General terms & conditions

OVERVIEW TERMS OF SERVICE

This website is operated by Shieldingshop B.V.. Throughout the site, the terms “we”, “us”, “our” and "entrepreneur" refer to Shieldingshop B.V.. Shieldingshop B.V. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. We also like to point out our Privacy Policy.

By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Net Ground B.V. and developed by SEOshop Group B.V.. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

INDEX
Article  1 - Definitions
Article  2 - Identity of the entrepreneur
Article  3 - Scope of application
Article  4 - The offer
Article  5 - The agreement
Article  6 - Right of withdrawal
Article  7 - The price
Article  8 - Compliance and guaranty
Article  9 - Delivery and execution
Article 10 - Continuing performance contract: duration, termination and extension
Article 11 - Payment
Article 12 - Complaints procedure
Article 13 - Disputes
Article 14 - Additional or different terms

Article 1 - Definitions

The terms used in these general terms and conditions are defined as follows:

  1. Buyer: the organisation or person who buys Goods from the Entrepreneur;
  2. Cooling - off period: the period which the Buyer can make use of his right of withdrawal;
  3. Day: calendar day;
  4. Duration transaction: a distance contract concerning with a series of products and / or services, whose supply and / or purchase is spread in time;
  5. Durable medium: any storage device that allows the Buyer or the Entrepreneur to store information provided to him personally to be stored in a way that future consultation and unaltered reproduction of the information is made possible;
  6. Goods: products or services to be supplied to the Buyer offered by the Entrepreneur;
  7. Right of withdrawal: the possibility for the Buyer to –within the cooling off period- opt out of the distance contract;
  8. Entrepreneur: the natural or legal person who offers products and / or services to the Buyer at a distance;
  9. Distance contract: a contract which is concluded within the framework of an organized system for the entrepreneur, with the use of one or more means of distance communication;
  10. Technology for distance communication: means that can be used to conclude a contract, without the Buyer and the Entrepreneur are met simultaneously in the same location;
  11. Terms and Conditions: these general Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the entrepreneur

Shieldingshop B.V.
Industrieweg 12
2382 NV Zoeterwoude
The Netherlands
+31 (0)6 2349 5652
Email: info@shieldingshop.com
Chamber of Commerce number: 61081299
VAT identification number: NL8541.97.357.B01

Article 3 - Scope of application

  1. These Terms and Conditions apply to every offer of the entrepreneur and any distance agreement or order between the entrepreneur and the buyer.
  2. Before the distance agreement is concluded, the text of these Terms and Conditions will be made available to the Buyer in such a way that it can be easily stored on a durable data carrier by the buyer. If this is not reasonably possible, then before the distance contract is concluded, the entrepreneur will indicate that the Terms and Conditions can be reviewed and at the request of the buyer will be sent free of charge.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions can be made available to the buyer by electronic means in such a way that the buyer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the Terms and Conditions by electronics means can be found and that the Terms and Conditions, at the buyer’s request, by electronic means or otherwise will be sent free of charge.
  4. In addition to these Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the buyer can, in the event of conflicting terms and conditions, always relay on the applicable provision that is most favorable to him.
  5. When one or more provisions of these conditions are void or destroyed in whole or in part, the agreement and the remainder of these Terms and Conditions and the relevant provision will be replaced by a provision that covers the original as much as possible.
  6. Situations that are not governed in these Terms and Conditions, should be assessed ‘in spirit’ of these terms and conditions.
  7. Lack and clarity about the interpretation or content of one or more provisions of our Terms and Conditions, must be explained ‘tot the spirit’ of these Terms and Conditions.

