Terms and Conditions

Introduction Below you will find our General Terms and Conditions. These always apply when you use or place an order through our Website and contain important information for you as a buyer. Please read the General Terms and Conditions carefully. We further recommend that you save or print these terms so you can review them at a later time.

Article 1. Applicability of General Terms and Conditions

• 1.1. All offers, contracts and deliveries of Bendur BV are subject to these General Terms and Conditions, unless explicitly agreed otherwise in writing.
• 1.2. If Customer includes provisions or conditions in his order, confirmation or communication constituting acceptance that differ from, or are not included in, the General Terms and Conditions, these are binding for Bendur BV only if and insofar as they have been expressly accepted by Bendur BV in writing.
• 1.3. In the event that specific product or service conditions are also applicable in addition to these General Terms and Conditions, those conditions shall also apply, but in the event of conflicting conditions, the Customer may always rely on the applicable provision that is most favorable to him.

Article 2. Prices and information

• 2.1. All prices mentioned on the Website and in other materials from Bendur BV include VAT and, unless otherwise stated on the Website, other levies imposed by the government.
• 2.2. If shipping costs are charged, this will be clearly stated in time before the Agreement is concluded. These costs will also be displayed separately during the ordering process.
• 2.3. The content of the Website is compiled with the utmost care. However, Bendur BV cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials from Bendur BV are therefore subject to obvious programming and typing errors.
• 2.4. Bendur BV cannot be held responsible for (color) deviations due to screen quality.

Article 3. Formation of Agreement

• 3.1. The Agreement is concluded at the moment of acceptance by the Customer of the offer from Bendur BV and the fulfillment of the conditions set by Bendur BV.
• 3.2. If the Customer has accepted the offer electronically, Bendur BV will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
• 3.3. If it appears that incorrect data were provided by the Customer at the time of acceptance or otherwise entering into the Agreement, Bendur BV has the right to fulfill its obligation only after the correct data has been received.
• 3.4. Bendur BV may within legal frameworks inform itself whether the Customer can meet his payment obligations, as well as all those facts and factors that are important to responsibly enter into the Agreement. If Bendur BV on the basis of this investigation has good reasons not to enter into the Agreement, it is entitled to refuse an order or request or to attach special conditions to the execution, such as prepayment.

Article 4. Registration

• 4.1. To make optimal use of the Website, the Customer can register via the registration form/ the account sign-up option on the Website.
• 4.2. During the registration process, the Customer chooses a username and password with which he can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.
• 4.3. The Customer must keep his login details, his username and password strictly confidential. Bendur BV is not liable for misuse of the login details and may always assume that a Customer who logs on to the Website is actually that Customer. All actions performed through the Customer's account are under the responsibility and risk of the Customer.
• 4.4. If the Customer knows or suspects that his login details have fallen into the hands of unauthorized persons, he must change his password as soon as possible and/or notify Bendur BV so that appropriate measures can be taken.

Article 5. Execution of Agreement

• 5.1. As soon as the order is received by Bendur BV, Bendur BV will send the products as soon as possible with due observance of the stipulated in paragraph 3 of this Article.
• 5.2. Bendur BV is entitled to engage third parties in the performance of the obligations arising from the Agreement.
• 5.3. The delivery period is in principle 7. The method of delivery can take place in different ways and is at the discretion of Bendur BV.
• 5.4. If Bendur BV cannot deliver the products within the agreed term, it will notify the Customer thereof. In that case, the Customer can agree with a new delivery date or he has the option to dissolve the Agreement without costs.
• 5.5. Bendur BV advises the Customer to inspect the delivered products and to report any defects within a competent time, preferably in writing. See further the Article concerning warranty and conformity.
• 5.6. As soon as the products to be delivered have been delivered at the specified delivery address, the risk where these products are concerned passes to the Customer. If expressly agreed otherwise, the risk is transferred to the Customer earlier. If the Customer decides to collect the products, the risk passes upon transfer of the products.
• 5.7. Bendur BV is entitled to deliver a similar product of similar quality as the ordered product if the ordered product is no longer available. The Customer is then entitled to dissolve the Agreement without costs and return the product without cost.

