Terms and Conditions

 

General Terms and Conditions Beflexx, located at De Scheper 254, 5688 HP, in Oirschot, registered with the Chamber of Commerce in Eindhoven under number 52005100.

 

1. Definitions

In these General Terms and Conditions, the following terms are used in the following sense, unless explicitly stated otherwise.

General Terms and Conditions: The general terms and conditions as stated below.

 

Beflexx: Beflexx, registered at the Chamber of Commerce in Eindhoven under number 52005100. Tax number is NL850259290B01.

 

Service: All activities, in whatever form, that Beflexx has performed for or for the benefit of the Other Party.

 

Remote services: The agreement between the other party and Beflexx, whereby, within the framework of a system for remote services organized by Beflexx, only one or more techniques for distance communication are used until the conclusion of the agreement, such as a website, telephone or other means of communication.

 

Fee: The financial compensation that has been agreed with the Other Party for the performance of the assignment.

 

Assignment: The contract for services.

 

Agreement: Any agreement concluded between Beflexx and the other party.

 

Product: All matters that are the subject of the agreement concluded between the Other Party and

Beflexx.

 

Voucher: A voucher that complies with the security features, of which the

The other party acquires the product and / or the service is provided without payment.

 

Other party: The person who has accepted these general terms and conditions and who has purchased the product and / or has ordered the service to be performed.

 

2. Acceptance of the Terms of Use

By accessing or using this document, you explicitly accept the Terms and Conditions and any terms contained or referenced herein or any additional terms. If you do NOT agree to all of these Terms and Conditions, you must report this prior to any agreement between you and Beflexx.

 

3. Scope

These General Terms and Conditions apply to every offer, quotation and Agreement concluded between Beflexx and the Other Party, unless the parties have explicitly deviated from these General Terms and Conditions in writing.

 

These General Terms and Conditions also apply to agreements with Beflexx, for the implementation in which third parties must be involved.

 

The applicability of any purchase or other General Terms and Conditions of the Other Party is expressly rejected.

 

If it appears that one or more provisions of these General Terms and Conditions are null and void or voidable, the General Terms and Conditions will remain in force for everything else. In the event of this situation, Beflexx and the Other Party will enter into consultation with the aim of agreeing new provisions to replace the invalid or voided provisions.

 

Deviations from the Agreement and General Terms and Conditions are only valid if they have been expressly agreed in writing with Beflexx.

 

4. Offers and / or quotations

Offers and / or quotations are (preferably) made in writing and / or electronically, unless urgent circumstances make this impossible.

 

All offers and / or quotations from Beflexx are without obligation, unless a period for acceptance has been set in the offer and / or quotation. If a period for acceptance has been set in the offer and / or quotation, the offer and / or quotation will lapse when this period has expired.

 

Beflexx cannot be held to its offers and / or quotations if the Counterparty should have understood, in terms of reasonableness and fairness and generally accepted views in society, that the offer and / or offer or part thereof is an obvious mistake or contains an error.

 

If the acceptance deviates, whether or not on minor points, from the offer included in the offer and / or quotation, Beflexx is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless Beflexx indicates otherwise.

 

A composite quotation does not oblige Beflexx to deliver part of the goods included in the offer and / or quotation and / or to perform part of the Assignment at a corresponding part of the stated price.

 

Offers and / or quotations do not automatically apply to future orders or repeat orders.

 

5. Conclusion of the agreement

The Agreement is concluded by acceptance by the Other Party of Beflexx's offer and / or quotation.

 

6. Duration of the agreement

The Agreement is entered into for an indefinite period of time, unless the nature of the Agreement dictates otherwise or if the parties have explicitly agreed otherwise in writing.

 

7. Change agreement

If during the execution of the Agreement it appears that for a proper execution it is necessary to change or supplement the Agreement, Beflexx will inform the Other Party of this as soon as possible. The parties will then proceed to amend the Agreement in time and in mutual consultation.

 

If the parties agree that the Agreement will be amended or supplemented, the time of completion of the performance may be affected. Beflexx will inform the Other Party of this as soon as possible.

