Terms and Conditions
Article 1. | Definitions
In these general terms and conditions, the following terms, always stated by capital, are used in the following sense.
Profa Clean, the user of these General Terms and Conditions, located at Industrieweg 7e, 1613 KT Grootebroek, registered in the Trade Register under Chamber of Commerce number 89411269.
Buyer: any natural or legal person with whom Profa Clean has concluded or aims to conclude an agreement.
Consumer: a buyer, natural person, not acting in the exercise of a profession or business.
Parties: Profa Clean and the buyer jointly.
Agreement: every intermediate party and the purchase agreement established with which Profa Clean has, against payment, has committed itself to the delivery of products.
A distance agreement: an agreement that has been concluded between Profa Clean and a consumer in the context of an organized remote sale without simultaneous personal presence of Profa Clean and the consumer and where, up to and including the moment of concluding the agreement, only use of one or more resources for communication at a consumer purchase is established in the event of a consumer purchase. An agreement is thus not an agreement of distance if there is no organized sale system for sale by Profa Clean, for example in the event that the consumer searches the contact details of Profa Clean on the internet or in a telephone book and places an order by telephone.
Products: All goods to be delivered to the buyer to the buyer to be delivered by Profa Clean in the context of the Agreement.
Webshop: www.profaclean.nl
Written: in addition to traditional written communication, communication by e-mail or any other way of communication that can be equated with this with a view to the state of the Technology and the views applicable in socially open.
Article 2. | General provisions
These general terms and conditions apply to and are an integral part of every offer of Profa Clean and every agreement reached between Profa Clean and the buyer.
The possible general terms and conditions of the other party, under whatever name, do not apply to the agreement.
The provisions of these General Terms and Conditions can only be explicitly deviated from and in writing. If and insofar as the provisions of these general terms and conditions deviate from what the parties have expressly agreed in writing from what the parties have explicitly agreed in writing, what the parties have explicitly agreed.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the buyer electronically in such a way that it can be stored in a simple way by the buyer on a sustainable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be taken into account electronically and that they will be sent free of charge electronically or in any other way at the request of the buyer.
Destruction or nullity of one or more of the provisions from these general terms and conditions or the agreement as such, does not affect the validity of the other clauses. In a matter of case, the parties are obliged to enter mutual consultation in order to make a replacement arrangement with regard to the affected clause. The purpose and scope of the original provision are taken into account as much as possible.
Article 3. | Offer and creation of agreements
Every offer from Profa Clean is without obligation, even if a period of acceptance is stated therein. Profa Clean can still revoke his offer until immediately, at least as soon as possible after the buyer acceptance.
Each offer contains such information that it is clear to the buyer what the rights and obligations are attached to the acceptance of the offer.
The buyer cannot derive any rights from a Profa Clean that contains an obvious error or mistake, as well as to an agreement from Profa Clean based on incorrect or incomplete information provided.
Every agreement, without prejudice to the provisions of paragraph 1, is concluded at the moment that the supply of Profa Clean has been accepted by the buyer to the buyer in the manner designated for this purpose by the buyer. In the event that the buyer's order has not preceded him in advance specifically addressed by Profa Clean, the agreement will only be concluded when Profa Clean has confirmed the buyer in writing, as by e-mail.
An order placed by the webshop is, without prejudice to the provisions of paragraph 1, confirmed to the buyer by e-mail as soon as possible by e-mail.
A composite quotation never obliges Profa Clean to fulfill part of the offer at a corresponding part of the specified price.
Profa Clean can, within the legal frameworks, can meet the altitude or the consumer to his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the agreement. If Profa Clean has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
If the buyer concludes the agreement in the name of another natural or legal person, he declares that he is competent by entering into the agreement. In addition to this (legal) person, the buyer is jointly and severally liable for the fulfillment of all obligations arising from that agreement.
Article 4. | Delivery
Delivery of the products takes place in the explicitly agreed place and manner. In the absence of such an appointment, delivery will be made to the delivery address specified by the buyer.
Profa Clean reserves the right to deliver orders in parts. In that case, the Consumer's cooling -off period in connection with the right of dissolution, as referred to in Article 7, applies when the last partial delivery from the order was received by or on behalf of the consumer.
If the agreed delivery period is exceeded, the buyer is, without prejudice to the provisions of default of Profa Clean as referred to in Article 5, to never refuse to receive the products and/or to pay the amount owed by him to Profa Clean by virtue of the agreement.
If the products could not be delivered as a result of a circumstance that the buyer is attributed, Profa Clean is entitled to save the products for the account and risk of the buyer, without prejudice to the buyer's obligation to satisfy the amount due to Profa Clean by him. The costs to be incurred by the buyer as referred to here, such as additional delivery costs and the like, will therefore also be borne by the buyer. The provisions of the above of this paragraph do not affect the fact that the risk of loss and damage to the products only passes to the consumer when the products have been received by or on behalf of the consumer.
In the event that the buyer refuses to take the products ordered or otherwise negligent to receive the products, the buyer will still proceed within a reasonable period of time for receipt of the Products, in the absence of which Profa Clean is authorized to dissolve the agreement, without prejudice to the buyer to satisfy the previous paragraph.
