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                               Terms and Conditions
Contents:

Article 1 - Identity of the seller
Article 2 - Applicability
Article 3 - Establishment of the agreement
Article 4 - Implementation of the agreement
Article 5 - Suspension and Termination of the agreement
Article 6 - Force Majeure
Article 7 - Pricing
Article 8 - Buyer’s Obligations
Article 9 - Reservation of Title
Article 10 - Guarantee, Inspection and Periods of Limitation
Article 11 - Claims
Article 12 - Recourse
Article 13 - Liability
Article 14 - Transfer of Risk
Article 15 - Indemnification
Article 16 - Privacy
Article 17 - Disputes and Applicable Law

Article 1 – Identity of the seller
Seller: ANPHON LED LIGHTS
Registered address & business address:
Penningweg 34B
4879 AG  Etten/Leur
The Netherlands
Chamber of Commerce number: 61268747
VAT Number: NL854277420B01

Article 2 - Applicability
1. The Terms and Conditions apply to all quotations and offers made by ANPHON to any buyer acting in the
capacity of his/her occupation or business and any orders by such buyer and any agreements regarding
the delivery of goods and/or services by ANPHON and the purchase thereof by such buyer. These
general terms and conditions do not apply to a buyer acting in the capacity of consumer, for whom
separate general terms and conditions apply.
2. Derogations from these terms and conditions shall be valid only if they have been explicitly
agreed in writing.
3. The application of the buyer’s purchasing terms or other Terms and Conditions is expresslyrejected.
4. Should one or more of the provisions of the Terms and Conditions at any time become partially or
wholly invalid or unenforceable, the remainder of the provisions shall remain in fulleffect.
5. In case of invalid or unenforceable provisions, the Parties shall enter consultations with the aim of
agreeing an alternative valid and enforceable provision, whereby the scope of the agreement is
maintained.





6. Should ANPHON LED LIGHTS at any time refrain from requiring strict compliance with the Terms and Conditions, this shall have no bearing on the applicability of the provisions, which remain in full effect, or in any way limit ANPHON right to require strict observance of theprovisions.
7. This document is a translation of the original Dutch version of the applicable general terms and
conditions. While every effort has been made to ensure the accuracy and completeness of the translation, in case of a discrepancy between the two versions the Dutch original is binding.

Article 3 – Establishing the agreement
1. All offers and quotes by ANPHON are free from obligation and may be revoked, even when they
include an acceptance term.
2. An agreement is concluded when the buyer accepts the offer or quote, followed by the acceptance
thereof by ANPHON. Such acceptance has no prescribed format and may manifest itself through
the commencement of the agreement’s implementation by ANPHON LED LIGHTS, e.g. the shipping of an order.
3. ANPHON LED LIGHTS is not bound by an acceptance that derogates from the offer or quote. The agreement is not concluded in accordance with the deviating acceptance unless otherwise indicated by ANPHON LED LIGHTS.
4. A composite price quote does not oblige ANPHON LED LIGHT to carry out a part of the order or assignment for the corresponding partialprice.
5. Offers and quotes do not automatically apply to future orders.
6. Every agreement is concluded under the suspending condition that the buyer’s solvency is
sufficiently proven and/or guaranteed. If requested, the buyer shall provide ANPHON LED LIGHTS with sufficient security.

Article 4 – Implementation of the agreement
1. Continuing performance agreements are concluded for an indefinite period of time, unless the natureof the agreement requires otherwise or the parties have expressly agreed otherwise inwriting.
2 . Delivery dates communicated or agreed upon are approximate only and ANPHON LED LIGHTS shall not be liable for, nor shall ANPHON LED LIGHTS be in breach of its obligations to buyer for any delivery made within a reasonable time before or after such delivery date. If a delivery date has been exceeded, the buyer is required to give ANPHON LED LIGHTS written notice of failure to deliver and a reasonable time in which to cure.
ANPHON LED LIGHTS shall not be liable for damages suffered by buyer due to an exceeded delivery date for whatever reason, unless otherwise agreed expressly in writing.
3. The delivery address shall always be – in absence of a contrary arrangement – the actual address of the buyer or the address specified by the buyer in the order and/or the address of the buyer’s
branch that has entered the agreement.
4. The buyer is not entitled to transfer the rights and obligations arising from the agreement to a third party without the written consent of ANPHON LED LIGHTS. This consent may be subject toconditions.
5. ANPHON LED LIGHTS has the right to carry out the agreement in several stages and may invoice the completedstages separately.

