Terms and Conditions
General Delivery Conditions
All offers, orders and agreements of Praxtour BV (hereinafter Praxtour) are exclusively subject to the General Terms and Conditions of Delivery (hereinafter: 'Conditions') of Praxtour, as filed with the Chamber of Commerce in Apeldoorn, under number 08139081.
Accepting an offer or placing an order means that the customer accepts the applicability of these Terms and Conditions.
The provisions of these Terms and Conditions can only be deviated from after written notification or approval by Praxtour, in which case the other provisions will remain in full force and effect.
These terms and conditions respect the customer's rights arising from the law (or the sales contract).
OFFERS / AGREEMENTS
An agreement is only concluded after acceptance of the order by Praxtour.
Praxtour is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Praxtour will inform you within ten (10) days after receipt of the order.
If the agreement is dissolved due to acts or omissions of the customer, Praxtour will be entitled to charge the customer for the costs reasonably incurred by it, subject to the obligation to specify these to the customer.
PRICES AND PAYMENTS
The prices stated for the products and services offered are in Euros, exclusive of VAT and exclusive of shipping costs, unless otherwise stated or agreed in writing.
The prices charged by Praxtour will be maintained, unless there are obvious printing errors, mistakes or price changes that have been imposed in the meantime. Praxtour is at all times entitled to pass on government-imposed price changes or levies.
Deliveries are always made against payment in advance or cash payment at the time of delivery. If otherwise agreed, this must be recorded in writing and the payment term agreed herein applies.
If the payment term is exceeded, the customer is in default from the day payment should have been made and the customer owes default interest of 1% per month or part of a month on the outstanding amount from that day. If payment is made after a reminder by Praxtour, the customer owes an amount of € 75.00 in administration costs. When paying by bank or giro, the date of payment is the date of crediting the giro or bank account of Praxtour.
If Praxtour outsources its claim for collection, the customer also owes the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to Praxtour's authority to instead claim the actually incurred extrajudicial collection costs.
Praxtour confirms the delivery date to the customer by e-mail or telephone. If the delivery cannot take place on this date and also not in the following 21 days, solely due to causes not attributable to the customer, Praxtour will inform the customer without delay and offer the possibility to cancel the agreement free of charge. dissolve.
In that case, any payments made will be refunded to the customer as soon as possible, but no later than 14 days after notification.
In the event of force majeure, Praxtour has the right, at its own discretion, to suspend the execution of the order or to dissolve the agreement without judicial intervention, by notifying the customer in writing and without Praxtour being obliged to make any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
Force majeure is understood to mean any shortcoming that cannot be attributed to Praxtour, because it is not due to its fault and is not for its account under the law, legal act or generally accepted standards.
The customer has the obligation to examine upon delivery whether the products comply with the agreement. If this is not the case, the customer must notify Praxtour of this as soon as possible and in any case within ten (10) days after delivery, at least after observation was reasonably possible, in writing and with reasons.
If it is demonstrated that the products do not comply with the agreement, Praxtour has the choice to replace the products concerned with new products upon return.
Ownership of the delivered products only transfers if the customer has paid all that which was owed to Praxtour under the agreement. The risk with regard to the products is already transferred to the customer at the time of delivery.
The customer must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by Praxtour.
Praxtour accepts no liability if the user of the products it supplies does not expressly adhere to the enclosed user manual, nor if there is injudicious use.
The use of Praxtour is entirely at the user's own risk and responsibility.
In the case of health problems, physical abnormalities, cardiovascular diseases as well as skin diseases and/or problems, it is urgently advised to contact the general practitioner in advance.
Praxtour's liability is limited to the amount covered by the Praxtour insurance policy, if and insofar as liability is covered by this insurance.
If the insurance does not pay out in any case or if the damage is not covered by the insurance, the liability is limited to the amount of the invoice.
Praxtour is fully liable in the event of intent or gross negligence on the part of Praxtour or its employees.
Praxtour is not liable for delays or improper transmission of order data and communications as a result of the use of the Internet or any other means of communication between the customer and Praxtour, unless and insofar as there is intent or gross negligence on the part of Praxtour.
The warranty on the Praxtour including parts supplied (touch screen), monitor, computer and repair costs is 1 year.
No warranty claim exists and any warranty is void if the defect is the result of:
a. maintenance / repair work not performed by Praxtour;
b. improper use, therefore use for a purpose other than that for which the product is intended;
c. the use of non-original Praxtour parts;
d. changes to the product made without Praxtour's permission;
e. normal wear and tear and/or poor maintenance;
f. external influences, such as the effect of moisture (perspiration moisture, condensation or otherwise).
In accordance with the statutory regulations as described in the Distance Selling Act, Praxtour will refund the full purchase amount within 30 days if the Praxtour is returned by the customer within the cooling-off period of 7 days.
Returns of accessories and route films are only accepted if the packaging of the product is undamaged.
Costs for returns, not covered by the warranty, are for the account of the customer.
If the customer provides Praxtour with an address in writing, Praxtour is entitled to send all orders to that address, unless the customer provides Praxtour in writing with another address to which the orders must be sent.
If Praxtour allows deviations from these Conditions, whether tacitly or not, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these Conditions. The Customer can never assert any right on the grounds that Praxtour applies these Conditions flexibly.
If one or more of the provisions of these Terms and Conditions or any other agreement with Praxtour should conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new legally permissible comparable provision to be determined by Praxtour.
Praxtour reserves the right to change its products without prior notice.
Praxtour is authorized to use third parties for the execution of your order(s).
APPLICABLE LAW AND COMPETENT COURT
Dutch law applies to the agreements to which these terms and conditions apply and to the agreements arising therefrom.
All disputes will be settled by the normal competent Dutch Court under Dutch law, unless the parties agree in advance in writing to have the dispute settled by a Disputes Committee.
It is possible that you are not satisfied with our products. Please contact us as soon as possible, preferably by e-mail: firstname.lastname@example.org. We will respond to your complaint within 30 days at the latest. If we cannot resolve the matter together, you can submit your complaint to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP THE HAGUE, telephone number 070 3105310. The committee's decision is binding. If you are (partially) successful, the complaint fee will be (partially) refunded to you.