Article 6. Right of Withdrawal

• 6.1. This article is only applicable to the Customer being a natural person who is not acting in the exercise of his profession or business.
• 6.2. The Customer has the right to dissolve the remotely concluded Agreement with Bendur BV within 14 days after receiving the product, without stating reasons, without cost.
• 6.3. The period starts on the day after the Customer, or a third party designated by him, who is not the carrier, has received the product, or:

• if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
• if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
• in case of agreements for regular delivery of products during a defined period: the day on which the Customer, or a third party designated by him, has received the first product.

• 6.4. Only the direct costs for the return shipment are for the account of the Customer. Therefore, the Customer must bear the return costs. If these costs are higher than the regular postal tariff, Bendur BV provides an estimate of these costs. Any costs paid by the Customer for shipping and payment of the product to the Customer will be reimbursed to the Customer upon return of the entire order.
• 6.5. Within the period mentioned in paragraph 1, the Customer will handle the product and the packaging carefully. The Customer may only open the packaging and use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The principle here is that this inspection should not go further than one would be able to in a physical store.
• 6.6. The Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond allowed in the previous paragraph.
• 6.7. The Customer can dissolve the Agreement according to the term mentioned in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Bendur BV, or by making it known in another unequivocal way to Bendur BV that he wishes to withdraw from the purchase. Bendur BV confirms the receipt of that notification in case of a digital report. After dissolution, the Customer has 14 days to return the product. It is also possible to send the product back directly within the bedenk term stated in paragraph 1 of this Article, provided that the model withdrawal form or other unequivocal statement for withdrawal is included.

  Products can be returned to:

  Return address

  Bendur BV, Vaarselstraat 10a, 5711 RE, Someren, The Netherlands

• 6.8. Amounts already paid by the Customer (in advance) will be reimbursed to the Customer as soon as possible, but no later than 14 days after dissolution of the Agreement, in the same way as the Customer made the order. If the Customer has chosen a more expensive method of delivery than the cheapest standard delivery, Bendur BV does not have to refund the additional costs for the more expensive method. Unless Bendur BV offers to pick up the product itself, Bendur BV may wait to refund until Bendur BV has received the product or until the Customer demonstrates that he has returned the product, whichever is earlier.
• 6.9. On the Website, clear and timely information about whether or not the right of withdrawal is applicable and an optional desired procedure is stated before the Agreement is concluded.
• 6.10. The right of withdrawal does not apply to:

• Products that have been created by the entrepreneur according to the Customer's specifications;

Article 7. Payment

• 7.1. The Customer must make payments to Bendur BV according to the payment methods indicated in the ordering process and possibly on the Website. Bendur BV is free to choose the payment methods offered and these may also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting the day after delivery.
• 7.2. If the Customer does not meet his payment obligations on time, he is, after having been informed by Bendur BV of the late payment and Bendur BV has given the Customer 14 days to meet his payment obligations, liable for the legal interest on the amount still due and Bendur BV is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000 with a minimum of €40. Bendur BV may deviate from the mentioned amounts and percentages in favor of the Customer.

Article 8. Warranty and Conformity

• 8.1. This article is only applicable if there is a Customer who does not act in the exercise of his profession or business. If Bendur BV provides a separate warranty on the products, notwithstanding the just stated, this applies to all types of Customers.
• 8.2. Bendur BV ensures that the products comply with the Agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing at the date of the conclusion of the Agreement. If specifically agreed, Bendur BV also ensures that the product is suitable for other than normal use.
• 8.3. If the delivered product does not comply with the Agreement, the Customer must notify Bendur BV within a reasonable time after discovering the defect.
• 8.4. If Bendur BV finds the complaint to be justified, the relevant products will be repaired, replaced, or refunded after consultation with the Customer. The maximum compensation is, taking into account the Article on liability, equal to the price paid by the Customer for the product.

