Article 1. General
1.1 In these Terms and Conditions, Rightstuffshop, located at Industrieweg Oost 5a-5, 6662 NE Elst Netherlands, is further referred to as Rightstuffshop and its contract partner as buyer. In the case of delivery of services, Rightstuffshop shall be understood to include the contractor and the buyer shall be understood to include the client.
1.2 These Terms and Conditions apply to all agreements with Rightstuffshop concerning the sale, delivery, repair and maintenance of goods and related products and/or services.
1.3 These Terms and Conditions apply to any offer and any agreement or legal relationship between Rightstuffshop and a (potential) buyer to the extent that these Terms and Conditions have not been expressly deviated from by the parties in writing and to the exclusion of any general terms and conditions of the other party.
1.4 Deviations and/or additions to these terms and conditions shall apply only when confirmed in writing to the buyer.
1.5 A copy of these Terms and Conditions may be obtained free of charge from Rightstuffshop.
1.6 Rightstuffshop reserves the right to make interim changes to these Terms and Conditions.
Article 2. Offer and order
2.1 All Rightstuffshop’s quotations, in any form, are always without obligation, non-binding and while supplies last, unless otherwise agreed.
2.2 Upon acceptance of a non-binding offer by the buyer, Rightstuffshop reserves the right to revoke or deviate from the offer within 2 business days of receiving such acceptance. With reasons given, Rightstuffshop will notify the buyer in writing or by e-mail.
2.3 Verbal commitments shall bind Rightstuffshop only after they have been expressly confirmed in writing by Rightstuffshop’s management.
2.4 All images, drawings and data concerning weights, dimensions, colors, data concerning the applicability of the equipment for new technologies, in price lists, leaflets and brochures are compiled with the utmost care. Minor deviations in the data provided by Rightstuffshop are permissible insofar as they do not result in a substantially different performance to be performed by Rightstuffshop. However, Rightstuffshop expressly reserves the right, subject to the above, to make changes and improvements in relation to the data provided, which serve technical progress. However, the buyer cannot derive any rights from this.
Article 3. Agreements
3.1 With the exception of cash sales and advance payments, agreements are not established by a verbal order or sending an order by fax, letter, mail or other medium, but only by an order through Rightstuffshop’s website with a subsequent digital order confirmation from Rightstuffshop.
3.2 A digital order confirmation or confirmation of an amendment to a contract is deemed to accurately and completely reflect the contract, unless the buyer objects without delay.
3.3 An agreement is concluded only after an order or assignment is confirmed in writing or by another token of acceptance by Rightstuffshop. Additions, changes and further agreements regarding orders and assignments placed are valid only if confirmed in writing by Rightstuffshop.
3.4 Rightstuffshop is at all times entitled to revoke the agreement (order) up to 10 days after completion of the order, without giving reasons.
Article 4. Prices
4.1 Rightstuffshop’s items are delivered at the prices in effect at the time of ordering from Rightstuffshop.
4.2 All offers made by Rightstuffshop are non-binding and are by invitation only. Prices as listed on the website are subject to typographical errors and do not include VAT.
4.3 Wholesale orders below 25.00 excl. VAT will not be considered. Orders over 1000.00 excl. VAT are shipped free if under 10 pounds and paid in advance.
Article 5. Delivery
5.1 The delivery time of orders is up to 5 working days
5.2 Unless otherwise agreed in writing, Rightstuffshop determines the method of shipment. In case Rightstuffshop has chosen the method of shipment, the items travel at Rightstuffshop’s risk. Rightstuffshop transfers the risk of the goods at the time the goods are presented to the specified address for receipt.
5.3 If delivery is delayed or expedited at the request of the Buyer, the Buyer shall be liable to pay the associated costs.
5.4 The maximum delivery time for an order is 14 days, except for orders containing pre-order products or products with an unknown delivery time. These products are marked with a special status that the buyer is familiar with. If the delivery time of the order within 14 days is not feasible, Rightstuffshop will inform the buyer in a timely manner and offer the opportunity to choose an alternative product, agree on a new delivery time or dissolve the agreement. Amounts already paid will be refunded within 14 days upon dissolution.
5.5 Rightstuffshop is not obliged to resupply once delivered products if these products have been taken out of production by it or its suppliers or have been dropped from its sales program for any other reasons.
5.6 In case the buyer, despite being summoned to do so, fails to collect the items from the storage place to be specified by Rightstuffshop within three weeks thereafter, Rightstuffshop shall be entitled, at its option, to sell the items privately or publicly and hold the original buyer liable for any loss. The original buyer is at all times obliged to reimburse the cost of the aforementioned storage and the (additional) shipping and administrative costs incurred by Rightstuffshop.