 

If the change or addition to the Agreement will have financial, quantitative and / or qualitative consequences, Beflexx will inform the Other Party about this in advance.

 

If a fixed Fee, price and / or rate has been agreed, Beflexx will indicate to what extent the change or supplement to the Agreement will affect the price. Beflexx will try to make a quotation in advance as far as possible.

 

Beflexx will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to Beflexx.

 

Changes in the originally concluded Agreement between the Other Party and Beflexx are only valid from the moment that these changes have been accepted by both parties through an additional or amended Agreement.

 

8. Execution of the agreement

Beflexx will execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

 

Beflexx has the right to have certain work done by third parties. The application of Articles 7: 404, 7: 407 paragraph 2 and 7: 409 of the Civil Code is expressly excluded.

 

Beflexx has the right to execute the Agreement in phases.

 

If the Agreement is executed in phases, Beflexx has the right to invoice each executed part separately and to demand payment for this. If and as long as this invoice is not paid by the Other Party, Beflexx is not obliged to perform the next phase and has the right to suspend the Agreement.

 

If the Agreement is executed in phases, Beflexx has the right to suspend the implementation of those parts that belong to the next phase or phases until the Other Party has approved the results of the preceding phase in writing.

 

The Other Party will provide Beflexx in a timely manner with all information or instructions that are necessary for the execution of the Agreement or which the Other Party should reasonably understand to be necessary for the execution of the Agreement.

 

If the previous information and instructions are not provided or are not provided in time, Beflexx has the right to suspend the execution of the Agreement. The additional costs incurred by the delay are for the account of the Other Party.

 

Beflexx is not liable for damage of any kind, because Beflexx has based on incorrect and / or incomplete information provided by the Other Party, unless Beflexx should have been aware of this inaccuracy or incompleteness.

 

9. Prices and rates

The prices and rates are expressed in euros, exclusive of VAT and other government levies, unless stated otherwise.

 

The prices and rates are exclusive of travel, accommodation, packaging, delivery or shipping costs and administration costs, unless stated otherwise.

 

Beflexx will provide the Counterparty with a statement or provide information on the basis of which these costs can be calculated by the Counterparty in good time before the Agreement is concluded.

 

10. Changes to fees, prices, rates

If Beflexx agrees a fixed Fee, price or rate at the conclusion of the Agreement, Beflexx is entitled to increase this, even if the Fee, price or rate was not originally given with reservation.

 

If Beflexx intends to change the Fee, price or rate, it will inform the Other Party of this as soon as possible.

 

If the increase of the Fee, price or rate takes place within three months after the conclusion of the Agreement, the Other Party can dissolve the Agreement by written statement, unless:

the increase arises from a power or an obligation on the Other Party under the law;
Beflexx is still prepared to execute the Agreement on the basis of the originally agreed upon;
it is stipulated that the delivery will take place longer than three months after the purchase.

The Other Party is entitled to dissolve the Agreement if the Fee, price or rate is increased more than three months after the conclusion of the Agreement, unless it has been stipulated in the Agreement that delivery will take place more than three months after the purchase.

 

Beflexx will inform the Other Party in the event of an intention to increase the Fee, price or rate. Beflexx will state the size of and the date on which the increase will start.

 

11. Delivery

Delivery takes place because the goods are placed under the control of the Other Party. After delivery, the risk of the item transfers to the Other Party.

 

The Other Party is obliged to take delivery of the purchased goods at the moment at which they are handed over to him, unless this entails serious objections or unreasonable costs.

 

If at the place of delivery the Other Party refuses to accept the item or is negligent in providing information or instructions that are necessary for the delivery, the goods intended for delivery will be stored at the Other Party's risk and expense, after Beflexx has informed the Other Party of this.

 

12. Delivery times

Delivery will take place within a period specified by Beflexx.

 

If a term has been agreed or stated for the delivery of the item, then this term is only indicative and can never be regarded as a strict deadline.

 

If Beflexx needs information or instructions from the Other Party that are necessary for the delivery, the delivery time starts after the Other Party has provided these to Beflexx.

