General Terms and Conditions SEZGOODS

TERMS AND CONDITIONS

ARTICLE 1. GENERAL

1.1. These conditions apply to all offers and agreements for the purchase/sale of goods and/or orders and services from SEZGOODS
1.2. Additions or deviations from these conditions must be agreed in writing and only apply to the agreement for which they were made.
1.3. The rights and obligations under agreements between SEZGOODS and the other party cannot be transferred by the other party to third parties, unless with written permission from SEZGOODS

1.4. Different general terms and conditions, including those of the other party, will not be accepted by SEZGOODS, unless otherwise agreed in writing and confirmed by SEZGOODS.

ARTICLE 2. OFFERS

2.1. All offers are without obligation and are valid while supplies last. An offer that contains a term can nevertheless be revoked by SEZGOODS, even after receipt of the order, provided that this is done within 5 working days of receipt of that order.

2.2. Quantities, weights, sizes, prices, etc. stated in price lists or on the internet (website), quotations and other documents are for information purposes only. Although the most important characteristics of products are shown as accurately as possible, they are an approximate indication and do not bind SEZGOODS.

ARTICLE 3. AGREEMENTS

3.1. An agreement is only deemed to have been legally concluded after SEZGOODS has confirmed the order in writing or has started executing the order. The content of the agreement is determined by the quotation and/or order confirmation from SEZGOODS and these general terms and conditions.

3.2. If - after the order has been placed - an additional order is submitted, the originally agreed delivery time will be cancelled.
3.3. The Other Party and SEZGOODS expressly agree that a valid agreement is concluded by using electronic forms of communication as soon as the conditions stated in Articles 3.1 and 3.2 have been met. In particular, the absence of a signature does not detract from the binding force of the offer and its acceptance.

ARTICLE 4. PRICES

4.1. All quotations and prices stated by SEZGOODS are in euros and include VAT and other costs related to the agreement, such as levies.

4.2. Delivery costs are not included in the price unless otherwise stated.
4.3. If the prices of materials, taxes and/or other factors that partly determine the price of the goods change after the conclusion of the agreement, SEZGOODS is entitled to implement these price changes. Price changes of more than 10% give the other party the right to terminate the agreement, provided this is done in writing and within seven days of receipt of the relevant notification. A dissolution as mentioned above does not entitle the other party to compensation for any damage.

ARTICLE 5. PAYMENT

5.1. Orders placed via the website can be paid using the payment options stated on the site. When paying using a credit card or electronic payment method issued by a third party, the terms and conditions of the relevant card issuer or bank apply. Payments by invoice, if expressly agreed, will be made within 14 days after the invoice date.
5.2. The other party is in default after the payment term referred to in paragraph 1 of this article has expired, without notice of default being required, regardless of whether or not the exceeding thereof can be attributed to the other party.
5.3. Without prejudice to its other rights, SEZGOODS is then entitled to charge interest on the outstanding amount of 1.5% per month or part of a month, to be calculated from the relevant due date.

5.4. All extrajudicial and judicial costs incurred by SEZGOODS in the context of a dispute with the other party, both claimant and defendant, will be borne by the other party.

5.5. Incoming payments serve to settle the oldest outstanding items, including interest and costs, even if the other party declares otherwise in this regard.

ARTICLE 6. COOLING-OFF PERIOD, CANCELLATION AND RETURNS FOR PHYSICAL PRODUCTS

6.1. The other party is entitled to a cooling-off period of 30 days after delivery of the physical product if the other party is a consumer and provided that the packaging is not broken. This right also lapses if the products have been put into use. Companies are excluded from this right under the Buying or Distance Act 2001. The other party (consumer) may return a product within the aforementioned period of 30 days.
6.1A. If you would like to make use of the return option, please contact info@sezgoods.nl, mention the order number in the subject of the email and indicate the reason for the return. Depending on the reason for the return, you can return the package with sufficient postage or free of charge.
6.2. Conditions for the right of return: The physical product must not have been used and must still be resalable as new. (Consumer must be able to view and try on the product, but not use it). It must be returned undamaged, complete and in the original packaging.
6.3. If the other party has exercised the right of withdrawal as stated in the previous paragraph and the product is offered to SEZGOODS unused and in the original packaging with any supplied accessories without any damage due to use, then SEZGOODS will ensure reimbursement to the other party within 30 days of receipt.

6.4. In the event of cancellation by companies, all costs incurred by SEZGOODS in connection with the order or assignment as well as the lost profit are immediately due and payable, with a minimum of 10% of the principal sum, all plus as much as necessary with any costs incurred by SEZGOODS as a result of the cancellation damage suffered.

6.5. If the total value of the order after return falls below €150, SEZGOODS is authorized to still charge the shipping costs of €3.95.