5.7 Exceeding a delivery date will never entitle the buyer to any compensation towards Rightstuffshop.
5.8 Except in the case of cash sales or cash on delivery, payment for goods and/or services delivered by Rightstuffshop must be made within 8 days of the invoice date unless otherwise agreed in writing. After the expiry of 30 days from the invoice date, the buyer who fails to make timely payment, without notice of default being required, shall be in default by operation of law and shall owe interest on the outstanding invoice amount at the rate of 1.5% per month, with part of a month counting as a whole month. Furthermore, Rightstuffshop is hereby entitled to increase the amount owed by the buyer with (extra) judicial collection costs, those of lawyers, bailiffs, internal costs, etc. Including. If these costs are not paid on time, they will be provisionally set, in anticipation of the determination of the actual costs, at an amount of 15% of the unpaid invoice, with a minimum of 200, –
5.9 Payments made by the buyer shall always serve to settle in the first place all interest and costs due, and in the second place payable invoices that have been outstanding the longest, even if the other party states that the payment relates to a later invoice.
Article 6. Cooling off period
6.1 After the buyer has received the product he/she ordered, the buyer is authorized to dissolve the underlying agreement with Rightstuffshop within fourteen (14) business days after receiving this product. The buyer does not have to give a reason for this.
6.2 If the buyer wishes to dissolve the agreement pursuant to Article 5.1 of these Terms and Conditions, the buyer must notify Rightstuffshop in writing (by e-mail, letter or fax). The buyer must send the product to a return address determined by Rightstuffshop. In this case, the buyer must bear the cost and risk of shipping.
6.3 If the buyer has already made any payments at the time the buyer entered into the agreement with Rightstuffshop pursuant to Article 6.1. and 6.2 of these Purchase Terms, Rightstuffshop will refund the purchase price of the returned products to the buyer within fourteen (14) business days after Rightstuffshop receives the product returned by the buyer.
6.4 Rightstuffshop reserves the right to refuse returned products or to credit only a portion of the amount already paid if it is suspected that the product has already been used or has been damaged by the buyer’s fault (other than Rightstuffshop’s or the supplier of the product).
6.5 If a product is returned that, in Rightstuffshop’s opinion, has sustained damage attributable to an act or omission by the buyer or is otherwise at the buyer’s risk, Rightstuffshop will notify the buyer in writing (via fax, letter or e-mail). Rightstuffshop is entitled to deduct from the amount to be refunded to the buyer the decrease in value of the product as a result of this damage.
Article 7. Retention of title
7.1 Rightstuffshop retains ownership of all goods delivered by Rightstuffshop until the moment of full payment of the price of all goods delivered or to be delivered by Rightstuffshop to the buyer, as well as any claims for work and/or services performed or to be performed by Rightstuffshop on behalf of the buyer in connection with the delivery of goods and that which Rightstuffshop may claim from the buyer on account of a shortcoming of the buyer in the fulfillment of the agreement concluded between Rightstuffshop and the buyer, including collection costs, interest and penalties.
Article 8. Delivery and advertisements
8.1 Indications of delivery times are approximate, unless otherwise agreed. Except for willful intent or gross negligence, Rightstuffshop is never liable for overrun.
8.2 Complaints regarding proper or incomplete delivery must be made by the customer to Rightstuffshop within 5 days of receipt of the goods, preferably in writing.
8.3 The customer is not entitled to suspend payment based on complaints.
Article 9. Warranty
9.1 Buyer shall deliver items eligible for replacement or repair at its own risk to the address to be given by Rightstuffshop.
9.2 Rightstuffshop grants a so-called warranty against manufacturing and material defects with respect to the delivered goods, which means that the cost of return after 8 days of purchase from and to the buyer shall be borne by the buyer.
9.3 In the event that the packaging or its contents are found to be damaged upon arrival, you must file an official report with Post NL. Submit this report to Rightstuffshop within 2 days of delivery of the goods, after which Rightstuffshop will take care of shipping damage settlement.
9.4 To claim warranty, you must send a copy of the original invoice by mail or attach it to the return shipment.
In case no copy invoice is attached, the return will not be processed but will be returned directly to you. A 15,- administration and processing fee will then be charged
9.5 Items are always extensively tested first and in the event of an error diagnosis (defective), most items will be exchanged for the same item, provided they are still available and in stock. There is an exchange period of 14 days. If items are not (or no longer) in stock or are not covered by this arrangement, they will be returned to our supplier for repair, we are then dependent on that supplier’s repair time. However, resellers are subject to a six (6) month warranty period, unless the manufacturer has a longer warranty period.
9.6 No warranty is given on consumables such as all liquids, inks and needles.
9.7 The warranty for Rightstuffshop’s products extends to free repair if a manufacturing or material defect is found within 12 months from the date of purchase by Rightstuffshop.
This will be done only if the defective product is returned in its original packaging and complete.
9.8 With regard to third party products, Rightstuffshop is not bound to any further warranty than that obtained from its supplier or that the supplier provides directly to the end user.
9.9 Repair and/or replacement will not reopen the warranty period. However, the repairs themselves are covered by a 90-day warranty data.
9.10 If there is incompetent use, improper connection, wrong mains voltage, lightning strike, damage due to the action of moisture or other causes beyond Rightstuffshop’s control, the warranty will lapse. The guarantee never extends to compensation for costs or damage caused by the fact that the buyer himself makes changes or repairs to the products or has them made, or if the products have been used for purposes other than those for which they are intended, or have been treated or maintained in a careless or injudicious manner.