Article 5. Delivery times
Profa Clean makes every effort to comply with the delivery times to which he has committed himself to the buyer. However, these periods can only be regarded as indicative, non-fatal periods. The default of Profa Clean does not occur until after the buyer has given Profa Clean in writing, in which notice of default is stated a reasonable period within which Profa Clean can still fulfill its obligations under the Agreement, and the fulfillment has still not been achieved after the latter's expiry.
If Profa Clean is dependent on data to be provided by the buyer for the implementation of the agreement, the delivery period will not start until after Profa Clean has received this information.
In the event of default of Profa Clean as referred to in paragraph 2, the buyer is entitled to dissolve the agreement for that part to which the default relates, without the buyer claiming more extensive compensation than refund or remission of the agreed price in proportion to the part of the agreement that has been failed as a result of the default.
Article 6. | Research, complaints and conformity
At the time of delivery of the products, the buyer must immediately investigate whether the nature and amount thereof comply with the agreement. If, in the opinion of the buyer, the nature and/or quantity of the products does not comply with the agreement (s) (s), it must immediately be notified to Profa Clean. However, if the products are supplied in simultaneous personal presence of the buyer and Profa Clean, it is deemed that the nature and quantity of the products meet the agreement if the buyer has taken the products.
If the buyer does not complain in time or not in accordance with the provisions of the previous paragraph, there is no obligation for Profa Clean from such a complaint from the buyer.
Profa Clean guarantees that the products meet the agreement and thus have those characteristics that are required for normal use. Any guarantee provided by Profa Clean, manufacturer or importer does not affect the mandatory legal rights and claims that the consumer can assert against Profa Clean.
The provisions of paragraph 1 do not affect the mandatory legal complaint period for consumers, stating that the consumer can no longer appeal that the products will not comply with the agreement in the event that the consumer did not report this to Profa Clean within two months of discovering the defect.
Even if the buyer complains in time, the buyer's obligation will continue to exist for timely payment, without prejudice to the mandatory legal rights of consumers in this regard.
No grounds for complaints and claims based on non-conformity, defects of products have arisen after delivery as a result of an external cause or as a result of another circumstance that is not attributable to Profa Clean. This includes non-limitative, including defects as a result of damage, incorrect custody, use or application in violation of the user regulations and incorrect or improper treatment of the products.
Article 7. | Right of dissolution by distance agreements
Subject to the provisions of the other of this article and in particular the next paragraph, the consumer can dissolve an agreement of distance up to 14 days after receipt of the products, without giving reasons in whole or in part.
The consumer does not belong to the right of dissolution in case of:
- the delivery of products, including all cleaning agents, which are not suitable for being returned for reasons of health protection, safety and/or hygiene and whose seal or direct packaging has been broken after delivery;
- A consumer purchase in respect of which the right of dissolution is also excluded by virtue of Section 6.5.2b of the Dutch Civil Code or does not apply.
The consumer can dissolve the distance agreement by submitting a request for cancellation form for cancellation form by e-mail or by using the model form offered by Profa Clean with Profa Clean. As soon as possible after Profa Clean has been informed of the intention of the consumer to terminate the distance agreement and if the conditions of this article have been met, Profa Clean will confirm the dissolution of the distance agreement by e-mail.
During the period as referred to in paragraph 1, the consumer must carefully handle the products to be returned and the packaging thereof. The consumer may only use and inspect the products to be returned to the extent necessary to assess the nature and characteristics of the products. The starting point here is that the consumer can only use and inspect the products as he could do in a physical store.
If the consumer uses the right of dissolution, he will return the products undamaged, with all supplied accessories and in the original condition and packaging to Profa Clean. Shipping is for the account of the buyer.
The consumer is liable for value reduction of the products that is the result of a way of dealing with the products that goes beyond that is permitted under paragraph 4. Profa Clean is entitled to charge the consumer to the consumer, whether or not to settle it with the possible payment already received from the consumer.
Return of the products must take place within 14 days after the consumer has dissolved the distance agreement in accordance with the provisions of paragraph 3.
If the consumer uses the right of dissolution, the costs of returning the products will be borne by the consumer.
Profa Clean will pay back payments already received from the consumer with regard to the part of the order that is returned, minus the possible reduction, but no later than 14 days after termination of the distance agreement to the consumer, provided that the products have been returned by Profa Clean or have been shown by the consumer.
If the right of dissolution is only applied with regard to part of the order, the possible delivery costs paid by the consumer at first instance will not be eligible for a refund. Furthermore, Profa Clean is not obliged to repay the additional costs if the consumer has explicitly opted for a way other than the least expensive method of standard delivery offered by Profa Clean.
The conditions mentioned under this article only apply to the buyer who exercises this right as a consumer.
Article 8. | FORCE MAJEUR
Profa Clean is not obliged to fulfill any obligation under the Agreement if and for as long as he is hindered by a circumstance that cannot be attributed to him under the law, a legal act or in society.
