General Terms and Conditions Finitro B.V.

Article 1 – Definitions

The following to be understood by terms used in these Conditions:

  1. Seller: Finitro B.V., hereafter called 'Finitro'.
  2. Buyer: business partner of Finitro B.V.
  3. Website: 'www.finitro.com / .com.au / .ca / .ie / .co.nz / .uk / .us'
  4. Product(s): 'Finitro'

Article 2 – Applicability

  1. These General Terms and Conditions apply to all Finitro offers and to all agreements concerning the delivery of Product(s) by Finitro, unless these general term and conditions are subject to amendment by partners explicitly and in writing.
  2. General terms and conditions proposed by the Buyer will be expressly rejected.

**Article 3 – The Offer **

  1. In the case of an offer having a limited period of validity or being conditional, this will be explicitly stated in the Offer.
  2. All Finitro offers are discretionary. Obvious errors or obvious mistakes in the Offer are non-binding on Finitro.

Article 4 – The Agreement

  1. The Agreement comes into effect at the time of acceptance of the Agreement by the Buyer, the relevant conditions having been fulfilled.
  2. If a Buyer accepts the Offer by electronic means, Finitro will immediately confirm acceptance of the Offer by the same route. So long as receipt of acceptance has not been confirmed in this way by Finitro, the Buyer may annul the Agreement.

Article 5 – Delivery

  1. Finitro shall take the greatest possible care in receiving and carrying out orders of Product(s).
  2. The destination for delivery shall be the address made known to Finitro by the Buyer.
  3. Accepted orders shall be delivered by Finitro as soon as possible, and within a maximum period of 30 days, unless another delivery term has been agreed. In the case of delay, or if an order cannot or can only partially be fulfilled, you will receive notification from Finitro within 15 days. The Buyer has the right hereby to annul the Agreement without incurring further costs.
  4. In the case of dissolution, as outlined in Clause 3 of this Article, Finitro shall refund the sum owed by the Buyer within 30 days.
  5. Risk of damage and/or loss of Product(s) rests with Finitro up until the time of delivery to the consumer, unless otherwise explicitly agreed.

Article 6 - Payment

  1. All stated prices cover costs of production, provided in euros and inclusive of VAT, with the exception of price alterations resulting from changes in rate of VAT.
  2. All Finitro Product(s) prices include postage and packing.
  3. The Buyer must complete payment in compliance with methods given on the website under ordering procedure.
  4. The Buyer is duty-bound to notify Finitro immediately of any incorrect information supplied concerning payment details.
  5. Payment(s) due on order(s) of Product(s) must be completed within 14 days.
  6. In the case of non-payment of dues, as outlined in Clause 5 of this Article, the Buyer will be granted a first term of 14 days within which to fulfil payment obligations. If payment is not made during this term, a second 14-day term will follow. If after this second term the Buyer has still failed to remit the full sum due to Finitro, the Buyer becomes liable for lawful interest payments on the owed amount, plus extrajudicial administrative costs of collection, whereby the following applies:

Insofar that the Buyer is not acting in the exercise of a profession or business, Finitro shall claim a sum equal to the maximum lawfully allowed compensation in respect of extrajudicial costs of collection, as laid down and to be calculated in conformation with Decision Compensation for Extrajudicial Collection Costs, insofar that the outstanding sum – after onset of delay in payment – is still not paid by the Buyer within 14 days of reminder, as of the day (after expiry of the second term) following the day of reminder.

Article 7 – Right of Withdrawal

  1. The Buyer may annul the Agreement with Finitro with regard to the purchase of Product(s) within a maximum cooling-off period of 14 days and without stating reasons.
  2. The cooling-off period given in Clause 1 of this Article is effective as of the day after the Buyer takes delivery of the Product.
  3. If the Buyer wishes to make use of their Right of Withdrawal, he must state this within the stated cooling-off period via completion of the contact form on the website.
  4. The Buyer is responsible for handling and packing of the Product. For hygiene reasons, the packaging must not be opened (seal unbroken). Right of return is cancelled in the case of the packaging having been opened.
  5. Risk and proof of correct and timely conduct of Right of Withdrawal lies with the Buyer.

Article 8 – Withdrawal Obligations for Finitro

  1. Finitro shall send acknowledgement of the Buyer's (electronic) request for return.
  2. Finitro shall be responsible for refunding of all payments made by the Buyer. Refunding shall take place only after receipt by Finitro of the returned Product.
  3. Finitro shall adopt the payment method used by the Buyer.
  4. Should the Buyer choose a more expensive return delivery method than standard, any extra costs shall be for the Buyer.

Article 9 – Liability

  1. Finitro accepts no liability towards the Buyer beyond the invoiced sum. In no case shall the total compensation for direct damage exceed the sum of € 500
  2. 2.Finitro has no liability in regard to the Buyer for indirect damage, here understood as consequential damages, loss of profit, lost savings, data loss and damages through interruption of operations.
  3. 3.Liability is cancelled in the case of the Buyer failing to report damage to Finitro in writing, within 30 days of its occurrence.

Article 10 – Complaints Procedure

  1. 1.You may submit your complaint to us via the contact details given at the bottom of the page. You will receive acknowledgement of receipt, given that your complaint arrives in good order.
  2. Complaints must be submitted within 14 days of the Buyer discerning shortcomings. The Buyer must also provide a full and clear description of the complaint.
  3. Finitro has 7 days in which to process the complaint and find a solution.

Article 11 – Legal Status and Choice of Forum

  1. These conditions and all agreements between Finitro and Buyer are subject to Dutch law only.
  2. Parties commit themselves in case of dispute to do all in their power to arrive at a satisfactory resolution within the shortest possible timeframe.
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