9.11 If the buyer has given Rightstuffshop an order to repair and has not collected the issued item within three months from the date of issue, upon payment of the amount due for examination or repair, the buyer shall be deemed to have relinquished the item surrendered for repair to Rightstuffshop. The buyer shall indemnify Rightstuffshop against all third party claims related to this matter.
9.12 Rightstuffshop provides no warranty on consumables unless a warranty is expressly promised in writing.
9.13 Rightstuffshop is not held to any warranty other than as provided in this article.
Article 10. Liability
10.1 For any direct or indirect damage for which Rightstuffshop has not expressly accepted liability in these Terms and Conditions, Rightstuffshop will not be liable, except for damage caused by intent or gross fault/ negligence on the part of Rightstuffshop.
10.2 The buyer indemnifies Rightstuffshop in this regard against all third party claims.
10.3 Notwithstanding the foregoing, Rightstuffshop shall in any case never be liable:
– due to non-delivery or late delivery;
– For data in leaflets, catalogs, advertising materials, quotations and the like;
– in case of non-attributable shortcomings (force majeure); if the buyer himself or a third party repairs the delivered item, makes changes to it, uses it
for purposes other than those for which it is suitable or intended, overloads the Delivered and otherwise uses it improperly;
– for the property of third parties that are on Rightstuffshop’s premises for repair, storage or any other reason;
– For business and/or consequential damages, from any cause whatsoever;
– for damages caused by intent or gross negligence of auxiliary persons;
. Rightstuffshop can never be held medically liable. The buyer is solely responsible for the use of the goods supplied by Rightstuffshop with the corresponding medical legislation. – Rightstuffshop cannot be held liable for consequences due to customer incompetence, such as failure to disinfect, sterilize properly or at all, improper use of materials, etc.
liabilities of our customer’s customers to them can never be referred to Rightstuffshop. These will not be accepted by Rightstuffshop.
10.4 If Rightstuffshop is in any case, despite the above, liable for any damage, Rightstuffshop accepts liability only to the extent that such liability is covered by its insurance, up to the amount of the payment made by the insurance company.
10.5 If in any case the insurance company does not pay out, Rightstuffshop is never liable for more than the invoice amount for the agreement concerned.
10.6 The limitation of liability as stipulated in this article applies equally to employees, workers and all other persons used by Rightstuffshop in execution of the agreement.
Article 11. Dissolution
11.1 If the buyer does not comply with his obligations towards Rightstuffshop, does not comply in time or does not comply properly, if his bankruptcy is filed for, if he is declared bankrupt, if he applies for suspension of payment, if he offers a settlement or agreement to his creditors or part of them, if his assets or part of them are seized, or if he sells or liquidates his company, as well as in case of death, receivership or if he otherwise loses the management of his company, business or part thereof, the buyer is legally in default and any claim Rightstuffshop has or obtains at his expense, is immediately due and payable without notice of default being required.
11.2 In the cases mentioned in 11.1, Rightstuffshop has the right, without any notice of default, to suspend further performance of the agreement or to terminate it in whole or in part.
11.3 Rightstuffshop is at all times entitled to claim damages from the buyer and to take back the delivered goods.
11.4 In case the buyer wishes to dissolve the agreement, he shall at all times first put Rightstuffshop in default in writing and grant Rightstuffshop a reasonable period of time to fulfill its obligations or to repair shortcomings, which shortcomings the buyer shall describe accurately in writing.
11.5 The buyer has no right to rescind the agreement in whole or in part or to suspend its obligations if it has itself already defaulted on its obligations.
11.6 In case of partial dissolution, the buyer cannot claim undoing performances already performed by Rightstuffshop, and Rightstuffshop is fully entitled to payment for the performances it has already performed.
Article 12. Applicability
12.1 These terms and conditions and the agreements to which they apply shall be governed by Dutch law if the quotations, orders and/or deliveries are made from and/or in the Netherlands respectively.
12.2 Subject to article 100 of the Dutch Code of Civil Procedure, all disputes arising from or in connection with an agreement concluded between Rightstuffshop Nederland and its customer shall be adjudicated exclusively by the competent court in Haarlem, on the understanding that Rightstuffshop reserves the right to bring any dispute before the court having jurisdiction in the customer’s place of residence.
Article 13. Other provisions
13.1 In case individual provisions contained in these general terms and conditions should lose their effect in whole or in part, this shall not affect the validity of the remaining provisions of these general terms and conditions.
13.2 The buyer of Rightstuffshop’s goods in the Netherlands grants Rightstuffshop permission to register and use his personal data, within the meaning of the Dutch Personal Data Registration Act, obtained by Rightstuffshop in the normal course of business, for Rightstuffshop’s own use.
13.3 Return costs incurred due to a faulty order will not be reimbursed by Rightstuffshop but must be paid by you. If the fault lies with Rightstuffshop then the return costs will be refunded by Rightstuffshop. Therefore, should the customer have unexpectedly ordered the wrong needles, the return costs will be borne by the customer.
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