Article 9. Warranty in Business Purchases

• 9.1. Bendur BV ensures that the products comply with the Agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing at the date of the conclusion of the Agreement. If specifically agreed, Bendur BV also ensures that the product is suitable for other than normal use. Otherwise, it is assumed that the product is suitable for normal use.
• 9.2. If the delivered product does not comply with the Agreement at the time of delivery, the Customer must inform Bendur BV within at most 5 days after delivery. If the Customer fails to do this, he can no longer claim repair, replacement, etc., if the product was delivered defective.
• 9.3. If Bendur BV finds the complaint to be justified, the relevant products will be repaired, replaced, or (partly) refunded after consultation with the Customer.

Article 10. Complaints Procedure

• 10.1. If the Customer has a complaint about a product (according to the Article on warranty and conformity) and/or other aspects of the service of Bendur BV, he can submit a complaint to Bendur BV by phone, by email, or by mail. See the contact details at the bottom of the General Terms and Conditions.
• 10.2. Bendur BV will give the Customer a response to his complaint as soon as possible, but in any case within 5 days after receipt of the complaint. If it is not yet possible to provide a substantive or final response, Bendur BV will confirm the complaint within 5 days after the receipt of the complaint and provide an indication of the period within which they expect to provide a substantive or definitive response to the complaint of the Customer.
• 10.3. A Customer who does not act in the exercise of his profession or business can also submit a complaint via the European dispute resolution platform, accessible at http://ec.europa.eu/odr/.

Article 11. Liability

• 11.1. This Article is only applicable if the Customer is a natural person or legal entity who acts in the exercise of his profession or business.
• 11.2. The total liability of Bendur BV towards the Customer due to an attributable failure to perform the Agreement is limited to compensation up to the maximum of the price stipulated for that Agreement (including VAT).
• 11.3. Liability of Bendur BV towards the Customer for indirect damage, including – but not exclusively – consequential damage, lost profit, missed savings, loss of data and damage due to business stagnation, is excluded.
• 11.4. Apart from the cases mentioned in the previous two paragraphs of this Article, Bendur BV is not liable to the Customer for any damages, regardless of the ground on which an action for compensation would be based. However, the limitations mentioned in this Article do not apply if and insofar as damage is the result of intent or gross negligence of Bendur BV.
• 11.5. Liability of Bendur BV towards the Customer due to an attributable failure to perform an Agreement only arises if the Customer promptly and properly notifies Bendur BV in writing, stipulating a reasonable period for the rectification of the failure, and Bendur BV also fails to fulfill its obligations after this period. The notice of default must contain as detailed a description of the failure as possible, so that Bendur BV is able to respond adequately.
• 11.6. A condition for the entitlement to compensation is always that the Customer reports the damage to Bendur BV in writing as soon as possible, but no later than 30 days after its occurrence.
• 11.7. In the event of force majeure, Bendur BV is not obliged to compensate any resulting damage to the Customer.

Article 12. Retention of Title in Business Purchases

• 12.1. As long as the Business Customer has not made full payment for the entire agreed amount, all goods delivered remain the property of Bendur BV.

Article 13. Personal Data

• 13.1. Bendur BV processes the personal data of the Customer according to the privacy statement published on the Website.

Article 14. Final Provisions

• 14.1. Dutch law applies to the Agreement.
• 14.2. As far as mandatory rules of law do not prescribe otherwise, all disputes that may arise in connection with the Agreement will be submitted to the competent Dutch court in the district where Bendur BV is located.
• 14.3. If a provision in these General Terms and Conditions is found to be null and void, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will establish (a) new provision(s) as a replacement, which, as far as legally possible, reflect the intent of the original provision.
• 14.4. In these General Terms and Conditions, "in writing" also includes communication by email and fax, provided the identity of the sender and the integrity of the email are sufficiently established.

Contact details If you have any questions, complaints, or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by email.