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Laserwebshop, with its registered office at Achillesstraat 3a, 4625 CG Bergen op Zoom, the Netherlands, hereafter to be called Laserwebshop. The customer or contract holder, hereafter to be called Customer in these General Terms and conditions.
Orders are hereafter to be called Orders in these General Terms and Conditions.
Written or electronically confirmed orders are hereafter to be called Contracts in these General Terms and Conditions.
Deliverable objects (goods), projects and services are hereafter to be called Products in these General Terms and Conditions.
Laserwebshop is occupied with orders, deliveries and services on the area of laser technology & entertainment.
These General Terms and Conditions are applicable to all transactions and contracts as concluded between Laserwebshop and Customer, and to all products, bargains, offers and invoices of Laserwebshop.
Depending on the offered products, Laserwebshop can handle extra conditions. These will be expressed in advance and are subject to these General Terms and Conditions.
Deviations of these General Terms and Conditions can exclusively be concluded with Laserwebshop in writing and are only applicable to the relevant contract.
Should one or more stipulations of these General Terms and Conditions be or will be in conflict with any legal stipulation, the remaining stipulations of these General Terms and Conditions will remain effective in full force. Laserwebshop and Customer will then consult on replacement of the destroyed stipulations or stipulations declared null and void by new stipulations, at which and as far as the goal and the framework of the original stipulation is respected.
If Customer also applies General Terms and Conditions and these contradict the General Terms and Conditions of Laserwebshop, the General Terms and Conditions of Laserwebshop prevail over those of Customer.
An assigned Order binds the Customer. The Customer is fully responsible for the correctness of the provided data concerning the Order.
Laserwebshop offers Customer the possibility to place their Orders electronically. An Order that is placed electronically is subject to the same binding value as a written or oral Order by Customer.
Laserwebshop cannot guarantee the safety of the internet and the possibility for interception or interruption of data that have been submitted by Customer, and can therefore not be held liable by Customer in any way.
Laserwebshop is entitled to fully trust on the data it receives from Customer with regard to the Order, concerning the contents and form, are the correct data.
Offers are always without obligations for Customer, unless explicitly agreed upon otherwise in writing with the Customer. After submitting an offer, this does not constitute a binding Contract.
Laserwebshop decides what Orders she wants to perform and is entitled to reject Orders.
Stated prices of products on the website, in price lists or in brochures are no Offers.
Oral agreements are no Offers. An Offer only exists when written confirmation has taken place.
The validity period is stated on Offers and indicates the period as of the offer date in which the Offer is valid.
5. Execution of the Offer
Offers signed by both parties, Orders confirmed in writing and Orders that Laserwebshop executes form a Contract.
Contracts are binding for both parties. Supplements to and changes of Contracts are only binding when Laserwebshop has confirmed these in writing.
Laserwebshop will perform the Contract to her best ability and in accordance with high standards. All of which the state-of-the-art techniques known at that moment .
If and as far as a good execution of the Contract requires so, Laserwebshop is entitled to have certain activities performed by third parties.
Customer makes sure that it timely provides Laserwebshop with all data, which Laserwebshop indicates as necessary or the Customer should understand as being necessary for the execution of the Contract in all fairness. If the data that is necessary for the execution of the Contract is not timely submitted to Laserwebshop, Laserwebshop is entitled to suspend the execution of the Contract and / or charge the Customer with the extra costs originating from the delay in accordance with the usual tariffs.
Laserwebshop is not responsible for damage, of what nature so ever, because Laserwebshop started from incorrect and / or incomplete data as provided by the Customer, unless this incorrectness or incompleteness should be known by Laserwebshop.
If one agreed that the Contract will be executed in phases, Laserwebshop can suspend the execution of the parts that belong to a next phase until Customer has approved the results of the previous phase in writing.
If Laserwebshop or third parties involved by Laserwebshop perform activities at location of Customer or at a location Customer has indicated in the framework of the Order, Customer takes care of all facilities that are necessary in all fairness free of charge.