Article 5 – Suspension and termination of the agreement
1. ANPHON LED LIGHTS is authorized to, at her discretion, suspend the performance of her obligations or terminate the agreement in the case of:
a) the buyer’s failure to perform or the buyer’s incomplete or late performance;
b) circumstances becoming known to ANPHON LED LIGHTS after the conclusion of the agreement, that give rise to serious suspicion of the buyer's failure toperform;
c) the buyer’s failure to provide security or failure to provide sufficient security forthe
performance of his obligations as requested upon concluding the agreement;
d) delays in the execution of the agreement, attributable to the buyer, because of which
ANPHON LED LIGHTS can no longer be expected to execute the agreement under the originally agreed conditions;
e) force majeure, as stipulated in article 6 of these terms and conditions, or the occurrence of
such circumstances because of which the performance and execution of the agreement by
ANPHON LED LIGHTS becomes impossible or the unaltered continuation of the agreement cannot
reasonably be demanded.
2. In the event of termination or suspension by ANPHON LED LIGHTS under paragraph one of this article, ANPHON LED LIGHTS is in no way liable for damages or costs suffered by the buyer. Any of ANPHON LED LIGHTS claims on the buyer, arising from the termination of the agreement are immediately due andpayable.
3. If the termination or suspension of the agreement by ANPHON LED LIGHTS is the result of a failure attributable to the buyer, ANPHON LED LIGHTS is entitled to claim the full damages from thebuyer.
4. If the buyer completely or partially cancels a registered order, ANPHON LED LIGHTS shall claim the costs of ordered materials by charging the buyer a restocking fee in the amount of 20% of the sales value of the canceled (partial) order.

Article 6 – Force Majeure
1. Force Majeure consists of circumstances beyond the control of ANPHON LED LIGHTS of such a nature that the performance or continued performance of the agreement by ANPHON LED LIGHTS cannot reasonably be demanded. This includes, but is not limited to, thefollowing:
a) the failure of performance, incomplete, incorrect or late performance by any third party
(including by the buyer) related to ANPHON LED LIGHTS ownperformance;
b) strikes within ANPHON LED LIGHTS or thirdparties;
c) transportation disruptions;
d) government measures that prevent ANPHON LED LIGHTS from performing her obligations properly or in a timely manner;
e) riots, civil disturbance, war;
f) extreme weather conditions;
g) fire;
h) import-, export-, or transitembargoes.
2. In the event of temporary force majeure, ANPHON LED LIGHTS has the right to choose to suspend deliveries during this time or terminate the as-yet unperformed part of the agreement, without any
obligation to pay damages. Should this period exceed two months, the buyer attains the right to
terminate the as-yet unperformed part of the agreement.

Article 7 - Pricing
1. All prices employed by ANPHON LED LIGHTS are based on price-determining factors valid at the time of submission of offers and quotes.
2. Unless expressly agreed otherwise, the prices applied by ANPHON LED LIGHTS are exclusive of VAT, other government levies, shipping, porto and packing costs and other costs arising from the agreement, including travel, accommodation and administrationcosts.3. Should ANPHON LED LIGHTS and the buyer agree on a fixed price, INTOLED nevertheless has the right to raise
this price at any time without giving the buyer the right to terminate the agreement as a result of
the rise in price derives from a legal right or obligation based on the law, or is the result of the
increased price of fuel, wages, production costs, currency exchange rates et cetera, or other
grounds that could not reasonably have beenforeseen.