If the delivery term is exceeded, the Other Party must give Beflexx notice of default in writing, whereby Beflexx is still offered a reasonable term to deliver the item.

 

A notice of default is not necessary if the delivery has become permanently impossible or it has otherwise become apparent that Beflexx will not fulfill its obligations under the Agreement. If Beflexx does not deliver within this period, the Other Party has the right to dissolve the Agreement without judicial intervention and / or to demand compensation.

 

13. Implementation periods

The activities will be carried out within a period specified by Beflexx.

 

14. Transfer of risk

The goods that are the subject of the Agreement are for the account and risk of Beflexx until the moment of bringing the goods into power of the Other Party.

 

The risk of loss, damage or depreciation of items that are the subject of the Agreement, transfers to the Other Party at the time when items are brought under the control of the Other Party or a third party to be designated by the Other Party.

 

15. Payment

Payment takes place by means of a deposit or transfer to a bank or giro account designated by Beflexx at the time of the purchase or delivery, unless agreed otherwise.

 

Payment can be made before or afterwards.

 

Payment afterwards must be made within 30 days after the invoice date, in a manner to be indicated by Beflexx and in the currency in which it was invoiced, unless agreed otherwise.

 

Beflexx is entitled to declare the work performed in the preceding period to the Other Party. Invoices are made per 1 month.

 

Beflexx and the Other Party can agree that payment in installments is made in proportion to the progress of the work. If payment in installments has been agreed, the Other Party must pay in accordance with the installments and percentages as laid down in the Agreement.

 

Objections to the amount of the invoice do not suspend the payment obligation.

 

In the event of bankruptcy, moratorium or receivership, the claims of Beflexx and the obligations of the Other Party towards Beflexx are immediately due and payable.

 

Beflexx can, without being in default, refuse an offer for payment if the Other Party designates a different sequence for the allocation. Beflexx can refuse full payment of the principal sum, if the vacant and accrued interest and collection costs are not also paid.

 

Beflexx has the right to extend the payments made by the Other Party. Beflexx has the right to have the payments go first of all to reduce the costs, then to reduce the interest still due and finally to reduce the principal and accrued interest.

 

16. Collection costs

If the Other Party is in default or omission in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party. In any case, the Other Party owes collection costs. The collection costs are calculated in accordance with the collection rate as advised by the Dutch Bar Association in collection cases.

 

If Beflexx demonstrates that it has incurred higher costs, which were reasonably necessary, these will also be eligible for reimbursement.

 

Any reasonable judicial and execution costs incurred will also be borne by the Other Party.

 

17. Voucher

A Voucher can only be outsourced at Beflexx.

 

The Other Party must carefully store a Voucher. No compensation will be paid in the event of theft or loss.

 

A Voucher is valid for 1 year after issue, unless stated otherwise.

Vouchers cannot be returned or exchanged for money.

 

In case of Distance Purchase, vouchers can be returned within seven days. After this period, vouchers cannot be returned or exchanged for cash.

 

In case of Remote Services, vouchers can be returned within seven days. After this period, vouchers cannot be returned or exchanged for cash.

 

18. Retention of title

All goods delivered by Beflexx in the context of the Agreement remain the property of Beflexx until the Other Party has properly fulfilled and fully paid what it owes under the Agreement.

 

The owed also includes: the reimbursement of all costs and interest, including earlier and later deliveries and services provided, as well as claims for damages for failure to perform.

 

As long as the ownership of the delivered goods has not been transferred to the Other Party, it may not resell, pledge or otherwise encumber what falls under the retention of title, except within the normal course of its business.

 

19. Suspension

If the Other Party does not, not fully or timely fulfill an obligation under the Agreement, Beflexx has the right to suspend the fulfillment of the corresponding obligation. In the event of partial or improper fulfillment, suspension is only permitted insofar as the shortcoming justifies this.

