Terms and Conditions - De Machinekamer

Terms and Conditions

 Article 1: Definitions.


De Machinekamer: part of R & O Q-Products. Established in Venhuizen and registered with the chamber of commerce under file number: 37127538.


Customer: a natural person or legal entity that enters into an agreement with de Machinekamer. 


Consumer: a customer(referred to in article 1.2), not acting in the exercise of a profession or business.


Website of De Machinekamer: The website of De Machinekamer. Accesible through: www.demachinekamer.nl.


Products: the most comprehensive definition of a good or a thing. 


Agreement: a distance contract in which the customer buys something through a system organized by de Machinekamer for distance selling.  Whereby  they, until the conclusion of the agreementent, only use one or more technologies for long-distance communication. 


Reflection period: a period in which a consumer has the opportunity to dissolve the purchase through the right of withdrawal. 


Right of withdrawal: The possibility for a consumer to return the ordered product(within the grace period) to ‘de Machinekamer’ and get a refund.


 Article 2: General Provisions.


Provisions of these terms and conditions that apply to a Customer, shall apply mutatis mutandis to a consumer, unless explicitly stated otherwise.


These conditions apply to all offers and all distance contracts of De Machinekamer that extend to the sale of Products.


Any Conditions of Purchase used by Customer, are expressly rejected. Therefore, they are not applicable to agreements contracted with “De Machinekamer”


If one or more provisions of these terms and conditions are totally or partially invalid, or if they could be destroyed, the remaining terms and conditions remain fully applicable.


In these terms, the word ‘written’ can also be regarded as written documents, sent by e-mail, fax or other electronic means to communicate. 


The content of this site and the content of all other expressions of ‘De Machinekamer’ on the Internet has been compiled with the greatest care. De  Machinekamer can’t provide any guarantees regarding the nature, accuracy or content of this information. De Machinekamer is not responsible for any errors, inaccuracies or for the consequences of using the information.


 Article 3: Offers.


The products offered on the website of De Machinekamer contain product specifications and prices in Euro’s(Excluding and including VAT). Shipping  costs are displayed before or during the establishment of the agreement.


The products offered on the website of De Machinekamer contain the most accurate and truthful description and / or image of the product offered.


If the descriptions and / or images as described in Article 3.2 differ in reality, De Machinekamer is not liable for any damages towards the customer. The consumer always maintains his right of withdrawal, as provided in article 6.1.


De Machinekamer provides information about the expected delivery of the Product to the customer, this term is only indicative.


Any import taxes, are at all times on behalf of the customer.


 Article 4: Conclusion of an agreement.


Agreements are realized after the customer accepts the offer created by De Machinekamer and De Machinekamer agrees with this acceptance


Agreements are also created if De Machinekamer starts with the delivery of Products to the Customer after a customer has placed an order through the Website of De Machinekamer.


De Machinekamer is always free to disagree with an offer which is already accepted by the customer. If the customer already paid for his goods, De Machinekamer will refund his money immediately.


 Article 5: Delivery.


After the conclusion of an agreement, De Machinekamer will make the ordered products ready for transport. The transport costs are indicated at the conclusion of an agreement.


After an agreement between De Machinekamer and the customer has been concluded, De Machinekamer will deliver the products as soon as possible.


If De Machinekamer is not able to supply the ordered goods within 70 days, the customer is able to rescind the contract.


 Article 6: Returns Policy.


After receiving the ordered products, the consumer has 14 days to return his products to De Machinekamer. Because of the right of withdrawal, the consumer doesn’t need a valid reason for his return. The right of withdrawal or statutory cooling-off period does not apply to business customers. Business customers do not have the option to cancel or return their purchase.


After receiving the returned goods, De Machinekamer has 30 days to refund the total invoice value to the customer.


If the consumer uses his right of withdrawal, he carries the risk of the shipment and he has to pay the shipping fee.


The consumer should take all the possible measures to prevent any damage to the product and the packaging.


De Machinekamer will never take back any damaged products.