ARTICLE 7. DELIVERY TIME, DELIVERY, RISK WITH RESPECT TO PHYSICAL PRODUCTS

7.1. In principle, SEZGOODS strives to ship orders placed before 5:00 PM on a working day the same day. The delivery period stated or agreed in the offer and/or order confirmation is not a strict deadline and is only approximate, even if it has been expressly accepted by the other party.

7.2. In the event that the other party is not found at home at the time of delivery, the goods will be offered again the following day. In both cases, a note will be left stating that the delivery can be collected at the post office.
7.3. Different conditions may apply to deliveries abroad.
7.4. The stated or agreed delivery period will in any case, but not exclusively, be automatically extended by the period(s) during which:
– there is a delay in manufacturing and/or shipping and/or any other circumstance temporarily preventing the execution, regardless of whether this can be attributed to SEZGOODS;

– the other party fails to fulfill one or more obligations towards SEZGOODS or there is a well-founded fear that it will fail to do so, regardless of whether the reasons for this are well-founded or not;

– the other party does not enable SEZGOODS to execute the agreement; This situation occurs, among other things, if the other party fails to communicate the place of delivery.

7.5. The other party must receive and inspect the goods purchased from SEZGOODS (see warranty). If these goods are refused by the other party or delivery proves impossible, the goods will be stored by SEZGOODS, at the expense and risk of the other party. The costs for storage are borne by the other party. SEZGOODS will demand compliance, but reserves the right to terminate the agreement without legal intervention, without prejudice to SEZGOODS' right to compensation.

ARTICLE 8. INTELLECTUAL PROPERTY

8.1 By accepting these General Terms and Conditions, the Other Party expressly acknowledges that all designs, information, images and other content are the Product Property of SEZGOODS and are protected by intellectual property rights, including, but not limited to, copyrights, trademark rights, database rights, neighboring rights, patents and design rights.

8.2 SEZGOODS grants the Other Party a personal, limited, non-exclusive, non-sublicensable, non-transferable right to use SEZGOODS' services and products for strictly personal purposes and under the conditions set out in these General Terms and Conditions.

8.3 After termination of the service (due to expiry of the contract term or due to premature termination by SEZGOODS on the basis of Article 5.3), the Other Party no longer has the right to use the services and products supplied by SEZGOODS. The Other Party's account will then be protected from the Other Party. Products and services delivered during the term of the Other Party remain the property of SEZGOODS, will not be made available to the Other Party after the end of the contract and may not be further distributed by the Other Party.

8.4 If SEZGOODS and a third party establish a license in an Agreement for one or more of SEZGOODS' products or services, this concerns a limited, non-transferable, non-exclusive, non-sublicensable and revocable right to use the relevant products and services. to use.

8.5 The Other Party never has the right to copy, change, make public and/or use designs, images, information and other content of SEZGOODS for direct or indirect commercial purposes, unless this has been expressly agreed otherwise in writing with SEZGOODS.

ARTICLE 9. COMMUNICATION

9.1 Communication between SEZGOODS and the Other Party can take place in different ways, for example through software applications, update notifications or reminders and e-mail.

9.2 The Other Party agrees that SEZGOODS can contact the Other Party, if it deems this necessary, for information about changes or updates to the services.

9.3 The Other Party acknowledges that SEZGOODS may approach him/her for commercial purposes. The Other Party is offered the opportunity to indicate, after an initial approach, that it does not wish to be contacted in the future.

9.4SEZGOODS may delete user communications or other parts of the shared information of either party at any time without further notice, provided that such deletion is justified by the content of these communications.

ARTICLE 10. EXECUTION OF THE AGREEMENT

10.1.SEZGOODS will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

10.2. SEZGOODS is entitled, without the consent of the other party, to outsource the order or parts thereof to or to have it carried out by third parties who are not employed by SEZGOODS.

10.3. The other party shall ensure that all information that SEZGOODS indicates is necessary or of which the other party should reasonably understand that it is necessary for the execution of the agreement, is provided to SEZGOODS in a timely manner. If the information required for the execution of the agreement has not been provided to SEZGOODS in a timely manner, SEZGOODS has the right to suspend the execution of the agreement.

ARTICLE 11. WARRANTY / COMPLAINTS

11.1. SEZGOODS guarantees that all items are suitable and legally permissible for the purpose for which they are intended, and that they conform to the agreed specifications.

11.2. With due observance of what is stated elsewhere in these conditions, SEZGOODS guarantees the soundness and quality of the products it supplies. If a product is unusable due to damage during shipping, or does not correspond to what was ordered, the other party has the option to return this product.

