Orders & Shipping

DELIVERY CONDITIONS Legal Schakel Depot

Definitions

1. Schakel Depot: Schakel Depot, located in Wieringerwerf under Chamber of Commerce number 74457233. 2. Customer: the person with whom Schakel Depot has entered into an agreement.
3. Parties: Connect Depot and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of delivery conditions

1. These terms and conditions of delivery apply to all work, orders, agreements and deliveries of services or products by or on behalf of Schakel Depot.

2. Parties may only deviate from these terms and conditions of delivery if they have expressly agreed to this in writing.

3. The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or third parties.

Consequences of not paying on time

1. If the customer does not pay within the agreed term, Schakel Depot is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default. , where part of a month is counted as a whole month.

2. If the customer is in default, he also owes Schakel Depot extrajudicial collection costs and any compensation.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, Schakel Depot may suspend its obligations until the customer has paid

   payment obligation has been met.

5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims are

   van Schakel Depot immediately due and payable to the customer.

6. If the customer refuses to cooperate with the execution of the agreement by Schakel Depot, he is still liable

   obliged to pay the full agreed price to Schakel Depot.

Right of advertising

1. As soon as the customer is in default, Schakel Depot is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

2. Schakel Depot invokes the right of recovery by means of a written or electronic communication.

3. As soon as the customer has been informed of the invoked right of recovery, the customer must return the products where this is required

   right to immediately return it to Schakel Depot, unless the parties agree otherwise

   to make.

4. The costs for retrieving or returning the products will be borne by the customer.

Right of withdrawal

1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product that has been tailor-made or adapted especially for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal of the delivered item is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
the product is not a trip, ticket, catering order or form of leisure activity
the product is not a separate magazine or newspaper
it does not concern an (order for) emergency repair

the consumer has not waived his right of withdrawal

the consumer has not waived his right of withdrawal

2. The reflection period of 14 days as referred to in paragraph 1 starts:
   on the day after the consumer has received the last product or part of 1 order as soon as the consumer has received the first product with a subscription
   as soon as the consumer has purchased a service for the first time
   as soon as the consumer has confirmed that he will purchase digital content via the internet

3. The consumer can make known his right of withdrawal via Schakeldepot@gmail.com, if desired using the withdrawal form that can be downloaded from the Schakel Depot website, www.SchakelDepot.nl.

4. The consumer is obliged to return the product to Schakel Depot within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, then

the costs for returning the entire order will be borne by the consumer.

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

1. Schakel Depot can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to Schakel Depot, unless the customer has provided sufficient security for those costs.

2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Schakel Depot.

3. Schakel Depot is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to Schakel Depot against a claim against Schakel Depot.

Retention of title

1. Schakel Depot remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Schakel Depot, including claims regarding failure to comply with the agreement.

2. Until then, Schakel Depot can at any time invoke its retention of title and take back the goods.

3. Before ownership has been transferred to the customer, the customer may not pledge, sell or dispose of the products

   or otherwise object.

4. If Schakel Depot invokes its retention of title, the agreement will be deemed to have been dissolved

   Switch Depot has the right to claim damages, lost profits and interest.

Delivery

1. Delivery takes place while supplies last.

2. Delivery takes place at Schakel Depot, unless the parties have agreed otherwise.

3. Delivery of products ordered online will take place at the address specified by the customer.

4. If the agreed amounts are not paid or are not paid on time, Schakel Depot has the right to

   to suspend obligations until the agreed part has been paid.

5. Late payment constitutes creditor default, resulting in the customer not accepting late delivery

   Switch Depot can object.

Delivery time

1. The delivery times stated by Schakel Depot are indicative and do not give the customer any rights if they are exceeded

1. The delivery times stated by Schakel Depot are indicative and do not entitle the customer to termination or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Schakel Depot.

3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Schakel Depot cannot deliver within 14 days of being notified in writing or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products he has ordered can take place on time.

