TERMS AND CONDITIONS
Article 1. Applicability
On all offers, orders and agreements of Wesbers & Albley are to the exclusion of any other terms and conditions these general conditions of sale and delivery apply.
Accepting an offer or placing an order means that you accept the applicability of these conditions.
The provisions of these conditions can only be deviated from in writing, in which case the remaining provisions remain in full force.
All rights and claims, as in these conditions and any further agreements for the benefit of Wesbers & Albley are equally stipulated by Wesbers & Albley intermediaries and other third parties.
Article 2. Offers / agreements
All offers of Wesbers & Albley are non-binding and Wesbers & Albley expressly reserves the right to change prices, especially when required by (statutory) regulations.
An agreement is only concluded after acceptance of your order by Wesbers & Albley. Wesbers & Albley is entitled to refuse orders or certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, Wesbers & Albley informs within five (5) days after receipt of the order.
Products specifically ordered for the customer and not on our site as such are listed, are offered under the mention of a purchase obligation. By ordering these products, you declare that you waive the right of return.
Article 3. Prices and payments
Payment must be made online or by prepayment, unless otherwise agreed in writing, but at the latest within eight (8) days after the invoice or order date.
In case of advance payment by bank or giro, the date of payment is the date of crediting the giro or bank account of Wesbers & Albley.
If the payment term is exceeded, you will be in default from the day that payment should have been made and from that day you will owe default interest of 1% per month or part of a month on the outstanding amount. If payment takes place after a reminder by Wesbers & Albley you will be charged an amount of twenty euros (€ 20, -) in administration costs and if Wesbers & Albley has outsourced the collection of claims, you are also obliged to pay the collection costs, which will be at least fifteen percent (15%) of the open amount, without prejudice to the power of Wesbers & Albley instead of the actually incurred extrajudicial collection costs to claim.
If you are in default with any payment, Wesbers & Albley is entitled (the implementation of) to suspend or dissolve any relevant agreements.
If the prices of the products and services offered increase in the period between the order and its implementation, you are entitled to cancel the order or dissolve the agreement within ten (10) days after notification of the price increase by Wesbers & Albley
Article 4. Delivery
The delivery times given by Wesbers & Albley are only indicative. Exceeding any delivery time does not entitle you to compensation or the right to cancel your order if you do so.
to dissolve the agreement, unless the exceeding of the delivery period is such that you cannot reasonably be expected to maintain the agreement. In that case, you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary.
Cancellation of orders can only after written confirmation from Wesbers & Albley. In case of cancellation of the order by the customer, when the package has already been sent to the customer and is not picked up by him / her, the shipping costs incurred will be recovered from the customer. If the package has not yet been sent, the cancellation of the order is free of charge, unless Article 2.3 applies.
The delivery of the products takes place at the place and time when the products are ready for shipment to you.
Article 5. Retention of title
The ownership of delivered products is only transferred if you have all, that you under any agreement to Wesbers & Albley owe, has met. T
Article 6. Complaints and liability
You are obliged to check whether the products comply with the agreement upon delivery. If this is not the case, bring Wesbers & Albley as soon as possible and in any case within three (3) days after delivery, at least after observation was reasonably possible, in writing and in email.
If it is demonstrated that the products do not comply with the agreement, Wesbers & Albley has the choice to replace the products in question with new products or after sending back the product to us, to refund the invoice value excluding any shipping costs.
If you do not wish to purchase a product for any reason, you have the right to return the product to Wesbers & Albley within seven (7) days of delivery. Returns in this case will only be accepted if the product and its original packaging are undamaged, as follows
You are responsible for returning the goods and the costs of returning them.
Article 7. Orders/Communication
Wesbers & Albley shall not be liable for any misunderstanding, mutilation, delay or incorrect transmission of orders and communications resulting from the use of the Internet or any other means of communication in the traffic between you and Wesbers & Albley, or between Wesbers & Albley and third parties, to the extent related to the relationship between you and Wesbers & Albley, unless and to the extent there is intent or gross negligence on the part of Wesbers & Albley.
Article 8. Force majeure
Without prejudice to its other rights, in case of force majeure the Wesbers & Albley has the right, at its option, to suspend the execution of your order, or dissolve the agreement without judicial intervention, by informing you in writing and without Wesbers & Albley being held to any compensation, unless under the given circumstances to standards of reasonableness and fairness would be unacceptable.
Force majeure shall mean any failure that cannot be attributed to Wesbers & Albley and its agents and third parties because it is not due to its fault and is not covered by law, legal act or generally accepted standards on its behalf.
Article 9. Miscellaneous
If one or more of the provisions of these terms and conditions or any other agreement with Wesbers & Albley may be in conflict with any applicable law, the provision in question will expire and will be replaced by a by Wesbers & Albley to establish new legally permissible similar provision.
Wesbers & Albley is authorized in the execution of your order (s) to make use of third parties.
Article 10. Applicable law and competent court
All rights, obligations, offers, orders and agreements to which these terms and conditions apply are exclusively governed by Dutch law.
All disputes between the parties will exclusively be submitted to the competent court in the Netherlands.