Article 1. Definitions
In these general terms and conditions the stated terms will have the following meaning:
Venta: Venta Benelux B.V.
Buyer: The consumer who buys items from Venta Benelux B.V.
Agreement: The purchase agreement between Venta Benelux B.V. and the consumer regarding the products of Venta Benelux B.V.
Article 2. General terms and conditions
These general terms and conditions apply to every quotation and every agreement between Venta and the buyer, to the extent that the parties have not expressly deviated from these general terms and conditions.
Venta is authorised to amend these terms and conditions. Amendments come into force as soon as they have been communicated to the buyer.
Article 3. Quotations
Quotations issued by Venta are valid for 30 days, unless indicated otherwise. The prices stated in the quotation include VAT.
Article 4. Formation of the agreement
The agreement is formed by the written order confirmation by the buyer, by means of fax, a letter, e-mail or a test order card. If orders are placed on-line, the buyer receives a confirmation by e-mail and these general terms and conditions are sent by post or attached automatically. In all other cases, invoicing by Venta will be regarded as acceptance of the order. The general terms and conditions are stated on the reverse of this invoice.
Article 5. Termination by the buyer
The buyer may terminate the purchase agreement within 14 days of the invoice date, without giving any reasons. During that period, he may use the appliance carefully. If the buyer disagrees with the general terms and conditions, the buyer may also terminate the agreement within the stated 14 days.
If the buyer terminates the purchase agreement, he must ensure that the purchased item is returned to Venta within 14 days of the invoice date in the original packaging. The postage charges will be borne by Venta.
Article 6. Delivery dates
Normally speaking, delivery takes place within 72 hours of placing the order, with the exception of holiday periods (3 weeks during the summer holiday), which will be communicated to the buyer by e-mail and answering machine. If an appliance is not in stock, delivery will be made within 10 working days; if the transport from the manufacturer to Venta or from Venta to the buyer comes to a halt, delivery will be made as soon as that transport takes place again. The buyer must give Venta written notice of default in case of late delivery, allowing Venta a reasonable period of at least 14 days to still fulfil its obligations. Venta will inform the buyer in a timely fashion that delivery cannot be made on the agreed date and will agree on a new delivery period with the buyer.
Article 7. Delivery
Unless otherwise agreed in writing, delivery of the purchased goods is made to the address stated by the buyer. The transport costs will be borne by the buyer.
For all appliances, with the exception of LW 14, there is a testing period of 14 days after the invoice date. The test order card will be sent on request. If the buyer uses the 14-day free test period, he may return the purchased goods to Venta within the stated period. In that case, the postage charges are payable by Venta. If the buyer has not returned the goods to Venta after the applicable test period (i.e. 14 days after the invoice date), he will no longer be entitled to cancel the purchase.
Article 8. Retention of title
The goods delivered by Venta remain Venta's property until the buyer has paid the corresponding invoice in full.
Article 9. Distance purchase
For seven working days following receipt of the product, the buyer has the right to cancel the distance purchase without stating reasons and Venta will not charge any costs apart from the costs for returning the product.
Article 10. Complaints
Delivered goods must be checked for noticeable defects within 14 days of delivery. Complaints regarding visible defects must be reported to Venta as soon as possible but within 2 months of the invoice date at the latest. Complaints regarding other defects must also be reported to Venta by the buyer as soon as possible but within 2 months of the invoice date at the latest. Hidden defects must be reported to Venta within 8 days of their discovery.
Article 11. Warranty
Venta issues a 2-year warranty for all complete products sold by it.
Article 12. Repairs/parts
A 1-year warranty period applies to all parts delivered and repairs carried out.
Article 13. Payment
Payment by the buyer must be made within 30 days of the invoice date. Venta will give the buyer notice of default after 30 days have expired following the invoice date without payment and Venta will give him a reasonable period to make payment as yet. If the buyer does not make payment, he will be in default and the statutory interest will come into force.
Article 14. Force majeure
Force majeure includes circumstances that preclude the fulfilment of the obligation by Venta and that cannot be attributed to Venta. In the event of force majeure, any delivery and other obligations of Venta will be suspended. If the period in which fulfilment of the obligations by Venta is not possible due to force majeure lasts longer than 30 days, both Venta and the buyer will be entitled to terminate the agreement, without any obligation to pay compensation.
Article 15. Liability
Venta is not liable for damage or loss that cannot be attributed to it. If the buyer uses the products purchased from Venta improperly, Venta will not be liable for the damage or loss or any consequential damage or loss. Venta will be liable if damage is caused to an appliance in spite of proper use. Venta will only be liable for any resulting consequential damage or loss up to the sum that the insurance policy taken out by Venta pays out in such case.
Article 16. Judicial and extrajudicial costs
In the event of late payment, in addition to the amount owed and the statutory interest due thereon, the buyer must pay extrajudicial collection costs that amount to 15% of the principal sum, with a minimum of €50. If legal proceedings are conducted and a court decision finding fully or predominantly against the buyer is given, the buyer will be liable for the actual judicial costs incurred by Venta, including the costs of lawyers, bailiffs and collection agencies.
Article 17. Choice of law
Any agreement between Venta and the buyer will be governed by the laws of the Netherlands. The applicability of the Uniform Law on the International Sale of Goods, as well as the applicability of the Vienna Sales Convention, is explicitly excluded.
General Consumer Conditions 2013-Venta Benelux B.V. Dorpstraat 113 – 5504 HC Veldhoven