Terms and Conditions of ROLS trading under the name of Disinall, established in Nijverdal.
Version valid from June 2014
1.1 These terms and conditions apply to all offers made by Disinall. The Terms and Conditions are accessible to all and can be found on the Disinall website.
1.2 By placing an order, you acknowledge that you agree to the general conditions for delivery and payment. Disinall reserves the right to change its general conditions for delivery and payment after the expiry of the term.
1.3 Unless otherwise agreed in writing, Disinall does not recognise the general or specific terms or conditions of third parties.
1.4 Disinall guarantees that the delivered product will be in compliance with the contract and fulfil the specifications listed in the offer.
2.1 Delivery will take place while supplies last.
2.2 Under the rules of distance selling, Disinall will execute all orders within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or due to other reasons for delay, or an order cannot or can only be partially fulfilled, the buyer will receive a message within one month after placing the order and in that case he/she will be entitled to cancel the order without penalty or notice of default.
2.3 Barring proof to the contrary, Disinall will be relieved of its supply obligation once Disinall has offered the delivered goods to the buyer once. In the case of home delivery, the report of the carrier, which also entails refusal of acceptance, will serve as full proof of the offer to deliver.
2.4 All the terms listed on the website are indicative. No rights can therefore be derived from the listed terms.
3.1 Prices will not be increased within the duration of the offer, unless necessitated by legal action or if the manufacturer has implemented interim price increases.
3.2 All prices on the site are subject to printer’s errors. Disinall does not accept liability for printer’s errors.
3.3 All prices on the website are in Euros and include 21% VAT or, if you are logged in as a retailer, in Euros and excluding 21% VAT.
- Viewing period/right of withdrawal
4.1 In the event of a consumer purchase, under the ‘Sales on Distance Act’ (Article 7:5 Dutch Civil Code), the buyer has the right to return (part of) the goods within a period of 14 days without being required to provide a reason for the return. This period begins when the ordered goods are delivered. If the buyer has not returned the delivered goods to Disinall after this period, the purchase will be deemed to have come into effect. The buyer is bound, before proceeding to return goods within the period of 14 working days after delivery, to notify Disinall in writing to that effect. The buyer must be able to prove that the delivered goods have been returned on time, for example by means of a proof of mail delivery. Returned goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the buyer, the right to terminate pursuant to this paragraph will expire. Subject to the provisions in the preceding sentence, Disinall will ensure that, within 30 days after receipt of the return, the full purchase amount, including the originally charged shipping costs, will be refunded to the buyer. The return of the goods delivered is the sole responsibility and risk of the buyer.
4.2 The right of withdrawal does not apply to:
Services where execution with the consent of the consumer has started before the period of 14 days for goods or services that cannot be returned based on their inherent nature; for example, hygiene or rapid decay or ageing.
- Data Management
Disinall respects the privacy of the users of the website and ensures the confidentiality of your personal information.
5.3 Disinall sometimes makes use of a mailing list. Each mailing includes instructions on how to remove yourself from this list.
6.1 Disinall guarantees that the delivered products meet the requirements of usability, reliability and durability as are reasonably intended by the parties in the purchase agreement and therefore accepts responsibility for the guarantee of the manufacturer of the product supplied to you.
6.2 The Disinall guarantee period corresponds to the manufacturer’s guarantee period. Disinall is never responsible for the ultimate suitability of the goods for each individual application by the buyer, nor for any recommendations regarding the use or application of the goods.
6.3 The customer is bound to check the delivered goods immediately upon receipt. Should the goods delivered be wrong, inadequate or incomplete, the customer is bound to report these defects immediately in writing to Disinall before proceeding to return them to Disinall. Any defects or faulty goods must and can be reported in writing within a maximum of 2 months after delivery to Disinall. Returned goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Using the goods after detection of defect, damage caused after detection of defect, encumbrance and/or resale after detection of defect, will void the right to claim and return.
6.4 If Disinall finds the complaints from the customer justified, Disinall will, at its own discretion, replace the delivered goods at no charge or make a written agreement on compensation measures with the buyer, with the understanding that Disinall’s liability and therefore the amount of compensation will, in all cases, be limited to a maximum of the invoiced amount of the related goods with the option for Disinall to pay the maximum of the amount covered by Disinall’s liability insurance in each case. Any liability of Disinall with respect to any other form of damage is excluded, including any additional compensation of any kind, compensation for indirect damages or consequential damages or damages for lost profits.
