to repay more than any advance payments already made by the Customer.

 

ARTICLE 5. Right of withdrawal

If the Customer is a Consumer who has purchased a Product, the Product can be returned in the original packaging within 14 (fourteen) days of purchase.

The Consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 (fourteen) days without giving reasons and without additional costs.

The withdrawal period expires after 14 (fourteen) calendar days after the day on which You, other than the carrier, physically receive the Products. If the Products are delivered in multiple partial lots, the withdrawal period expires after 14 (fourteen) calendar days after the day You physically receive the last shipment/lot.

The Consumer has no right of withdrawal if the Products are products manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person;
sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
products that are irrevocably mixed with other products after delivery due to their nature.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.

During the cooling-off period, the Consumer will handle the Product and its packaging with care. He will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the Consumer may only handle and inspect the product as he would in a store.

If the Consumer exercises his right of withdrawal, he must report this unambiguously to Hydroseals within the cooling-off period. We will send you a confirmation of cancellation.

Hydroseals uses the same payment method that the Consumer used for reimbursement, unless the Consumer agrees to a different method. The refund is free of charge for the Consumer.

If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Hydroseals does not have to reimburse the additional costs for the more expensive method.

 

ARTICLE 6. Prices

All Hydroseals prices are in EUR, unless expressly stated otherwise.

Changes to factors prior to delivery that affect Hydroseals' prices, including but not limited to third party rates, exchange rates, import and export duties and other costs that may apply to import or export, freight costs and other surcharges, levies or taxes, may be charged to the Customer by Hydroseals.

 

ARTICLE 7. Warranty

Hydroseals guarantees that the Products and/or Services comply with the Agreement, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

If Hydroseals supplies Products to the Customer that Hydroseals has obtained from its own suppliers, Hydroseals cannot at any time be obliged by the Customer to comply with a warranty or be held liable that is more extensive than that which Hydroseals can claim from its own supplier.

Any defects or incorrectly delivered Products must be reported to Hydroseals in writing within 2 months of delivery. Products must be returned in the original packaging and in new condition.

The Hydroseals warranty period corresponds to the manufacturer's warranty period. However, Hydroseals 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.

The warranty does not apply if: - the Customer has repaired and/or edited the delivered Products himself or has had them repaired and/or edited by third parties; - the delivered Products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions and/or on the packaging; - the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

 

ARTICLE 8. Delivery and execution

The delivery period indicated by Hydroseals is based on the circumstances applicable to Hydroseals at the time the Agreement is entered into and, to the extent dependent on the performance of third parties, on the information that these third parties have provided to Hydroseals. All delivery dates are estimates only.

Unless otherwise stated in this document, the delivery period commences on the date of the written Order Confirmation from Hydroseals. However, if Hydroseals requires additional information from the Customer to execute the Order, the delivery period will commence on the date on which Hydroseals has all the necessary information and resources, but not earlier than the date of the written Order Confirmation.

If the Customer does not collect the Products he/she has ordered and does not do so promptly, he/she will remain in default without the need for a written notice of default. In such a situation, Hydroseals has the right to store the Products at the expense and risk of the Customer, and may sell them to a third party. Customer remains liable for the purchase price and additional interest and costs (by way of compensation) after deducting the net proceeds from any such sale to a third party.

The Customer is not entitled to claim compensation if the delivery period is exceeded. The Customer also does not have the right to terminate the Agreement in that case, unless the Customer is considered a Consumer. Consumers have the right to terminate the Agreement after they have requested delivery within a reasonable period or within the legal period and Hydroseals could not deliver within that reasonable or legal period.

After dissolution in accordance with the previous paragraph, Hydroseals will immediately refund the amount paid by the Consumer.

Hydroseals is always entitled to deliver in parts.

 

ARTICLE 9. Payment

Unless otherwise provided in the Agreement or additional conditions, the amounts owed by the Customer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period commences on the day after the Customer has received confirmation of the Agreement.

The Customer has the obligation to immediately report any inaccuracies in payment details provided or stated to Hydroseals.

If the customer does not meet his payment obligation(s) on time, after Hydroseals has informed him of the late payment and Hydroseals has granted the Customer a period of 14 days to still meet his payment obligations, after failure to pay within this 14-day period, he will owe statutory interest on the amount still due and Hydroseals is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000, with a minimum of € 40. Hydroseals may deviate from the stated amounts and percentages for the benefit of the Customer.

 

ARTICLE 10. Retention of title

Apart from the actual delivery date, title to the Products will not transfer to Customer until he/she has paid Hydroseals the full outstanding amount of the Products, including the purchase price, fees, interest, taxes and charges payable in accordance with the Terms or any Agreement granted with respect to the Products.

If the Customer acts contrary to the provisions of this article or Hydroseals invokes the retention of title, Hydroseals and its employees have the irrevocable right to enter the Customer's premises and take back the products delivered under retention of title. This is without prejudice to Hydroseals' right to compensation for damage, lost profit and interest and the right to terminate the agreement without further notice of default, by means of a written statement.

In the event of attachment, confiscation, seizure, bankruptcy, involuntary liquidation or a (provisional) suspension of payments, the Customer must immediately inform the administrator, liquidator or bailiff handling the confiscation, seizure or attachment of Hydroseals' ownership rights.

 

ARTICLE 11. Complaints procedure

Complaints submitted to Hydroseals will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Hydroseals will respond within 14 days with an acknowledgment of receipt and an indication of when the Customer can expect a more detailed response.

The Customer is not entitled to return Products to Hydroseals before Hydroseals has approved such return in writing. The Products remain at the Customer's risk until Hydroseals has received them.

 

ARTICLE 12. Privacy

We take your privacy seriously. In the execution of this Agreement, we process and protect Your personal data in accordance with our privacy policy. See www.hydroseals.nl.

 

ARTICLE 13. Applicable law, competent court

Dutch law applies exclusively to all Agreements.

For the benefit of Consumers, more favorable mandatory provisions under Dutch law remain unchanged.

Any disputes will be submitted to the competent court in the place where Hydroseals is located, although Hydroseals always retains the authority to submit the dispute to the competent court in the place where the Customer is located.

 

ARTICLE 14. Changes to the terms and conditions

Except as otherwise provided herein, these terms may be modified by Hydroseals upon notice to Customer. Except as otherwise provided herein or therein, the amended Terms will apply to all new Agreements from the day of notice and to all current Agreements if and to the extent executed after the day of notice. We may revise and update any websites referred to in these Terms from time to time in our sole discretion. Unless otherwise stated on such websites, any changes are effective immediately upon posting and apply to all access to and use of the applicable website thereafter. Unless otherwise stated on the Website, Your continued use of the Website following the posting of any revised terms means You accept and agree to the changes. You are expected to check the applicable websites from time to time to take notice of any changes, as they are binding on You.