 

Furthermore, Beflexx is authorized to suspend the fulfillment of the obligations if:

after the conclusion of the Agreement, Beflexx has come to know circumstances that give good reason to fear that the Other Party will not fulfill its obligations;
at the conclusion of the Agreement the Other Party was requested to provide security for the fulfillment of its obligations under the Agreement and this security is not provided or is insufficient;
circumstances arise which are of such a nature that fulfillment of the Agreement is impossible or that unaltered maintenance of the Agreement cannot reasonably be expected of Beflexx.

Beflexx reserves the right to claim damages.

 

20. Dissolution

If the Other Party does not, not fully, not timely or properly fulfill an obligation under the Agreement, Beflexx is entitled to dissolve the Agreement with immediate effect, unless the shortcoming does not justify termination due to its minor significance.

 

Furthermore, Beflexx is authorized to dissolve the Agreement with immediate effect if:

after the conclusion of the Agreement, Beflexx has come to know circumstances that give good reason to fear that the Other Party will not fulfill its obligations; at the conclusion of the Agreement, the Other Party has been requested to provide security for the fulfillment of its obligations under the Agreement and this security is not provided or is insufficient;
due to the delay on the part of the Other Party, Beflexx can no longer be required to fulfill the Agreement under the originally agreed conditions;
circumstances arise which are of such a nature that fulfillment of the agreement is impossible or that unaltered maintenance of the agreement cannot reasonably be expected of Beflexx;
the Counterparty is declared bankrupt, submits a request for suspension of payment, requests that natural persons debt restructuring be applied, is confronted with a seizure of all or part of its property;
the Counterparty is placed under guardianship;
the Other Party dies.

Dissolution takes place through written notification without judicial intervention.

 

If the Agreement is dissolved, the claims of Beflexx on the Other Party are immediately due and payable.

 

If Beflexx dissolves the agreement on the basis of the previous grounds, Beflexx is not liable for any costs or compensation.

 

If the dissolution is attributable to the Other Party, Beflexx has the right to claim compensation for damage that has arisen indirectly or directly as a result thereof.

 

21. Force Majeure

A shortcoming cannot be attributed to Beflexx or the Other Party, as the shortcoming is not due to his fault, nor is it for the account of law, legal act or prevailing views. In this case, the parties are also not obliged to fulfill the obligations arising from the Agreement.

 

In these General Terms and Conditions, force majeure means, in addition to what is understood in that area in law and case law, all external causes, foreseen or not foreseen, on which Beflexx cannot exert influence and as a result of which Beflexx is unable to fulfill its obligations. .

 

Circumstances leading to force majeure include: strike, exclusion, fire, water damage, natural disasters or other external calamities, mobilization, war, traffic barriers, blockades, import or export barriers or other government measures, stagnation or delay in the supply of raw materials or machine parts. , lack of manpower, as well as any circumstances that obstruct normal business operations, as a result of which Beflexx may not reasonably be expected to fulfill Beflexx's performance of the Agreement.

 

Beflexx also has the right to invoke force majeure if the circumstance that prevents (further) compliance with the Agreement occurs after Beflexx should have fulfilled its obligation.

 

In the event of force majeure, the parties are not obliged to continue the Agreement, nor are they obliged to pay any compensation.

 

Both Beflexx and the Other Party can suspend all or part of the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than 2 months, both parties are entitled to dissolve the Agreement with immediate effect, by means of written notification, without judicial intervention, without the parties being able to claim any compensation.

 

If the situation of force majeure is temporary, Beflexx reserves the right to suspend the agreed performance for the duration of the force majeure situation. In case of permanent force majeure, both parties are entitled to dissolve the Agreement out of court.

 

If Beflexx has already partially fulfilled or will be able to fulfill its obligations under the Agreement at the time of the occurrence of force majeure, and the part fulfilled or to be fulfilled has independent value, Beflexx is entitled to separate the part already fulfilled or to be fulfilled. to invoice. The Other Party is obliged to pay this invoice as if it were a separate Agreement.

 

22. Guarantees

Beflexx guarantees to repair the Device free of charge with new or refurbished parts for a period of 2 years after the dates of the first purchase. No money refunds. Excluded are the following parts that should normally be replaced:

• dust bags
• engine filter
• brush accessories
• stretch vacuum cleaner hose  

Warranty is only given to the original purchaser. Proof of purchase or other proof of date of original purchase is required before warranty is given.

