Terms and conditions

Article 1 - Definitions

1. Trader: 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 trader;
3. Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
4. Means of distance communication: means that can be used for concluding a contract, without the consumer and trader being in the same room at the same time;
5. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
7. Day: calendar day;
8. Continuing performance contract: 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 trader 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 trader

SKIL BV (parts.skileurope.com)
Rithmeesterpark 22 A1
4838 GZ Breda
Nederland

Chamber of Commerce number: 66638054
VAT number: NL856641273B01

Article 3 - Applicability

1. These general conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general conditions will 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 conditions can be inspected at the trader's and, at the consumer's request, will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, the text of these general conditions may, in derogation of the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or otherwise at their request.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general conditions, the consumer can always invoke the applicable provision that is most favourable to him.

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 contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader 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 trader.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This relates in particular to:
   • the price including taxes;
   • any delivery costs;
   • the way in which the contract will be concluded and what actions are required for this;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery or performance of the contract;
   • the deadline for accepting the offer, or the period for honouring the price;
   • the level of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic tariff;
   • if the contract is archived after conclusion, how the consumer can consult it;
   • the way in which the consumer can become aware of actions he did not want before the contract is concluded, as well as the way in which he can rectify these before the contract is concluded;
   • the languages in which, in addition to Dutch, the contract can be concluded;
   • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the case of a contract for the continuous or periodic delivery of products or services.

Article 5 - The contract

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately electronically confirm receipt of acceptance of the offer. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
4. The trader may - within legal frameworks - ascertain 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 trader has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
5. With the product or service, the trader will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
   a) the visiting address of the trader's establishment where the consumer can go with complaints;
   b) the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
   c) information about existing after-sales service and warranties;
   d) the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before performing the contract;
   e) the requirements for cancelling the contract if the contract has a duration of more than one year or is of indefinite duration.
   
6. If the trader has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6a - Right of withdrawal for the delivery of products

1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons during 14 working days. This period commences 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 packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

Article 6b - Right of withdrawal for the delivery of services

1. For the delivery of services, the consumer has the option to dissolve the contract without giving reasons during 14 working days, starting on the day of entering into the contract.
2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be at his expense.
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days of 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 trader if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
   a) which have been created by the trader in accordance with specifications of the consumer;
   b) which are clearly personal in nature;
   c) which, by their nature, cannot be returned;
   d) which can spoil or age quickly;
   e) whose price is subject to fluctuations in the financial market over which the trader has no influence;
   f) for individual newspapers and magazines;
   g) for audio and video recordings and computer software of which the consumer has broken the seal.
   
3. Exclusion of the right of withdrawal is only possible for services:
   a) regarding accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
   b) whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
   c) regarding bets and lotteries.
   

Article 9 - The price

1. During the period of validity mentioned 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 trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
   a) they are the result of legal regulations or provisions; or
   b) the consumer has the authority to cancel the contract on the day the price increase takes effect.
   
5. The prices stated in the offer of products or services include VAT.

Article 10 - Conformity and Warranty

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date of conclusion of the contract.
2. A scheme offered as a warranty by the trader, manufacturer or importer does not affect the rights and claims that the consumer can assert against the trader based on the law and/or the distance contract in the event of a shortcoming in the fulfilment of the trader's obligations.

Article 11 - Delivery and performance

1. The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The address that the consumer has made known to the company shall be deemed the place of delivery.
3. With due observance of what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified at the latest one month after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount the consumer has paid as soon as possible, but no later than within 30 days of dissolution.
5. If the delivery of an ordered product proves to be impossible, the trader will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and understandably reported that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of return shipment are at the expense of the trader.
6. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 - Continuing performance contracts

1. The consumer can cancel a contract that has been entered into for an indefinite period at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
2. A contract that has been entered into for a fixed period has a maximum duration of two years. If it has been agreed that the distance contract will be extended if the consumer remains silent, the contract will be continued as a contract for an indefinite period and the notice period after continuation of the contract will be a maximum of one month.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days of delivery of the goods or, in the case of a contract for the provision of a service, within 14 days of issuing the documents relating to this contract.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.
3. In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the consumer the reasonable costs known in advance.

Article 14 - Complaints procedure

1. The trader has a sufficiently well-publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the contract must be submitted to the trader in full and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.

Article 15 - 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 medium.