If the force majeure situation makes fulfillment of the agreement permanently impossible, the parties are entitled to terminate the agreement with immediate effect.
If Profa Clean has already partially met his delivery obligations at the occurrence of the force majeure, or can only partially meet his delivery obligations, he is entitled to claim compensation of the part of the Agreement that has already been delivered and still to be delivered.
Damage as a result of force majeure, without prejudice to the application of the previous paragraph, will never be eligible for reimbursement.
Article 9. Prices, costs and payments
Unless Proba Clean is explicitly stated otherwise, all prices stated by Profa Clean include VAT, as well as the provisions of the following paragraph, excluding any delivery costs, on the understanding that before an agreement with a consumer is concluded, the total price is stated, including VAT and any delivery costs.
Payment must be made on one of the payment methods designated for this purpose by Profa Clean, within the term or stated by Profa Clean. In the event of prepayment, Profa Clean is not obliged to implement the agreement earlier than after the buyer has fully fulfilled his payment obligations under the agreement.
In that timely payment, the buyer's absence of the buyer takes effect by operation of law. From the day that the buyer's default occurs, the buyer owes an interest of 2% per month on the outstanding amount, whereby part of a month is considered as a full month. Contrary to the previous sentence, instead of the contractual interest referred to there, the statutory interest, if the buyer acts in the capacity of the consumer.
All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the buyer to Profa Clean, will be borne by the buyer.
The prices as stated on the Profa Clean website are used subject to apparent errors or mistakes on the Seller, such as typos. The seller has the right to inform the buyer for delivery or acceptance about price errors. In the case of a price error, the seller has the right to cancel the order and, as a result, a possible agreement has not been concluded.
Article 10. | Liability and indemnification
Subject to the provisions of Articles 6.1 to 6.5, Profa Clean is no longer liable after delivery for defects of the delivered goods. In particular, Profa Clean is not liable for damage caused by a circumstance as referred to in Article 6.6.
Profa Clean never bears any liability for damage in connection with or damage caused by an inaccuracy or incompleteness in the data provided by the buyer, another shortcoming in the fulfillment of the obligations of the buyer that arises from the law or the agreement or another circumstance that cannot be attributed to Profa Clean.
Profa Clean is never liable for indirect damage, including loss suffered, lost profit, personal injury and damage as a result of business interruption.
If, despite the provisions of these general terms and conditions, Profa Clean is liable for any damage, then Profa Clean has the right to repair this damage at all times. The buyer must give Profa Clean the opportunity to do this, in the absence of which any liability of Profa Clean will fall in the matter.
The liability of Profa Clean is limited to at most the invoice value of the agreement, at least to that part of the agreement to which the liability of Profa Clean relates, on the understanding that the liability of Profa Clean will never run more than the amount that is paid by Profa Clean with the possible risk of Profa actually Cone Under that insurance applies.
The limitation period of all legal claims and defenses towards Profa Clean is a year. Contrary to the previous sentence, the claims and defenses that are based on facts that would justify the statement that a consumer purchase does not comply with the agreement are due to the course of two years.
The buyer indemnifies Profa Clean of any claims from third parties who suffer damage in connection with the execution of the agreement and whose cause is attributable to (a) other (s) than Profa Clean. If Profa Clean might be addressed by third parties for this reason, the buyer is kept to assist Profa Clean both outside and in law and to do everything that can be reasonably expected of him in that case. If the buyer fails to take adequate measures, then Profa Clean, without notice of default, is entitled to do so. All costs and damage on the part of Profa Clean and third parties arise as a result, are integrally for the account and risk of the buyer.
In the event of a consumer purchase, the restrictions from this article do not extend further than is permitted pursuant to Section 7:24 paragraph 2 of the Dutch Civil Code.
Article 11. | General Complaints Policy
Complaints with regard to the implementation of the agreement must, without prejudice to the provisions of Article 6, within a reasonable time after the buyer gave the grounds that gave rise to the complaint, to be submitted in full and clearly defined, in writing to Profa Clean.
Complaints submitted to Profa Clean will be answered within a period of 14 days after receipt thereof. If a complaint requires a longer processing time, within the period of 14 days it will be answered with a confirmation of receipt and an indication of when the buyer can expect a more detailed answer.
If the complaint, in the context of a distance agreement, cannot be resolved in mutual consultation, the consumer can submit the dispute to the Disputes Committee via the ODR platform (Europe.eu/consumers/odr/).
Article 12. | Final provisions
All products delivered to the buyer remain the property of Profa Clean until the buyer has fulfilled all his payment obligations under the agreement.
Profa Clean is not liable for damage to people or material, of any kind. The buyer / user must carefully read the label of the product and to follow the instructions mentioned on them. Safety magazines of Profa Clean products can be requested by e -mail.
Dutch law applies exclusively to every agreement and all legal relationships arising from it between the parties.
The parties will not rely on the courts before after they have made an optimal effort to settle the dispute in mutual consultation.
Insofar as the law does not deviate from the given circumstances of the case, only the competent court within the district of the PROFA Clean location is designated to take cognizance of any judicial disputes between the parties.