6.5 Disinall is not liable for damage caused intentionally or equivalent deliberate recklessness of non-managerial staff.
6.6 This warranty does not apply if: A) and as long as the buyer is in default against Disinall;
B) the buyer has repaired the delivered goods themselves and/or had them repaired or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions issued by Disinall and/or the instructions on the packaging;
D) the defects are wholly or partially the result of regulations set or to be set by the government regarding the nature or quality of the materials used;
7.1 Offers are not binding unless otherwise stated in the offer.
7.2 Upon acceptance of an offer by the buyer, Disinall reserves the right to withdraw or change the offer within 3 working days of receipt of such acceptance or to deviate thereof
7.3 Verbal agreements only bind Disinall after explicit confirmation in writing.
7.4 Offers from Disinall do not apply automatically to repeat orders.
7.5 Disinall will not be bound to its offer if the buyer can reasonably be expected to understand that the offer, or any part thereof, contains an obvious mistake or error.
7.6 Additions, modifications and/or further agreements are only effective if agreed in writing.
8.1 An agreement between Disinall and a customer is established after an order has been assessed for feasibility by Disinall.
Disinall reserves the right, without the need to state a reason, to not accept orders or instructions or to only accept orders under the condition that the shipping will be fulfilled if payment is made before shipment or to be paid in cash on delivery.
- Images and specifications
9.1 All images; photos, drawings, etc., including information on weights, dimensions, colours, images of labels, etc. on the Disinall website are only approximate and indicative and cannot lead to damage compensation or termination of the agreement.
- Force Majeure
Disinall is not liable if and when it cannot fulfil its agreements due to force majeure (circumstances beyond its control).
10.2 Force majeure is to be understood as any external cause, and any circumstantial situation which cannot reasonably be considered Disinall’s risk. Delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity, failures in email traffic and disruptions or changes in technology supplied by third parties, transport problems, strikes, government measures, supply delay, negligence by Disinall’s suppliers and/or manufacturers and its associated parties, staff sickness, defects in appliance or shipment tools count explicitly as force majeure.
10.3 In case of force majeure, Disinall reserves the right to suspend the agreement wholly or partially, or to claim amendment of the content of the agreement to enable its execution. Under no circumstances will Disinall be liable to pay any penalty or compensation for damages.
10.4 Upon the occurrence of a force majeure, if Disinall has already partially fulfilled its obligations, or can only fulfil the agreement partially, Disinall has the right to invoice the already delivered part or the part to be delivered while the buyer is bound to pay this invoice as if it were a separate contract. However, this condition is not valid when the already delivered or deliverable part has no independent value.
11.1 Disinall is not liable for damage to vehicles, equipment or other items due to improper use of goods. Please read the instructions on the packaging and/or consult our website before use.
12.1 Ownership of all goods sold and delivered to the buyer by Disinall will remain with Disinall until the buyer has fulfilled the payment claims issued by Disinall under the agreement or under past or future similar agreement(s), until the buyer has fulfilled the actions and conditions of the agreement or of past or future similar agreement(s) and as long as the buyer fails in fulfilling claims relating to penalties, interest and costs, all as provided in Article 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Disinall that still form part of its ownership may only be sold as part of normal business activities and may never be used as payment.
12.3 The buyer is not entitled to pledge or otherwise encumber goods that are owned by Disinall.
12.4 In all cases where Disinall wishes to execute its ownership rights, the buyer gives unconditional and irrevocable consent to Disinall or a third party appointed by Disinall to visit all those sites and locations where Disinall’s assets are located and to take possession of these assets.
12.5 If a third party seizes or is trying to enforce rights on goods delivered under Disinall’s ownership, the buyer will be bound to inform Disinall to that effect as soon as reasonably may be expected.
12.6 The buyer is bound to insure the goods delivered under Disinall’s ownership and to keep it insured against fire, explosion and water damage and also against theft and to hand the policy of this insurance to Disinall upon first request for inspection by Disinall.
- Applicable law/jurisdiction
13.1 All agreements are subject to Dutch law.
13.2 Disputes arising from an agreement between Disinall and the buyer, which cannot be resolved by mutual agreement, will be brought before the competent court of the district of Almelo, unless Disinall prefers to bring the dispute before the competent court of the domicile of the buyer, with the exception of those disputes that fall under the jurisdiction of a magistrate.