Article 4 - The offer

  1. If an offer is subject to a limited duration or subject to conditions, this will be explicitly mentioned.
  2. The offer in the web shop is without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the products/services offered. The description is sufficiently detailed to a proper assessment of the offer by the buyer as possible. If the entrepreneur uses illustrations, these are a true reflection of the products/services offered.
  4. All pictures, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Every offer will contain such information that it is clear to the buyer what rights and obligations are involved in accepting the offer. This concerns in particular:
    • the price including taxes;
    • the height of any shipping costs;
    • the way in which the contract shall be concluded and which actions this will require;
    • whether or not the right of withdrawal applies;
    • the arrangements for payment, delivery and performance of the contract or order;
    • the deadline for accepting the offer, or the period within which the entrepreneur guarantees the offered price;
    • the rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic fee for the means of communication used;
    • whether the agreement is filed subsequent to its conclusion, and if so how the buyer can consult it;
    • the way in which the buyer can rectify the information provided under the agreement, before the conclusion of the agreement;
    • Other languages, beside Dutch, an agreement can be entered;
    • The minimum duration of the distance agreement of a duration transaction.

Article 5 - Conclusion of agreement

  1. The agreement is subject to the provisions of paragraph 4 of this article, concluded at the time the Buyer accepts the offer and comply with the corresponding conditions.
  2. If the Buyer has accepted the offer electronically, confirms entrepreneur by electronic means receipt of the order without delay. As long as the order is not confirmed by the entrepreneur, the Buyer may rescind or cancel the agreement free of charge.
  3. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure Web environment. If the Buyer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can-within statutory frameworks- inquire about the Buyer's ability to fulfil his payment obligations, as well as facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this research has good reasons does not enter into the agreement, he is entitled to refuse an order or request special conditions.
  5. The entrepreneur will add to the product or service the following information, in writing or in such a way that the Buyer can store it on an accessible durable medium:
    1. the address of the place of business of the entrepreneur;
    2. the conditions under which and the manner in which the Buyer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. information on existing after-sales service and guarantees;
    4. the conditions in article 4 paragraph 3 of these recorded data, unless the entrepreneur has already provided the Buyer with this data before the implementation of the contract;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or for an undetermined time.
  6. In the event of a duration transaction the previous paragraph applies only to the first delivery.
  7. Any agreement or order is entered under the condition of sufficient availability of the products.

Article 6 - RIGHT OF WITHDRAWAL

www.shieldingshop.com is a Business-to-Business (B2B) platform. The right of withdrawal is a law explicitely made for consumers. In business transactions the buyer cannot exercise the right of withdrawal.

Article 7 - The price

  1. During the period mentioned in the offer, the prices of the offered products/services do not increase, except for prices changes due to changes in VAT rates.
  2. Contrary to the previous paragraph the entrepreneur can offer products whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control, with variable prices. These fluctuations and the fact that any prices are variable will be mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
  4. Prices increases from 3 months after the contract was concludes are only allowed if agreed upon beforehand with the entrepreneur and:
    1. they are the result of statutory regulations or provisions; or
    2. the buyer has the power to terminate the contract on the day on which the prices increase takes effect.
  5. All prices mentioned are inclusive of VAT.
  6. All prices are subject to misprints. The entrepreneur is not liable for misprints. By misprints the Entrepreneur is not obligated to deliver the product according to the incorrect price.

Article 8 - Compliance and warranty

  1. The entrepreneur guarantees that het products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provision and/or Government regulations. If agreed the entrepreneurs also states that the product is suitable for other than normal use.
  2. A warranty by the entrepreneur, manufacturer or importer does not alter the legal rights and claims that the buyer can assert under the agreement with the entrepreneur.
  3. Any defects or wrong products delivered must be reported in writing to the entrepreneurs within 7 days after delivery. Return of the products must be made in the original packaging and new state.
  4. The warranty period of the entrepreneur corresponds to the factory guarantee period. The entrepreneur is not responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
    • The delivered goods have been repaired and/or modified by third parties and/or the buyer;
    • The delivered goods are exposed to unusual circumstances or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.
    • The inferiorly in whole or in part is the result of rules that the Government has asked or will ask about the nature or quality of the materials used.