Article8 – Buyer’s Obligations
1. The buyer is obliged to enable ANPHON LED LIGHTS to makedeliveries.
2. The buyer guarantees at his own expense and riskthat:
a. ANPHON LED LIGHTS will be provided with the cooperation necessary for fulfillment ofobligations;
b. the ordered products and/or services will beaccepted;
c. delivery shall take place under normal working conditions, during normal office hours on
working days from09.30–17.00;
d. in case of installation by ANPHON LED LIGHTS:
i. activities carried out by third parties, not part of the work assigned to ANPHON LED LIGHTS, will
be carried out in a proper and timely manner, and without hindrance to the work
tasked to ANPHON LED LIGHTS;
ii. light and energy supplies will be made available within a reasonable distance and
the premises where work is being carried out are kept clean, dry and sufficiently
heated;
e. in case of a delivery to a location or floor specified by the buyer, that the products to be
delivered may be transported to the delivery location with a suitable lift or alternative means
of transport, and that the transport of the products through the building remains
unhindered.
3. If delivery of the ordered products and/or services is offered, but delivery was deemed impossible
because the buyer failed to comply with one of the obligations listed above in paragraphs 1 and 2,
delivery shall be considered rejected. From that moment the buyer enters into immediate default,
without requiring further notice of default by ANPHON LED LIGHTS. The delivery date of the ordered products and/or services shall be considered the day of the rejected delivery. Risk of loss in the products shall pass to the buyer upon such determined deliverydate.
4. Without prejudice to the buyer’s obligation of payment, the buyer shall be liable to compensate
any damages or costs incurred because of the rejection of delivery as defined in paragraph 3;
including storage and transport costs, the latter conforming to usual local prices.

Article 9 – Retention of Title
1. Title in the products delivered by ANPHON LED LIGHTS shall not pass to buyer until the buyer has fulfilled all his obligations towards ANPHON LED LIGHTS infull.
2. The products delivered by ANPHON LED LIGHTS, covered by the retention of title defined in paragraph 1 of this article, may not be sold and may not be used as a form of payment. The buyer is not authorized to pledge or otherwise encumber products falling under titleretention.
3. The buyer is, notwithstanding paragraph 1 of this Article, authorized to employ the products supplied by ANPHON LED LIGHTS in the scope of normal businessoperations.
4. The buyer shall always do everything reasonably expected of him to secure the property rights
of ANPHON LED LIGHTS.
5. Should third parties seize the products covered by title retention or the rights arising from the
products, the buyer is obligated to inform ANPHON LED LIGHTS immediately.
6. The buyer must insure and maintain insured the products delivered under retention of title, against fire, explosion and water damage, as well as against theft, and submit the insurance policy to ANPHON LED LIGHTS at first request. INTOLED is entitled to the payments in the event of payouts of the insurance policy. Insofar as necessary, the buyer commits himself in advance to offer cooperation and assistance to ANPHON LED LIGHTS as far as necessary ordesirable. Should ANPHON LED LIGHTS choose to execute her property rights as referred to in this article, the buyer gives advance, unconditional and irrevocable consent to ANPHON LED LIGHTS and third parties, authorized by ANPHON LED LIGHTS, to enter all premises where the property of ANPHON LED LIGHTS is located to recover the products.

Article 10 – Warranties, inspection and terms of limitation
1. The products delivered by ANPHON LED LIGHTS comply with the usual requirements and standards reasonably applicable at the moment of delivery and for their intended purpose according to normal use in the Netherlands. The warranty defined in this article is applicable to products intended for use within the Netherlands. For use outside of the Netherlands, the buyer is responsible for verifying whether the product is suitable for use there and whether the product meets all requirements. In that case, ANPHON LED LIGHTS may apply different warranties and conditions with respect to the delivery of products or performance of activities.
2. The warranty defined in paragraph 1 of this Article is not applicable to products manufactured by
third parties. For such products, the warranty is limited to the warranty offered by the third party
(the manufacturer’s warranty) unless otherwise agreed in writing.
3. Refurbished products and products for which it has been agreed with the buyer that they are not in new condition are covered by a warranty of threemonths.
4. If a product under warranty no longer functions or functions properly, the buyer shall notify ANPHON LED LIGHTS as soon as possible in writing. The buyer shall await instruction from ANPHON LED LIGHTS before returning the product.
5. All forms of warranty expire if the defect occurs as the result of or arising from improper or
inappropriate use of the product, lacking maintenance, intent or gross negligence, improper storage or maintenance by the buyer and/or third parties, or if the buyer or third parties have, without the
written consent of ANPHON LED LIGHTS, made or attempted to make changes to the product, attached other items not intended to be attached, or the product was processed or modified in a non-compliant manner. The buyer is also not entitled to bring claims under the warranty if the defect is the result of or arises from circumstances beyond the control of ANPHON LED LIGHTS, including weather conditions (for example, but not limited to extreme rainfall or temperatures) et cetera.
6. Any defect, occurring during the normal and proper use of a product, shall be, at the choosing of
ANPHON LED LIGHTS, repaired or replaced with an equivalent product, at the written request of the buyer within the warranty period, at no cost.
7. The same conditions apply to a ANPHON LED LIGHTS three-month guarantee for repairs. In this case, transport costs shall be covered by ANPHON LED LIGHTS; the buyer remains required to carefully comply withshipping instructions.
8. Should it be established that a complaint is unfounded, any related costs incurred by ANPHON LED LIGHTS (including costs of investigation) shall be paid in full by the buyer.
9. After the warranty period, all costs of repair or replacement, including administration, shipping and call- out charges shall be invoiced to the buyer.
10. Notwithstanding and in derogation from the statutory period of limitation, the period of limitation is one year, for all claims and defenses against ANPHON LED LIGHTS and third parties involved in the execution of the agreement by ANPHON LED LIGHTS.