Customer safeguards Laserwebshop against claims from third parties that are related to the execution of the Contract and suffer damage that the Customer is accountable for.
Invoices will be issued at delivery or are sent by post (in advance).
The invoice date, and not the delivery date, is the date of issue.
The invoices are the proof of warranty.
All images, drawings and data with regard to weight, size, color, design, etc. of products, are only and approximate representation. Deviations of reality cannot give cause to damages and / or termination of the Contract.
No right can be derived from indicated prices in leaflets, brochures, on the website or stated in any other way than in an offer.
All prices are indicated in Euro and, if not indicated otherwise, excluding shipping costs, excluding turnover tax (VAT) and levies (e.g. waste disposal fee, which are legally enforced).
Prices are determined by Laserwebshop in the usual way.
In case of demonstrable change of one or more decisive factors of the cost price, such as purchase price, delivery time, exchange rate, salary, payments, rights, expenditures, freight and such after realization of the Contract, Laserwebshop is entitled to change the agreed prices accordingly, all this as far as such is not prohibited by law and regardless of the possibility that Laserwebshop could have been anticipated by Laserwebshop at the time of conclusion of the Contract.
Discounts are considered always to be granted just once. Discounts that have been granted earlier do not bind Laserwebshop in any way for a later Contract.
Handling expenses, order costs, freight or shipping costs, repair costs and storage costs can be charged separately.
Costs for special transport, special extra salvage costs and / or import duties are not included and the Customer bears these.
No rights can be derived from prices that are not stated in an Offer or Contract.
Laserwebshop can request a deposit before starting the execution of the Order. This deposit is stated in Contracts and on Offers. Customer cannot charge interest on the deposit. As soon as Laserwebshop has received the deposit, the execution of the Order will be started.
All invoices will be paid by Customer within 14 days after date of invoice. In case of expiry of a payment term, Customer is legally considered to be in default without a further notice of default being required. Customer is then indebted interest of 1.5% per month, unless the legal interest is higher, in which case the legal interest is applicable. The interest on the claimable amount will be calculated from the moment that Customer has been in default, up to the moment of settlement of the complete amount.
Payment is to take place by means bank transfer to a banking account to be indicated by Laserwebshop, by means if Ideal, PayPal, credit card (Master / Visa) or in another way Laserwebshop indicates.
Payments done by Customer only stretch to settle the indebted interest and costs, and then of claimable invoices that are awaiting payment the longest, even if Customer states that the settlement relates to a later invoice. If Customer is in default to settle the claim, the claim can be referred for collection, in which case Customer will also be kept to full compensation of extrajudicial and judicial costs besides the already indebted total amount. The extrajudicial costs will be determined on a minimum of 20% of the main sum, with a minimum of € 200,-.
Non timely payment entitles Laserwebshop to suspend or terminate its performance by virtue of present and / or other Contracts with the Customer, without Customer being entitled to damages or termination of the Contract, and notwithstanding the right of a possible loss, loss of profit and further consequential damage.
Laserwebshop is always entitled to claim that the Customer sufficiently ascertains payment of the performances to be executed, in a way to be determined by Laserwebshop.
If Laserwebshop, after Customer is in default or has submitted payment reminders or any other payment request to Customer, this does not have any effect on aforementioned stipulations of this article.
Customer is not authorized to apply deductions.
Laserwebshop does not have a current account relationship with any of her Customers.
10. Delivery Terms
The agreed delivery terms are applicable to products from Laserwebshop.
However, delivery terms are always approximate only and not binding for Laserwebshop.
Expiry of the delivery term does also not mean that Laserwebshop can be held responsible in any way or is legally in default. Customer is therefore also not entitled to termination of the Contract.
The maximum delivery term is 30 days, unless explicitly agreed upon otherwise. If the delivery term cannot be achieved, Laserwebshop will inform the Customer of such and offers the possibility to adjust the delivery term, or termination of the Contract.
Amounts that have been paid already for an Order that has to be delivered will be refunded within 30 days.