Delivery and transfer of risk

The risk of loss, damage or depreciation of a purchased item passes to the customer at the time the item is placed in the customer's control.

Transportation costs

Transport costs are borne by the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have the forwarder or delivery person make a note of this before receiving the product, failing which Schakel Depot cannot be held liable for possible damage.

2. If the customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Schakel Depot prior to transport, failing which Schakel Depot cannot be held liable for any damage.

Storage

1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the customer.

Guarantee

1. The warranty regarding products only applies to defects caused by defective manufacturing, construction or materials.

2. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time when they are legally and/or actually delivered, or at least come into the power of the customer or a third party. third party who receives the product on behalf of the customer.

Exchange

1. Exchanging purchased items is only possible if the following conditions are met:

Exchanges take place within 14 days of purchase upon presentation of the original invoice
the product is returned in the original packaging or with the original (price) tags still attached
the product has not yet been used

2. Discounted items, non-perishable items such as food, custom-made items or especially for the

2. Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer cannot be exchanged.

Disclaimer

The customer indemnifies Schakel Depot against all claims from third parties related to the products and/or services supplied by Schakel Depot.

Complaints

1. The customer must examine a product or service provided by Schakel Depot as soon as possible for any shortcomings.

2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Schakel Depot of this as soon as possible, but in any case within 1 month after discovering the shortcomings.

3. Consumers must inform Schakel Depot within 2 months of discovering the shortcomings.

4. The customer provides as detailed a description as possible of the shortcoming, so that Schakel Depot is able to respond adequately.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to ongoing work, this cannot in any case lead to Schakel

   A deposit can be kept to carry out work other than that agreed.

Notice of default

1. The customer must provide notice of default in writing to Schakel Depot.

2. It is the customer's responsibility that a notice of default at Schakel Depot is actually given (in a timely manner).

   reaches.

Joint and several liability of the customer

If Schakel Depot enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Schakel Depot under that agreement.

Liability Switch Depot

1. Schakel Depot is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.

2. If Schakel Depot is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.

3. Schakel Depot is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.

4. If Schakel Depot is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy and, in the absence of (full) payment by an insurance company of the damage amount, liability is limited to the (part of the) invoice amount on which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from Schakel Depot will in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

1. The customer has the right to terminate the agreement if Schakel Depot attributably fails to do so

1. The customer has the right to terminate the agreement if Schakel Depot imputably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.

2. If the fulfillment of the obligations by Schakel Depot is not permanently or temporarily impossible, dissolution can only take place after Schakel Depot is in default.

3. Schakel Depot has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if Schakel Depot has become aware of circumstances that give him good reason to fear that the customer has will not be able to properly fulfill its obligations.

Force majeur

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Schakel Depot to fulfill any obligation towards the customer cannot be attributed to Schakel Depot in a situation independent of the will of Schakel Depot, as a result of which the fulfillment fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Schakel Depot.

2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3. If a force majeure situation occurs as a result of which Schakel Depot cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Schakel Depot can meet them again.

4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.

5. Schakel Depot is not obliged to pay any compensation (damage) in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Changes to the agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Change of delivery conditions

1. Schakel Depot is entitled to change or supplement these terms and conditions of delivery.

2. Changes of minor importance can be made at any time.

3. Schakel Depot will discuss major substantive changes with the customer in advance as much as possible.

4. A consumer is entitled to terminate the agreement in the event of a material change to the delivery conditions

   say.

Transfer of rights

1. Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Schakel Depot.

2. This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2 of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these terms and conditions of delivery prove to be void or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Schakel Depot had in mind when drawing up the terms and conditions.

Applicable law and competent court

1. These delivery conditions and every agreement between the parties are exclusively governed by Dutch law.

2. The Dutch court in the district where Schakel Depot is located has exclusive jurisdiction

2. The Dutch court in the district where Schakel Depot is located has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.

Applicability of delivery conditions

1. These delivery conditions apply since December 1, 2021.