General terms and conditions LockOutStore.nl

Registered at: Generaal Foulkesweg 90 6703 BZ Wageningen Netherlands

Chamber of Commerce: 88062325 E-mail: info@lockoutstore.nl Website: www.lockoutstore.nl

Article 1: Definitions

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

  1. LockOutStore.nl: The user of these general terms and conditions, trade name of Ybob Veiligheidsproducten, having its registered office in Wageningen.
  2. Customer: Any natural person or legal entity that enters into an agreement with LockOutStore.nl.
    • Consumer: A natural person who is not acting in the exercise of a profession or business.
    • Business customer: A natural person or legal entity that acts in the exercise of a profession or business.
  3. Agreement: The arrangement between LockOutStore.nl and the Customer whereby LockOutStore.nl undertakes to supply products and/or services (such as advice or courses).
  4. Products: All goods offered by LockOutStore.nl, including but not limited to Lockout Tagout materials.

Article 2: Applicability

  1. These terms apply to all quotations, offers, work, orders and agreements between LockOutStore.nl and the Customer.
  2. Deviations from these terms are only valid if they have been expressly agreed in writing.
  3. The applicability of any purchasing or other terms of the Customer is expressly rejected.

Article 3: Offers and formation of the agreement

  1. All offers and quotations from LockOutStore.nl are without obligation, unless a period for acceptance has been stated in the quotation.
  2. An agreement is formed at the moment LockOutStore.nl has confirmed an order or assignment in writing (including by e-mail), or when LockOutStore.nl actually begins the performance of the agreement (such as sending products).
  3. Obvious mistakes or errors in the offer on the website do not bind LockOutStore.nl.

Article 4: Prices

  1. The prices stated on the website and in quotations are exclusive of VAT and exclusive of shipping costs, unless expressly stated otherwise.
  2. LockOutStore.nl is entitled to pass on to the Business customer price increases of cost-determining factors (such as purchase prices, raw materials, wages) that arise after the formation of the agreement.

Article 5: Payment

  1. Payment must be made within 14 days of the invoice date, in a manner to be indicated by LockOutStore.nl, unless otherwise agreed (for example immediate payment in the webshop).
  2. If the Customer fails to make timely payment of an invoice, the Customer is in default by operation of law. The Customer then owes the statutory (commercial) interest.
  3. Collection costs: If the Customer is in default or in breach of the fulfilment of one or more of its obligations, then all reasonable costs to obtain satisfaction out of court are borne by the Customer. For Business customers, these costs amount to a minimum of € 250.00.

Article 6: Delivery and delivery time

  1. LockOutStore.nl endeavours to deliver orders within the periods stated on the website (usually 2 to 6 working days). Unless it concerns a 'Bulk Order' that comes directly from production.
  2. Stated delivery times are indicative and are never to be regarded as a strict deadline. If a period is exceeded, the Customer must give LockOutStore.nl notice of default in writing.
  3. If LockOutStore.nl requires data from the Customer for the performance of the agreement, the delivery time commences after the Customer has made this correctly and completely available to LockOutStore.nl.

Article 7: Returns and Right of Withdrawal

7.1 For Consumers (Private individuals) Consumers have the right to withdraw from the agreement (return) within 14 days of receipt without giving reasons, unless it concerns products that have been specifically made to measure. The costs for return shipment are borne by the consumer.

7.2 For Business customers (B2B) For business customers, no statutory right of withdrawal applies. Returns are only possible after written permission from LockOutStore.nl.

7.3 Exclusion of right of return (Bulk & Custom) Notwithstanding the above, the following products are never taken back:

  1. Bulk orders: Orders of large quantities that have been produced specifically for the Customer or ordered from the manufacturer. Since these are delivered directly from production, they cannot be cancelled or returned.
  2. Custom work: Products manufactured according to the Customer's specifications (e.g. engraved locks, personalised tags).
  3. Products that, by their nature, cannot be returned or that can quickly perish or become outdated.

Article 8: Retention of title

  1. All goods delivered by LockOutStore.nl remain the property of LockOutStore.nl until the Customer has fulfilled all the following obligations from all agreements concluded with LockOutStore.nl (payment of the full purchase price, including any interest and costs).
  2. Goods delivered by LockOutStore.nl that fall under the retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The Customer is not authorised to pledge or in any other way encumber the goods falling under the retention of title.

Article 9: Complaints and inspection

  1. The Customer is obliged to (have) inspect(ed) the delivered goods at the moment of delivery. In doing so, the Customer must examine whether the quality and quantity correspond to what was agreed.
  2. Visible defects must be reported to LockOutStore.nl in writing within 5 working days of delivery.
  3. Non-visible defects must be reported to LockOutStore.nl in writing immediately, but in any case within 10 working days of their discovery.
  4. After the expiry of the periods mentioned in this article, the Customer is deemed to have approved the delivery.

Article 10: Liability

  1. If LockOutStore.nl should be liable, then this liability is limited to what is regulated in this provision.
  2. LockOutStore.nl is not liable for damage, of whatever nature, arising because LockOutStore.nl relied on incorrect and/or incomplete data provided by or on behalf of the Customer.
  3. LockOutStore.nl is only liable for direct damage. Direct damage is understood to mean solely the reasonable costs of establishing the cause and extent of the damage and the reasonable costs incurred to make the defective performance of LockOutStore.nl conform to the agreement.
  4. LockOutStore.nl is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business stagnation.
  5. The liability of LockOutStore.nl is in any case always limited to the amount of the payment of its insurer in the relevant case, and if it does not pay out, to a maximum of the invoice amount of the relevant order.

Article 11: Force majeure

  1. LockOutStore.nl is not obliged to fulfil any obligation towards the Customer if it is hindered from doing so as a result of a circumstance that is not due to fault (such as fire, strikes, internet or energy disruptions, delays at suppliers).
  2. LockOutStore.nl may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement, without any obligation to compensate the other party for damage.

Article 12: Applicable law and disputes

  1. All legal relationships to which LockOutStore.nl is a party are governed exclusively by Dutch law.
  2. Disputes will be submitted exclusively to the competent court in the district where LockOutStore.nl is established (District of Gelderland), unless the law mandatorily prescribes otherwise.