Delivery takes place ex-factory / shop / warehouse of Laserwebshop, unless explicitly agreed upon otherwise in writing. All risks of loss, decay, damage, etc., regardless of the cause, are transferred at the moment they are judicially received by the Customer, and are under the power of Customer or a third party to be appointed by Customer with that.
Customer is kept to (have) inspect(ed) the delivered at moment of delivery, but at least within the shortest possible time, if the quality and quantity of the delivered correspond with the everything that has been agreed upon. Slight deviations in quality and the delivered items that are technically inevitable and / or authorized in business, cannot form grounds for complaints nor for termination of the agreement.
Complaints due to incomplete and / or incorrect delivery have to be reported in writing to Laserwebshop immediately after observance of such, stating the nature and the extent of the complaints. In case of absence of such, complaints will not be considered and Customer is considered to have approved the delivery.
Complaints about invoices also have to be submitted in writing and within a period of 8 work days after date of invoice. After expiry of this term, Customer is considered to have approved the invoice.
Filing a complaint does not dismiss Customer from the commitment to purchase and pay the sold items within the set payment term.
If a complaint is considered well-founded, Collimate is entitled to make the following choice: a. To revise the invoice and change the invoice amount accordingly. b. To repair the delivered or to replace it on the basis of equality. c. To take back the delivered and to terminate the Contract, by
virtue of refund of the invoice amount as paid by Customer,
without being kept to any further damages.
In case of complaints, the delivered items will be returned to Laserwebshop at the expense and risk of Customer.
Customer (consumer) has the right to terminate the agreement with respect to the purchase, for a reflection period of 14 days after receipt of the goods and is thereby not required to give a reason for return. This right of withdrawal is not applicable to; a. Business Orders and transactions. b. Business being effected in correspondence with specifications of the Customer. c. Items that are specially imported for Customer. d. Items that cannot be returned due to their nature. e. Items that are clearly personal. f. Items at which a service has already started with consent of Customer. g. Audio and video material and software of which the seal has already been broken.
In order to offer the quickest process, Laserwebshop requests Customer to report return shipments in writing and in advance. Return shipments at least have to be equipped with a valid invoice by Laserwebshop and be returned within 14 days of the request for dissolution.
Receipt of return shipments never implies acknowledgement by Laserwebshop of the right of withdrawal. This will be confirmed by Laserwebshop after assessment on the legal criteria. Customer runs the risk of returned items until they have been credited by Laserwebshop.
In case of return shipments, the goods are returned at the account and risk of Customer.
Customer will handle the delivered items and the packaging with due care. He will only unpack or use the delivered to the extent necessary for assessment whether he wants to keep it. If he exercises the right of withdrawal, he will return the delivered with all appurtenances, and if possible, in the original condition and packaging, in conformity with the fair and clear instructions as provided by Laserwebshop.
The full and original purchase price will normally be credited, unless the delivered item does not comply with the conditions of the distance buying act.
If Customer returns the entire Order (so not only several of the items of the relevant Order) Customer is also entitled to refund by Laserwebshop of the invoiced shipping costs.
The goods are to be packed carefully and thoroughly for transport (without stickers, marks, etc.). If the package is not packed in a decent way, costs for repackaging and repaid can be charged because the item would otherwise not be saleable any more.
Laserwebshop guarantees that the delivered items comply with the usual requirements and norms that could be set to them in all fairness, and that the goods do not have any defects, bearing in mind that the warranty does not stretch any further than stated in the following stipulations.
The warranty as stated under 1 is valid for a period of 12 months after delivery, unless explicitly stated otherwise. Exclusions to this are items of which the valid life span cannot be expected that such quality may not be expected, or at items for which this has been indicated in advance.
If the warranty as offered by Laserwebshop concerns an item that has been produced by a third party, the warranty is limited to the warranty as offered by the manufacturer of that item.
The warranty for “refurbished” products is 3 months.
Laserwebshop does not offer guarantee for consumables.
Initially and in most cases, the warranty is directly offered by the manufacturer. If this is not the case, the warranty is offered by Laserwebshop, at which Customer bears possible handling costs.