The right of withdrawal does not include custom-made products.


A consumer cannot use his right of withdrawal if the ordered product is within the exception of article 7:46d lid 4 BW.


 Article 7: Warranty.


The customer must check the delivered products immediately after delivery, if there are any defect products you must report this within 7 days.


All the products delivered by De Machinekamer have a warranty period of 1 year.


In case the complaints about the products are declared valid, we offer a repair, a replacement or we refund the invoice value.


The Customer has no warranty as described in this article if it is established that the lack of a product is caused by the fault of the Customer.


 Article 8: Prices and Payment.


The products offered on the website of De Machinekamer contain product specifications and prices in Euro’s(Excluding and including VAT). Shipping  costs are displayed before or during the establishment of the agreement.


Payment must be made during the establishment of the agreement, through the payment method offered on our website, by banktransfer before delivery  or by banktransfer after delivery. 


When the customer does not clear the payment on the final day,  he has to pay an interest of 1,5% each following month. (every first day of the  month counts as a full month).


The customer also have to pay all the (extra) judicial costs of any nature, as a result of the breach of the payment. 


In case of a late payment, De Machinekamer is entitled to terminate the agreement immediately, or suspend delivery until the customer cleared  the  full payment.


Any inaccuracies in the billing should be reported directly to De Machinekamer, after which De Machinekamer will correct the billing amount.


Any Inaccuracies in the billing not relieve the customer of any payment or other obligations set out in these terms and conditions.


 Article 9: Retention of title and intellectual property.


All products of De Machinekamer remain De Machinekamer’s property until the customer fulfils its obligations. The Customer is not authorized to sell, use, transfer or encumber the products  until he fulfils its obligations.


In case that De Machinekamer appeals to the retention of title, the agreement counts as terminated. Excluding the right to claim compensation for  damage, lost profits and interest.


The contents of the website of De machinekamer, including: texts, images, designs, brands and domain names are property of De Machinekamer and  are protected by copyrights and intellectual or industrial property rights which exist under the applicable law.  The users of our website are not permitted to  duplicate, use without permission of De Machinekamer.


 Article 10: Majeure.


 De Machinekamer is not required to fulfil any obligations to the customer, if he is being hampered by a certain circumstance which is not due to his fault, by  virtue of law, a legal act or  a conception during the process


 During the period of majeure, De Machinekamer is authorized to suspend the obligations from the agreement. If the period of majeure takes longer than 30  days, De Machinekamer and the customer are both authorized to cancel the agreement, without any obligations to compensate for any damage suffered by  the other party.


 Article 11: Responsibility.


 If De Machinekamer is held liable, liability is limited to the invoice value of the agreement, at least that part of the agreement to which  the liability relates.


 De Machinekamer only liable for direct damage. Under direct damage should only be understood: 

  • The reasonable costs to determine the cause and extend of damage, as far as the establishment relates to damage within the meaning of these terms.

  • Any reasonable costs to answer the poor performance by De Machinekamer, that can be attributed to De Machinekamer.

  • Reasonable costs, made to prevent or mitigate any damage, insofar as the customer is able to demonstrate that these costs have led to restriction of direct damage as meant in this article.


 De Machinekamer excludes all liability for indirect damage, caused by the use of the products supplied by De Machinekamer, except  situations where  damage is directly caused by intent or gross negligence on the side of De Machinekamer, its directors and / or  managerial  staff.


 De Machinekamer is never responsible for the following loss items: Consequential damages, lost profits, lost savings and damage due to  business  stagnation.


 Article 12: Applicable law and disputes.


 On all legal relationship, where De Machinekamer is the party, De Machinekamer only applies to the Dutch law. The applicability of  the Vienna Sales  Convention is exclude


 The Customer and De Machinekamer will only appeal to the courts after they have made every effort to settle a dispute.


 Unless the Mandatory rules prescribe otherwise, the court in Alkmaar is the first one to take note of a dispute between De  Machinekamer and the customer