GENERAL TERMS AND CONDITIONS OF SCANDIA GEAR EUROPE B.V. (WEBSHOP B2C)
These general terms and conditions apply to all quotations, orders and agreements concluded or to be concluded between Scandia Gear Europe B.V. (hereinafter referred to as “Scandia”) and the counterparty (hereinafter referred to as “Consumer”) and to all other legal relationships between them.
Article 1. Definitions
1.1 Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
1.2 Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with Scandia;
1.3 Continuous transaction: a distance contract concerning a series of products and/or services, with the obligation of delivery and/or performance being spread over time;
1.4 Durable medium: any means that enables the consumer or Scandia to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
1.5 Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period;
1.6 Model withdrawal form: the withdrawal form provided by Scandia, which a consumer can use if they wish to exercise their right of withdrawal.
1.7 Distance contract: a contract concluded between Scandia and the consumer as part of an organized system for distance selling of products and/or services, where only one or more techniques for communication at a distance are used up to and including the conclusion of the contract;
1.8 Technique for communication at a distance: a means that can be used to conclude a contract without the consumer and Scandia being physically present in the same location.
1.9 General Terms and Conditions: these general terms and conditions of Scandia.
Article 2. Information of Scandia
Scandia Gear e-Com B.V.
3208 LJ Spijkenisse
T: +31 (0)181 600 955 (available on business days during office hours)
Chamber of Commerce number: 91139201
VAT identification number: NL865563305B01
Article 3. Applicability
3.1 These general terms and conditions apply to any offer made by Scandia and to any concluded distance contract and orders between Scandia and the Consumer.
3.2 Prior to the conclusion of a distance contract, the text of these general terms and conditions shall be made available to the Consumer. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, that the general terms and conditions can be inspected at Scandia and will be sent to the Consumer free of charge upon request as soon as possible.
3.3 If the distance contract is concluded electronically, in deviation from the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions may be provided to the Consumer electronically in such a way that the Consumer can easily store it on a durable data carrier. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent to the Consumer free of charge by electronic means or otherwise upon request.
3.4 In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the Consumer may always rely on the provision that is most favorable to them in case of conflicting general terms and conditions.
3.5 If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these terms and conditions shall remain in force for the remainder, and the relevant provision shall be replaced in mutual consultation as soon as possible by a provision that approximates the purport of the original provision as much as possible.
3.6 Matters not regulated in these general terms and conditions shall be assessed in accordance with the “spirit” of these general terms and conditions.
3.7 Ambiguities concerning the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the “spirit” of these general terms and conditions.
Article 4. Offer
4.1 If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer.
4.2 The offer is non-binding. Scandia is entitled to modify and adjust the offer.
4.3 The offer contains a precise description of the products and/or services offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer. If Scandia uses images, they represent the offered products and/or services truthfully. Obvious mistakes or errors in the offer do not bind Scandia.
4.4 Images of products are a truthful representation of the offered products. Scandia cannot guarantee that the displayed colors exactly match the real colors of the products.
4.5 All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
4.6 Each offer provides information in such a way that it is clear to the Consumer what rights and obligations are associated with accepting the offer. This includes in particular:
• the price excluding taxes;
• any shipping costs;
• the method by which the agreement will be concluded and the actions required for that purpose;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and performance of the agreement;
• the period for accepting the offer, or the period within which Scandia guarantees the price;
• the amount of the fee for remote communication if the costs for the Technique for communication at a distance are calculated on a basis other than the regular basic rate for the communication medium used;
• whether the agreement will be archived after its conclusion, and if so, how the Consumer can access it;
• the manner in which the Consumer can check and, if necessary, correct the data provided by him in the context of the agreement, before concluding the agreement;
• any other languages in which the agreement can be concluded, in addition to Dutch;
• the codes of conduct to which Scandia has submitted and the way in which the Consumer can electronically consult these codes of conduct; and
• the minimum duration of the remote agreement in the case of a continuing transaction.
Customs taxes, duties, or import charges are the responsibility of the customer. Scandia does not cover these additional charges or costs for the final delivery of the package to your destination or country.