Possible material errors and manufacturing faults of the equipment, as well as parts that Laserwebshop has delivered in the framework of warranty or maintenance, are also covered by the warranty. The replaced parts will become the possession of Laserwebshop.
The warranty commitment expires if the defect is entirely or partially not the consequence of incorrect, insecure or unskilled use, caused by fire or water damage, or if Customer changes the product or has the product changed by third parties without consent of Laserwebshop.
The invoice is the guarantee card and has to be submitted.
Items that are eligible for warranty, have to be sent to Laserwebshop at one’s own expense and risk, and equipped with the warranty card.
Activities and repair costs excluded from the framework of this guarantee will be charged by Laserwebshop in conformity with the usual repair costs.
If the Customer has submitted items to Laserwebshop for repair and has not collected these within 3 months after date of issue, against payment of aforementioned costs, it will be considered that Customer distances itself from these items on behalf of Laserwebshop.
Laserwebshop preserves its right to have repairs, maintenance and other services performed by third parties.
If an item cannot be repaired or replaced under the warranty, Laserwebshop is entitled to deliver a similar item and / or credit the market value. The market value is determined by means of the user period and the extent of technological ageing.
If customer does not, not timely or not decently comply with its commitments, as well as if he is declared bankrupt / files bankruptcy itself, requests moratorium of payment and / or offers his creditors an arrangement or an agreement, in case of attachment of his assets or a part of that and / or he changes to sale or bankruptcy of his company, as well as in case of decease, when placed under guardianship or if he loses the management or leadership over its company, items or a part of that, Customer is legally in default, and every claim that Laserwebshop has or gets against him, is immediately due and payable without any notice of default being required.
In that case, Laserwebshop is always authorized to claim damages from Customer, as well as to take back the delivered items.
Cancellation of Orders van only take place after written consent of Laserwebshop. If no delivery has taken place yet, cancellation is entirely free of charge. An exception to this are custom-made services, like installations and upgrades, and specially ordered items. In case of cancellation of the Order by a business Customer, Laserwebshop is entitled to charge 25% of the agreed price of the products, notwithstanding the right of Laserwebshop on grounds of suffered loss and lost profit to claim the surplus.
All parties are entitled to terminate the Contract if the other party, after a sound written notice of default that is as detailed as possible, at which a fair term is set for clearance of the defect, has accountable shortcomings in the observance of essential commitments by virtue of the Contract.
If the items as delivered by Laserwebshop show any defects, the liability of Laserwebshop towards Customer is limited up to which has been arranged in these General Terms and Conditions under "Warranties”.
If Laserwebshop is liable for direct damage, this liability is limited up to a maximum of the invoice amount of the Contract, excluding taxes, and at least the part of the Contract that the liability is applicable to. The liability is always limited up to a maximum of the amount of the payment of present case that will be provided by the insurer of Laserwebshop.
With direct damage is exclusively meant; a. The fair costs for determination of the cause and the extent of the damage, as far as the determination relates to damage in the sense of these General Terms and Conditions; b. The possible fair costs incurred by having the defective performance by Laserwebshop comply with the Contract, unless Laserwebshop is not accountable for this defect; c. Fair costs, made to prevent or limit damage, as far as Customer proves that these costs have led to limitation of the direct damage, as stated in these General Terms and Conditions.
Laserwebshop is never liable for indirect damage, under which included consequential damage, lost profit, missed savings and loss due to business interruption.
Laserwebshop is never responsible in the case; a. Incorrect, insecure or unskilled usage by Customer or when Customer changes the items exists, or has the items changed, that have been delivered without consent of Laserwebshop. b. Incorrect data has been published in advertisement material or in an offer, if this has not been signed yet. c. Force majeure exists. d. Damage has been caused by intent or gross negligence of Customer or third parties. e. Data loss on data carriers or data transfer methods exists.
The limitations to the liability for direct damage, as taken up in these General Terms and Conditions, are not applicable if the damage is caused by intent or gross negligence of Laserwebshop or his subordinates.