Article 9 - Delivery and execution order

  1. The entrepreneur will take the greatest possible care in the receiving and the execution and/or delivery of the orders and the services.
  2. The place of delivery is the address that the buyer has notified to the entrepreneur.
  3. Accepted orders will be sent promptly but no later than 30 days after order message, unless the buyer has given permission that a longer delivery period is complied with. If delivery is delayed, or if an order is not or only partially carried out, the buyer will receive a message and has the right to terminate the contract without penalty.
  4. All delivery times are indicative. Exceeding a term gives buyers no right to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount which the buyer has already paid as soon as possible but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will attempt to provide a replacement product. At the latest when the delivery is made, it will be reported that a replacement article is delivered. At replacement articles the right of withdrawal cannot be ruled out. The costs of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests upon the entrepreneur up to the moment of delivery to the buyer, unless otherwise expressly agreed. To the delivery obligation by the entrepreneur is met, once the order is offered to buyer once.

Article 10 - Duration transactions: duration, cancellation and renewal

Cancellation
  1. If the buyer has entered into a contract for an indefinite period, which extends to the regular delivery of products, at any time he can terminate it under the applicable termination rules and at a maximum of one month's notice.
  2. The buyer that had contracted for a definite period, which extends to the regular delivery of products or services, can at any time by the end of the fixed period terminate the agreement under the applicable termination rules and at a notice of one month.
  3. The buyer can, for the agreements mentioned in the previous paragraphs:
    • terminate and not be limited to cancellation at some time or in a given period;
    • cancel at least in the same way as they are entered into by him;
    • cancel to the same notice period as the entrepreneur has stipulated for itself.
    Renewal
  4. The buyer that had contracted for a definite period, which extends to the regular delivery of products or services, may not be automatically extended or renewed for a definite period.
  5. Duration
  6. Agreements with duration of more than one year can be cancelled after one year at any time and with a notice of maximum one month, unless the reasonableness and fairness is an objection against the termination before the agreed duration.

Article 11 - Payment

  1. The buyer has the duty to report inaccuracies in payment data provided or stated without delay to the entrepreneur.
  2. In case of non-payment subject to statutory limitations, the entrepreneur has the right to advance to the buyer reasonable costs to charge.

Article 12 - Complaints procedure

  1. The entrepreneur has a complaints procedure and handles complaints by filling out the complaints procedure.
  2. Complaints about the performance of the contract or an order should be fully and clearly described and submitted to the entrepreneur within 7 days after the buyer has found the flaws.
  3. Complaints are handled within 14 days from the date of receipt. If a complaint requires longer processing time, the entrepreneur will, within the period of 14 days, reply with a message of receipt and an indication when the buyer can expect a more detailed answer.
  4. If the complaint cannot be solved in joint consultation, a dispute arises that is susceptible to the dispute resolution.
  5. With complaints that cannot be solved in joint consultation, the buyer has to contact Stichting WebwinkelKeur (http://www.webwinkelkeur.nl/). Stichting WebwinkelKeur will be mediate for free. If there is no solution after the mediation, the buyer has the possibility to submit the complaint by Stichting GeschilOnline, the decision of Stichting GeschilOnline is binding. The buyer and entrepreneur agree with this binding decision. The submission of a dispute to the arbitration are not for free. The buyer must pay the costs of the arbitration.
  6. A complain does not suspend the entrepreneur of his obligations, unless the entrepreneur indicates in written otherwise.
  7. If the buyer complaint is well-founded, the entrepreneur has the possibility to replace or repair the delivered products for free.

Article 13 - Disputes

  1. Dutch law shall apply exclusively to any dispute, agreements and orders, even if the buyer lives abroad.
  2. The Vienna Sales Convention shall not apply.

Article 14 - Additional or different terms

Additional derogations from these general terms and conditions must not be to the detriment of the buyer and should be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by buyer.


Last updated: 15-Feb-2016