Article 11 - Claims
1. The buyer is required to examine the delivered products immediately after the products are made
available. The buyer is thereby required to determine if the quality and quantity of the delivered
products comply with the agreement and fulfills the requirements agreed between the parties in that
respect. ANPHON LED LIGHTS shall be notified of any visible non-conformities in writing within 48 hours after delivery. ANPHON LED LIGHTS shall be notified of any non-visible defects/non-conformities immediately, in any case within 14 days of discovery. The notice shall include a detailed description of the defect, to enable ANPHON LED LIGHTS to react adequately. The buyer shall provide ANPHON LED LIGHTS with the opportunity to investigate a claim.
2. Damage to the packaging and/or outer carton of the product, visible at the moment of delivery, shall be indicated on the consignment note, packing slip or scan terminal of the delivery service or carrier. If no such notice of a defect is made, the buyer forfeits his right to repair, replacement and
compensation.
3. A timely complaint by the buyer does not suspend his obligation of payment. In such a case, the
buyer maintains the obligation of acceptance and payment for additionally ordereditems.
4. If notice of defect is given later, the buyer forfeits his right to repair, replacement andcompensation.
5. Products subject to complaint shall be returned to ANPHON LED LIGHTS only with the express prior consent of ANPHON LED LIGHTS. Returns shall include the original packaging and the buyer remains nevertheless bound to carefully comply with shipping instructions. ANPHON LED LIGHTS retains the right to require shipment of such returns to a specified address.
6. If the non-conformity of a product is established and a complaint has been made in a timely manner, ANPHON LED LIGHTS shall, within a reasonable period after receiving the return shipment, or should return of the product not reasonably be possible, the written notification of the non-conformity by the buyer, choose to replace or repair the product, or compensate the buyer with a discount. Should ANPHON LED LIGHTS choose to replace the product, the buyer is required to return the replaced item to ANPHON LED LIGHTS and –insofar ownership had been transferred to the buyer – transfer ownership back to ANPHON LED LIGHTS, unless otherwise indicated by ANPHON LED LIGHTS.
7. Complaints regarding invoices shall be submitted in writing within five working days after the date
of sending the invoice.
8. Statutory provisions concerning distance agreements do not apply to the agreement between
ANPHON LED LIGHTS and the buyer.

Article 12 - Recourse
1. Unless otherwise agreed in writing, the buyer is considered the end-user and shall not resell the
purchased products in the scope of his occupation orbusiness.
2. In the event of resale by the buyer, claims of damages arising from Article 6:25 of the Civil Code will only be considered:
a. if the buyer was not aware and ought not to have been aware of the facts related to the
product’s defects;
b. insofar as the buyer demonstrates that the defects are not the result of circumstances arising
after delivery of the product to the buyer;
c. after the buyer transfers the product, the completed ANPHON LED LIGHTS RMA form, the certificate of purchase and delivery slip to ANPHON LED LIGHTS;
d. after the buyer provides a written statement from the end-user assigning his rights arising
from product liability to the buyer, together with the buyer’s statement assigning the above
rights to ANPHON LED LIGHTS.
3. ANPHON LED LIGHTS shall not reimburse any investigation or handling fees or other costs (including costs incurred in for the finding/collecting of data and documents such as a purchase invoice, or storage and disposal costs) the buyer incurs in the filing, administration, referral or settlement of a damages claim. In the case of a re- selling buyer, these activities shall be considered to fall within the scope of the buyer’s normal business operations.