16. Force Majeure
None of the involved parties is committed to stick to Contracts if force majeure exists.
If force majeure continues for a period longer than 1 month, both parties are entitled to terminate the Contract.
Force majeure exists when Laserwebshop cannot exercise Contracts or damage occurs by means of factors that Laserwebshop has no influence on.
In this case, force majeure for Laserwebshop always, but not exclusively, exists if; a. Suppliers of Laserwebshop do not comply with Contracts from Laserwebshop. b. Suppliers of Laserwebshop do not deliver on time. c. Laws and / or regulations are changed as stipulated by the government, so Laserwebshop cannot comply with agreements it made.
In case of force majeure in accordance with 16.4a and 16.4b, one will first consult with Customer and look for a solution. If Customer and Laserwebshop cannot agree on a solution, Laserwebshop is entitled to terminate the Contract.
17. Retention of Title
All items delivered by Laserwebshop, under which also included possible designs, sketches, drawings, films, software, (electronic) files, etc. will always remain the possession of Laserwebshop until Customer has complied with all commitments as stipulated in the Contract one has concluded with Laserwebshop.
Customer is not authorized to pledge items in which Laserwebshop has retained title, nor to encumber them in any other way.
If third parties attach items delivered under a retention of title and / or want to establish or exercise any right on these, Customer is committed to inform Laserwebshop of such as soon as one may expect in all fairness.
Laserwebshop preserves its right to take back products if Customer has not complied with the Contract yet. Customer is to render its cooperation for this.
Customer is kept to, notwithstanding of the aforementioned, take good care of the delivered items, as long as no full payment for such has taken place yet.
If a supplier of Laserwebshop is entitled to the usage of software that is only granted in correspondence with the stipulations of his user or license contract, the stipulations of this contract are applicable to the Customer, replacing the stipulations of these General Terms and Conditions.
Laserwebshop is not liable for defects occurring in software.
19. Intellectual Ownership Rights
All rights of intellectual or industrial ownership on all programs, equipment or other materials such as analyses, designs, documents, reports, offers, as well as preparatory materials of that have been developed or made available by virtue of the Contract, are held by Laserwebshop or its suppliers. Customer only receives the user rights and authorities that are appointed by means of these conditions or expressly appointed otherwise, and will not multiply or create copies of the other programs or materials.
Customer is familiar with the fact that software, equipment or other materials that have been made available, such as analyses, designs, documents, reports, offers, as well as preparatory material of that, contains confidential business information, and Customer is therefore committed not to make these available for third parties, have third parties use these or publish these.
The Customer is committed to return the data at first request of Laserwebshop, as stated in subsection 1 and 2, subject to a penalty on behalf of Laserwebshop that amounts €500 per day, for every day that the Customer remains in default.
Customer is not authorized to remove or change any information concerning copyrights, brands, trade names or any other rights of intellectual ownership from the software, equipment or materials, under which also included notifications regarding the confidential character and confidentiality of the software.
Laserwebshop declares not to violate the intellectual ownership rights of third parties to the best of its knowledge, as valid in the Netherlands. In case of claims of third parties with regard to a violation of such rights, Laserwebshop can replace or change the relevant product if necessary, or entirely or partially terminate the Contract.
Laserwebshop is not responsible for the usage of her products by Customer in any way and cannot be held liable on grounds of this.
Customer guarantees that no rights of third parties contradict the availability of equipment, software or materials of Laserwebshop, with the usage or editing as goal, and Customer will safeguard Laserwebshop against every action that is based on the declaration that such making available, usage or editing violates any right of third parties.
20. Applicable Law
Contracts between Laserwebshop and Customer are exclusively settled by Dutch law.
The court of Breda is always authorized to be informed of a dispute originating from a Contract between Laserwebshop and a Customer concluded.
21. Change and Site of the General Terms and Conditions
These General Terms and Conditions have been filed with the Chamber of Commerce in Breda.
The version that was last filed and / or the version that was valid at the time of realization of the Contract is applicable.