11.3. The guarantees regarding the delivered goods lie with the manufacturer of the goods in question.
11.4. The other party is obliged to read the information and advice from the manufacturer accompanying the products before using the delivered products.
11.5. Advertising is not possible if:
– the delivered goods show one or more imperfections or deviations that fall within a reasonable tolerance;
– the goods have been used for a purpose other than that for which they are normally intended or, in the opinion of SEZGOODS, have been used, stored or transported improperly,

– the damage was caused by negligence of the other party or because the other party acted contrary to instructions, directions and advice from SEZGOODS;

– the other party has not fulfilled its obligations towards SEZGOODS (both financial and otherwise).

11.6. If the other party submits a written complaint within 5 days of receipt, taking into account the provisions of the relevant agreement and these general terms and conditions, and its complaint is found to be well-founded by SEZGOODS, SEZGOODS will, at its option, replace the defective goods (or parts thereof) free of charge (after which the replaced items become its property) or grant a price reduction.

11.7. Processing a complaint does not suspend the payment obligation of the other party.
11.8. If attention is paid to a complaint outside the cases described above, this is entirely optional and the other party cannot derive any rights from this.

ARTICLE 12. INSPECTION

The items are checked by SEZGOODS before delivery. The other party has the right, at its own expense, to inspect the goods before delivery at the time and place determined by SEZGOODS.

ARTICLE 13. NON-PERFORMANCE/TERMINATION/SUSPENSION

13.1.SEZGOODS is entitled to dissolve the agreement in whole or in part with immediate effect, without judicial intervention, or to suspend execution, without prejudice to its other rights (to performance and/or compensation), if:

– the other party acts contrary to any provision of the agreement between the parties;
– the other party dies, applies for a suspension of payments or files a declaration of bankruptcy or the other party is declared bankrupt;
– any assets of the other party are seized;
13.2. The provisions of paragraph 1 of this article apply mutatis mutandis if the other party, after being invited to do so in writing, has not provided appropriate security in the opinion of SEZGOODS within seven days.

ARTICLE 14. RESERVATION OF TITLE

14.1. Cash on delivery takes place under retention of title and after full payment the product becomes the property of the other party.

ARTICLE 15. LIABILITY

15.1. SEZGOODS is not liable for damage arising as a result of any shortcoming in the fulfillment of its obligation(s) towards the other party. Compliance with the obligations under warranty/complaints as described in Article 9 above applies as sole and complete compensation. Any other claim for compensation, on whatever grounds, is excluded, unless there is intent or gross negligence on the part of SEZGOODS or managerial subordinates.

15.2. SEZGOODS is also not liable for intent or (gross) negligence of (non-managerial) subordinates or of others it has engaged in the context of the execution of the agreement.

15.3. SEZGOODS accepts no liability for advice provided by or on behalf of it.

15.4. The other party must always give SEZGOODS the opportunity to settle a complaint, otherwise liability and therefore compensation will lapse.

15.5 SEZGOODS carries out its consultancy work to the best of its insight, expertise and ability. However, this concerns a best efforts obligation. This means that SEZGOODS does not guarantee the success and success of the Other Party through the advice given, nor the extent to which following the advice will bring the Other Party closer to his/her stated goal. SEZGOODS is not liable for unachieved or insufficient results.

15.6 In all cases in which SEZGOODS could possibly be held liable, SEZGOODS' liability is limited to the amount paid out by SEZGOODS' liability insurer in a specific case. In the event that SEZGOODS' liability insurer does not pay out, SEZGOODS' liability is limited to five times the amount charged by SEZGOODS to the Other Party.

ARTICLE 16. FORCE MAJEURE

16.1. Force majeure within the meaning of these general terms and conditions means any circumstance beyond the control and control of SEZGOODS, whether or not foreseeable at the time the agreement was entered into, as a result of which compliance cannot reasonably be expected from SEZGOODS, such as war, government measures , lack of raw materials, factory or transport disruptions of any kind, strikes, exclusion or lack of personnel, quarantine, epidemics, frost delays, shortcomings of third parties engaged by SEZGOODS for the execution of the agreement (as shown late delivery by suppliers), etc.

16.2. Force majeure gives SEZGOODS the right to either terminate the agreement in whole or in part or to suspend the performance of its obligations, without being obliged to pay compensation. The other party remains obliged to pay for the part of the agreement that has already been executed.

ARTICLE 17. PERSONAL DATA

SEZGOODS will only process all data and information from the other party in accordance with its privacy policy.

ARTICLE 18. PARTIAL VOID

If one or more provisions of this agreement with the other party are not or not fully legally valid, the other provisions will remain fully in force. The invalid provisions will be replaced by an appropriate arrangement that comes as close as possible to the intention of the parties and the economic result they seek in a legally effective manner.