 

Beflexx guarantees that the delivered goods comply with the agreement. Beflexx also guarantees that the goods delivered meet the usual requirements and standards that can reasonably be set for them and that the goods have properties that, taking all circumstances into account, are necessary for normal use.

 

Beflexx guarantees that the work performed by it will comply with the agreement and will be carried out with good workmanship and using proper material.

 

The warranty specified in these Terms and Conditions applies to use within Europe and North America (United States and Canada).

 

If the delivered item has been produced by a third party, the guarantee provided by this third party applies, unless stated otherwise.

 

If the delivered Product and / or the Service provided does not meet the warranty, Beflexx will, after mentioning this, proceed to a free replacement or repair within a reasonable period.

 

When the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, are for the account of the Other Party.

 

Any form of warranty lapses if a defect has arisen as a result of improper use or lack of care, or if it is the result of changes that the Other Party or third parties have made to the delivered goods. Nor does Beflexx guarantee any damage that may arise as a result of these defects.

 

The warranty also lapses if the defect is caused by or is the result of circumstances beyond Beflexx's control. These conditions include weather conditions.

 

23. Research and advertising

The Other Party is obliged to examine the delivered goods at the time of delivery, but in any case within 7 days after delivery.

 

The Other Party is obliged to examine the Service at the time of execution, but in any case within 7 days after execution.

 

In doing so, the Other Party must investigate whether the quality and quantity of the Service supplied and the Service provided correspond with what has been agreed, or at least meet the requirements that apply in normal trade.

 

Visible defects and shortcomings must be reported in writing to Beflexx within 7 days after delivery of the Product. The defective Product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.

 

Visible defects and shortcomings must be reported to Beflexx in writing within 7 days of the performance of the Service.

 

Invisible defects and deficiencies should be reported to Beflexx within 7 days of their discovery. The defective Product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.

 

The right to (partial) refund of the price, repair or replacement or compensation will lapse if defects are not reported within the stipulated period, unless a longer period ensues from the nature of the Product and / or Service or from circumstances of the case. .

 

Beflexx will reimburse the Other Party for any shipping costs incurred for returning the defective Product at the written request of the Other Party. Beflexx will never reimburse costs other than shipping costs, unless agreed in writing. The shipping costs will never be reimbursed if the Other Party Beflexx has not been requested in writing.

 

The payment obligation is not suspended if the Other Party informs Beflexx of the defective matter within the stipulated period.

 

If a complaint is made on time, the Other Party remains obliged to purchase and pay for the purchased items, unless it has no independent value.

 

24. Liability

Beflexx is only liable for direct damage caused by gross negligence or intent on the part of Beflexx.

 

Beflexx cannot be held responsible by the Counterparty or a third party for indirect, incidental, special or consequential damage (including loss of profit or missed savings), loss of data or business interruption arising from or related to the use of the device, regardless of whether this damage is the result of a tort, warranty, contract or other legal theory, even if Beflexx was aware of the possibility of such damage. In the case of consumer purchase, this limitation does not go beyond that which is permitted under Article 7:24 (2) of the Dutch Civil Code.

 

The Other Party fully indemnifies Beflexx against all claims from third parties, which may arise from or are related to (non-) compliance by Beflexx with obligations under any

agreement with the Other Party.

 

If Beflexx should be liable for any damage, Beflexx's liability is limited to the amount that the insurer pays to Beflexx or to a maximum of the amount stated in the invoice.

 

Beflexx is in no way liable for damage caused by shortcomings of the third parties engaged by Beflexx.

 

If you reside in a country or state where any of the above and below exclusions or limitations of liability or any of the exclusions of warranties in the `` Liability '', `` Test Product Liability Exclusions '' and `` Content Liability Exclusions '' policies is not permitted, such exclusions and limitations will not apply to the extent they are not permitted. In such case, the exclusion or limitation will be limited to the maximum extent permitted by applicable law.

