Retail sales conditions (T & C)
Wobbel BV (supplier)
Only for business partners
This is a translation of our Dutch Terms and Conditions. We take no responsibility for the correct translation. For all legal relationships, Dutch law and legislation are in force, including our formal Dutch version of the T&C
1. Scope of the T & C
The following T&C shall apply solely for companies, legal entities under public law and special funds under public law. Contrary terms and conditions of the customer or terms and conditions which deviate from ours are not recognized by us unless we have expressly agreed to them in writing.
2. Prices, terms of orders
The price at the time of ordering is binding. Interim price changes do not affect already placed orders. All prices indicated on the website are without shipping and VAT. They are calculated in the shopping basket of the web shop according to your order amount.
There is no minimum purchasing volume for first and subsequent orders. When you want to place an order exceeding 50 Wobbels, please don't order through the web shop, but mail us at [email protected] so we can find a more efficient way of shipping.
3. Delivery Deadlines
Delivery dates are non-binding. Exceeding the delivery date, the supplier shall be granted additional 4 weeks for completing delivery. This period shall start with the first written reminder for delivery from the customer side. After this period the customer can be released of his obligation to the contract of purchase.
4. Transport Risks
The risk of transmission is transferred to the customer once the shipment has been handed over to the carrier or as soon as the shipment has left our warehouse. We are not responsible for damage during transportation. Check your shipments upon arrival and in case of damage immediately. A damage report should be made upon arrival with the carrier. This documentation should be submitted including photo references. Without this documentation, transportation companies such as postal or parcel services and forwarding agents cannot be held responsible. If the customer cannot deliver this report, the cost of the damage is for the customer. If the agreed shipment is delayed as a result of circumstances for which the customer is responsible, the risk shall pass to the customer from the date upon which the goods are reported to be ready for dispatch. We are not liable for damage in transit.
Complaints of obvious defects must be announced within 5 days of receipt of the goods. In case of defects, it is our choice to credit, repair or replace the product. Replaced products will become our property.
The delivered goods remain our property until complete fulfillment of all our claims arising from the business relationship with the customer. The buyer is entitled to resell the goods in the context of a proper business transaction as long as he is not in default of payment.
In case of bankruptcy, the client will point out the property of the supplier and the supplier is immediately informed.
Claims of the customer for reimbursement of damages are excluded as long as the customer claims are not relating to injury to life, body or health or relating to serious breach of contract as well as liability for other damage caused by intentional or gross negligent violation through the supplier, its legal representatives or performing agents.
In the event of culpable violation of essential contractual obligations as defined in paragraph 1 any liability on our part will be for foreseeable damage that is typical of the contract and if this was caused by negligence, unless and to the extent the matter involves claims for damages that are based on
mortal injury, physical harm or health damage. Important contractual obligation under paragraph 1 is the liability for breaches which make the proper execution of the contract possible and in which
the customer may normally trust.
The restrictions of clauses 1 and 2 also apply in favor of our legal representatives and performing agents, if claims are aimed directly at them.
The liability for minor culpable breach of contract will be limited to a liability amount of €10.000, except in the case of injury to life, body or health.
The product liability law remains untouched by the preceding rules.
8. Payment terms
Payment can be made directly when ordering through our web shop with a large number of payment options. When using a bank transfer, where any transfer fees are for the buyer, the invoice is due within 30 days after the invoice date. If delivery takes place within these 30 days, the invoice must be fulfilled before shipment. If partial payment deals are made, previous orders must be paid in full before next orders can ship.
If you wish to pay by bank transfer, please state your invoice number.
Rabobank NL: IBAN: NL81RABO 0307698602 in Amersfoort, Netherlands. BIC / SWIFT RABONL2U
Once the money is on our account, we will release the shipment in accordance with the indicative delivery times. All costs associated with late payment will be charged to the customer.
These conditions and all legal relationships between us and the customer, also valid for cross-border agreements are to be conducted under the laws and regulations of the Netherlands. Any disputes will be handled under Dutch law in a Dutch court of law or arbitration board.
The Wobbel is certified according to specific certification and legislation. It may not be sold outside the EU, USA, Canada, Australia, New Zealand and Japan. Wobbel BV cannot be held responsible for any claims or violations when retailers do ship Wobbels outside of the mentioned areas.
Dealers can only act as resellers to individual consumers. It is not allowed to trade our products to other commercial parties without a written approval by Wobbel BV. The retailer is only allowed to sell the Wobbels via their own URL and webshop, which has been approved by Wobbel, and not via someone else's URL (such as public sales platforms).
All items you buy from us, the statutory warranty under Dutch law applies. This means that the product must be in good condition and in normal use for an appropriate function. When you receive an item that is defected we provide a suitable solution as soon as possible. Depending on the item and its state, we do this by replacement, repair or refund.
The supplier and purchaser are by virtue of this agreement are not allowed to share information about our agreement, the conditions, and prices with third parties.
Should any provision of the purchase agreement or these T&C be or become invalid, either in part or in full, the effectiveness of the other provisions shall not be affected thereby.
Date of preparation: Oktober 18th, 2018