Article 5. Agreement
5.1 The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the Consumer of the offer and compliance with the specified conditions.
5.2 If the Consumer has accepted the offer electronically, Scandia shall confirm the receipt of the acceptance of the offer by electronic means as soon as possible. As long as the receipt of this acceptance has not been confirmed by Scandia, the Consumer may dissolve the agreement.
5.3 If the agreement is concluded electronically, Scandia shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Consumer can make electronic payments, Scandia shall take appropriate security measures for that purpose.
5.4 Scandia may ascertain whether the Consumer can fulfill their payment obligations, as well as all other facts and factors that are relevant for a responsible conclusion of the distance agreement. If, based on this investigation, Scandia has good reasons not to enter into the agreement, it is entitled to refuse an order or application with a motivated statement or to attach special conditions to its performance.
5.5 Scandia shall include the following information with the product or service provided to the Consumer, in writing or in a manner that allows the Consumer to store it in an accessible way on a durable medium:
a. the visiting address of Scandia’s establishment where the Consumer can address complaints;
b. the conditions and procedure for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and after-sales service;
d. the information referred to in Article 4, clause 3 of these General Terms and Conditions, unless Scandia has already provided this information to the Consumer before the execution of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
5.6 In the case of a continuing transaction, the provision in the preceding clause applies only to the initial delivery.
5.7 Every agreement is concluded under the suspensive condition of sufficient availability of the respective products.
Article 6. Price
6.1 During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
6.2 Notwithstanding the preceding clause, Scandia may offer products or services with prices that are tied to fluctuations in the financial market and over which Scandia has no control, at variable prices. The dependency on fluctuations and the fact that any prices mentioned are indicative prices shall be stated in the offer.
6.3 Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
6.4 Price increases from 3 months after the conclusion of the agreement are only permitted if Scandia has stipulated this and:
a. they result from legal regulations or provisions; or
b. the Consumer has the authority to terminate the agreement effective from the day on which the price increase takes effect.
6.5 The prices mentioned in the offer of products or services are inclusive of VAT.
6.6 All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Scandia is not obliged to deliver the product at the erroneous price.
Article 7. Right of Withdrawal
7.1 When purchasing products, the Consumer has the option to dissolve the agreement without stating reasons within 14 days. This withdrawal period starts on the day after the Consumer or a designated representative, notified to Scandia in advance, has received the product.
7.2 During the withdrawal period, the Consumer shall handle the product and its packaging with care. The Consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the Consumer exercises their right of withdrawal, they shall return the product, including any accessories delivered, in its original condition and packaging to Scandia, in accordance with the instructions provided by Scandia.
7.3 If the Consumer wishes to exercise their right of withdrawal, they must notify Scandia within 14 days after receiving the product. The notification must be made by using the model withdrawal form. After the Consumer has notified their intention to exercise their right of withdrawal, the Consumer must return the product within 14 days. The Consumer must provide proof of timely return, for example, by means of a proof of shipment.
7.4 If the Consumer has not notified their intention to exercise their right of withdrawal within the periods mentioned in sections 1 and 3 of this article, respectively, or has not returned the product to Scandia, the purchase is considered final.
Article 8. Costs in case of withdrawal
8.1 If the Consumer exercises their right of withdrawal, the costs of returning the product shall be borne by the Consumer.
8.2 If the Consumer has made a payment, Scandia will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been received by Scandia. The refund will be made using the same payment method chosen by the Consumer, unless the Consumer expressly agrees to a different method of refund.
8.3 If the product is damaged due to the Consumer’s careless handling, the Consumer is liable for any decrease in value of the product.
8.4 The Consumer shall not be liable for any decrease in value of the product if Scandia has failed to provide all legally required information regarding the right of withdrawal before or at the time of entering into the purchase agreement.