Article 13 - Liability
1. Should ANPHON LED LIGHTS be held liable, this liability is limited as defined in the followingprovision.
2. ANPHON LED LIGHTS is not liable for damages of any nature that are the result of ANPHON LED LIGHTS assumptions based on incorrect or incomplete information provided by the buyer.
3. Should ANPHON LED LIGHTS be held liable for any damages, ANPHON LED LIGHTS liability shall be limited to the maximum of one time the invoice value of the order or at most to the invoice value of the part of the order forming the basis for liability.
4. ANPHON LED LIGHTS liability shall always and in any case be restricted to the sum paid out by her insurerin that particular case.
5. ANPHON LED LIGHTS is liable exclusively for direct damages; never for indirect damages. Indirect damages include consequential damages, loss of profit, lost savings or interrupted business operations.
6. The restrictions and limitations to liability defined in this Article do not apply if the damages are the result of intent or gross negligence on the part of ANPHON LED LIGHTS or her managerialemployees.

Article 14 – Transfer of Risk
1. The risk of loss, damages or depreciation of products shall pass to the buyer upon delivery.

Article 15 - Indemnification
1. The buyer indemnifies ANPHON LED LIGHTS for, defends and holds harmless from, third party claims for damages to the third party arising from the implementation of the agreement and which cannot be attributed to ANPHON LED LIGHTS.
2. If ANPHON LED LIGHTS is subject to third party claims, the buyer is obliged to defend and aid ANPHON LED LIGHTS in ensuing judicial and extra-judicial proceedings and immediately take all expected steps. Should the buyer fail to take adequate measures, ANPHON LED LIGHTS is entitled to take such action without reminder or notice of default. All resulting costs and damages incurred by ANPHON LED LIGHTS and third parties shall be at the expense and risk of the buyer.

Article 16 - Privacy
1. ANPHON LED LIGHTS D handles all personal data in compliance with applicable law, in particular with the Data Protection Act.
2. All data provided by the buyer are used exclusively by ANPHON LED LIGHTS for the conclusion and execution of the agreement (including the additional provisions, including these Terms and Conditions), as well as insofar as necessary for the operation of ANPHON LED LIGHTS. Data are shared with third parties as necessary for the above purposes.

Article 17 – Disputes and applicable law
1. Dutch law exclusively governs all legal relations whereby ANPHON LED LIGHTS constitutes one of the parties, even
when the contract is to be partially or wholly executed outside of the Netherlands or when a party to
the relevant agreement is domiciled there. The application of the UN Convention on Contracts for the
International Sale of Goods is expressly excluded.
2. All disputes shall be brought in the first instance before the competent court of the district of
North-Brabant, provided that ANPHON LED LIGHTS is entitled to bring the dispute in a different court which would,
should the previous provision be disregarded, be competent to exercise jurisdiction inthematter.
3. The parties shall only bring the dispute before a court after their best efforts to solve the dispute
through mutual consultation.
4. Should one of the parties deem there to be a dispute and wish to file a claim, the party shall notify
the opposing party in writing, with a description of thedispute.
 

Kunden bewerten uns mit

Firmeninformation

ANPHON LED LIGHTS
Penningweg  34B
4879  AG  Etten-Leur
Die Niederlande
HK-Nr.  61268747 
UST-id. NL854277420B01 
E-mail: info@ledpanelsb2b.com
Tel:   +31 (0)76 56 21 313
Mob / WhatsApp: +31 (0)6 108 035 89
*** Öffnungszeiten ***
Montag bis Freitag: 9:30 bis 17:00 Uhr
Wochenende: nach Vereinbarung

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