 

25. Exclusions of liability for test products (samples)

With a (new) product, Beflexx can, on its own initiative or at the request of the Other Party, first make samples or test products and submit them to the Other Party for approval. The costs for these samples and test products are for the Other Party's account.

 

If the Other Party does not comply with the agreements as described in the regulations for test products, Beflexx has the right to reclaim the Product or to charge the costs of the Product to the Other Party, Beflexx is in no way liable for damage caused On.

 

Beflexx test products / samples are intended for use only by individuals who have sufficient professional knowledge of how to interpret the information obtained using these tests.

 

26. Disclaimer of Content Liability

The content streams that you can access through the device are not monitored or managed by Beflexx. They are made available by third parties. The device is basically a kind of "tuner" that allows you to receive the content that is broadcast outside your immediate vicinity. Since the content is made available by third parties, Beflexx has no editorial control over the content that you download from your device and therefore Beflexx cannot be held responsible for its content or delivery.

 

Beflexx does not endorse any opinion expressed in the content you receive through the device.

Beflexx does not guarantee the correctness, reliability, accuracy, completeness or timeliness of the content. You agree that you rely on the content of the content at your own risk.

 

27. Indemnification

The Other Party indemnifies Beflexx against any claims from third parties that suffer damage in connection with the performance of the Agreement and which are attributable to the Other Party, unless these claims are the result of gross negligence or intent on the part of Beflexx and the Other Party demonstrates that he does not reproach him in this regard.

 

If Beflexx should be sued by third parties, the Other Party is obliged to assist Beflexx both in and out of court. All costs and damage on the part of Beflexx and third parties are further for the account and risk of the Other Party.

 

28. Limitation period

Contrary to the statutory limitation periods, a limitation period of one year applies to all claims and defenses against Beflexx and third parties engaged by Beflexx (if any).

 

The foregoing does not apply to claims and defenses that are based on the non-compliance of the delivered item with the Agreement. In this case, the claims and defenses lapse two years after the Other Party has informed Beflexx about the defect in the delivered item.

 

29. Intellectual property

Beflexx reserves the rights and powers vested in it under the Copyright Act and other intellectual laws and regulations.

 

Beflexx reserves the right to use any knowledge gained through the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties.

 

30. Privacy

Beflexx will keep the data and information that the Other Party provides to Beflexx carefully and confidentially.

 

Beflexx may only use the Other Party's personal data in the context of the fulfillment of its delivery obligation or the handling of a complaint.

 

Beflexx is not permitted to lend, rent, sell or in any way disclose the Other Party's personal data.

 

If Beflexx is obliged to provide confidential information to third parties on the basis of a statutory provision or a court decision, and Beflexx cannot invoke a right of non-disclosure recognized or permitted by the competent court, Beflexx is not obliged to for compensation or compensation. The Other Party is also not entitled to dissolve the Agreement on the basis of any damage that has arisen as a result.

 

The other party agrees that Beflexx the other party for statistical research or customer satisfaction survey

approaches. If the Other Party does not want to be approached for an investigation, the Other Party can make this known.

 

Beflexx reserves the right to use the other data of the Other Party anonymously for (statistical) research and database.

 

31. Applicable law and disputes

Dutch law is exclusively applicable to all legal relationships to which Beflexx is a party. This also applies if an obligation is performed in whole or in part abroad or if the Other Party is domiciled abroad.

 

The applicability of the Vienna Sales Convention is excluded.

 

32. Headings

The headings above the sections of these Terms and Conditions are for illustrative purposes only and do not serve as part thereof, nor will they in any way affect the meaning or interpretation of the Terms and Conditions.

 

33. Location

These General Terms and Conditions have been filed with the Chamber of Commerce in Eindhoven under number 52005100. The most recently filed version or the version that applied at the time of the establishment of the legal relationship with Beflexx is always applicable.

 

34. Returns

When purchasing products, the consumer has the opportunity to dissolve the agreement without notice for reasons during 14 days. This term will expire on the day following receipt of the product by the consumer or a consumer appointed by the consumer and notified to the entrepreneur.