Article 9. Exclusion of withdrawal
9.1 Scandia may exclude the Consumer’s right of withdrawal for products as described in section 2 of this article. The exclusion of the right of withdrawal shall only apply if Scandia has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
9.2 Exclusion of the right of withdrawal is possible for products that:
a. are produced by Scandia according to the Consumer’s specifications;
b. are clearly personal in nature;
c. cannot be returned due to their nature;
d. have a price that is subject to fluctuations in the financial market over which Scandia has no control.
Article 10. Delivery
10.1 Scandia will exercise the utmost care when receiving and fulfilling orders for products.
10.2 The address provided by the Consumer to the company shall be considered the place of delivery.
10.3 Subject to the provisions in section 4 of this article, Scandia will fulfill accepted orders as quickly as possible, but no later than within 30 days, unless the Consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the Consumer will be notified of this no later than 30 days after placing the order. In such cases, the Consumer has the right to dissolve the agreement free of charge. The Consumer is not entitled to any compensation.
10.4 All delivery times are indicative. The Consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the Consumer to any compensation.
10.5 In the event of dissolution in accordance with section 3 of this article, Scandia will refund the amount paid by the Consumer as soon as possible, but no later than within 14 days after dissolution.
10.6 If delivery of an ordered product proves to be impossible, Scandia will make efforts to provide a replacement item. The delivery will clearly and comprehensibly indicate that a substitute item is being delivered.
10.7 The risk of damage and/or loss of products rests with Scandia until the moment of delivery to the Consumer or a previously designated and notified representative of Scandia.
Article 11. Conformity
11.1 Scandia guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
11.2 Any defects or incorrectly delivered products must be reported to Scandia in writing and substantiated within 1 month after delivery. Products must be returned in new condition and in their original packaging.
11.3 The warranty period of Scandia corresponds to the manufacturer’s warranty period. However, Scandia is never responsible for the ultimate suitability of the products for each individual application by the Consumer, nor for any advice regarding the use or application of the products.
11.4 The warranty does not apply if:
– The Consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties; or
– The delivered products have been exposed to abnormal conditions or have been handled in a careless manner or contrary to Scandia’s instructions and/or the packaging instructions; or
– The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 12. Payment
12.1 The Consumer must pay the due amounts within 5 working days after the commencement of the cooling-off period as referred to in Article 7, Clause 1 of these General Terms and Conditions.
12.2 The Consumer has the obligation to immediately report any inaccuracies in the provided or stated payment details to Scandia.
12.3 In the event of non-payment by the Consumer, Scandia has the right, subject to legal limitations, to charge the reasonable costs communicated to the consumer in advance.
Article 13. Long-Term Agreements
13.1 The Consumer can terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products at any time, subject to the agreed termination rules and a notice period of up to one month.
13.2 The Consumer can terminate an agreement that has been entered into for a definite period and that involves the regular delivery of products at any time, at the end of the specified duration, subject to the agreed termination rules and a notice period of up to one month.
13.3 The Consumer can terminate the agreements mentioned in the previous clauses:
• At any time and shall not be limited to termination at a specific time or during a specific period;
• Terminate them at least in the same manner as they were entered into by him/her;
• Always terminate them with the same notice period that Scandia has stipulated for itself.
13.4 An agreement that has been entered into for a definite period and that involves the regular delivery of products may not be tacitly extended or renewed for a specified duration.
13.5 If an agreement has a duration of more than one year, the Consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 14. Complaints
14.1 Scandia has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
14.2 Complaints submitted to Scandia will be answered within 10 working days from the date of receipt.
14.3 If a complaint is deemed valid by Scandia, Scandia will, at its discretion, replace or repair the delivered products free of charge.
Article 15. Privacy
15.1 Scandia handles all personal data provided to it in accordance with applicable laws, in particular the General Data Protection Regulation (GDPR).
15.2 All data provided by the Buyer will be used by Scandia solely for the purpose of entering into and fulfilling the agreement, as well as for the operation of Scandia’s business. Data will only be disclosed to third parties if necessary for the aforementioned purposes.
Article 16. Applicable Law
16.1 Dutch law shall exclusively apply to all legal relationships between Scandia and the Consumer. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.