... Skip to content

Terms and Conditions

General Webshop Terms and Conditions

General Webshop Terms and Conditions P. Bakker Steenbergen B.V., located in Steenbergen,
registered with the Chamber of Commerce under number 20141681

Contents
Article 1. Identity of the entrepreneur
Article 2. Definitions
Article 3. Applicability
Article 4. Quotations, offers and agreements

Services
Article 5. Services
Article 6. Acceptance and reflection period
Article 7. Retention of title and security Article 8. Delivery

Other provisions
Article 9. Payment
Article 10. Termination
Article 11. Liability
Article 12. Complaints and warranty
Article 13. Intellectual Property
Article 14. Disputes

Article 1 Identity of the entrepreneur
P. Bakker Steenbergen B.V.
van Andelstraat 3b
4651 TA Steenbergen NL
Netherlands telephone number: +31-167-566850
Email: info@bakker-steenbergen.nl
Chamber of Commerce number: 20141681
VAT number: NL 8112.79.005B01

Article 2 Definitions
• General terms and conditions: these general terms and conditions, regardless of the form in which they are presented be made known. Both on paper and electronically.
• Services: all work and other activities that are the subject of any offer, quotation, agreement or other legal act in the relationship between the Contractor and
Client.
• Products: all movable property that is the subject of any offer, quotation or agreement or other legal act in the relationship between the Contractor and the Client.
• Agreement: the agreement between the Contractor and the Client on the basis of which The Contractor provides Services and/or Products for the Client.
• Contractor: P. Bakker Steenbergen B.V.
• Client: natural or legal person who enters into an agreement with the Contractor has concluded or for the benefit of whom the legal act has been/is being performed on the basis of which Services and/or Products are supplied to this party.
• Consumer: a natural person who is the Client and purchases Services and/or Products and who is not acting in the exercise of a profession or business.

Article 3 Applicability of general terms and conditions
1. The general terms and conditions apply to and form part of all offers, quotations, agreements and other legal acts, regardless of whether these are oral,
have been made in writing, electronically or in any other form, regarding delivery of aerosol cans and related items by the Contractor to or for the benefit of
client.
2. The general terms and conditions also apply to Services and/or Products The Contractor has fully or partially obtained services from third parties and these, whether or not edited, delivered to the Client, as well as on Services and/or Products that are intended to implement the offer, quotation, agreement or other
legal act on behalf of the Contractor by a third party to the Client delivered.
3. Deviations from or additions to these general terms and conditions are only valid if these be expressly and in writing in advance by the Contractor and the Client agreed.
4. The Contractor and the Client expressly point out the applicability of any general (purchase or sale) conditions of the Client.
5. If and insofar as any provision of the general terms and conditions is declared null and void or is destroyed, the other provisions of the general terms and conditions will remain unaffected remain in force. The Contractor and Client will then consult with each other
enter into a new provision to replace the void/nullified provision, whereby the scope and purpose of the void/nullified provision is taken into account as much as possible taken.
6. If there is uncertainty regarding the interpretation of one or more provisions of this general terms and conditions, or a situation arises between the parties that is not covered by these general terms and conditions have been arranged, then the explanation must be made ‘in the spirit’ of these provisions.
7. If a situation arises between the parties that is not covered by these general terms and conditions has been arranged, then this situation must be assessed in the spirit of these general rules conditions.
8. If the Contractor does not always require strict compliance with these conditions, this means not that its provisions do not apply, or that the Contractor to any extent would lose the right to strict compliance with the provisions of this in other cases conditions.
9. The contractor is entitled to change these conditions at any time.
10. In the event of inequality, Dutch texts always prevail over translations.

Article 4 Quotations, offers and agreements
1. Quotations from the Contractor are valid for the period stated in the quotation. If there is no period is indicated, the quotation is valid until 30 days after the date on which the quotation is made released.
2. All quotations and offers are without obligation, even if there is a term for acceptance named.
3. All prices in the webshop include VAT.
4. Agreements are concluded when the Contractor receives written approval from the Client acceptance of the quotation or offer is confirmed, or at the time that
The Contractor proceeds with the execution of the agreement. In the event that the Client acts as a consumer, the Contractor must send him a confirmation email confirmation of the agreement.
5. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to make a good assessment of the offer. The Images placed on the Client’s websites are truthful display of the products. Obvious errors or mistakes in the offer are binding Client does not.
6. If the Client’s order deviates (on minor points) from that stated in the quotation included offer, the Contractor is not bound by it. The agreement will then not be reached in accordance with this deviating order, unless the Contractor indicates otherwise.
7. The contractor is not obliged to carry out any composite offers part of the assignment against a corresponding part of the stated price. Offers and quotations do not automatically apply to future orders.
8. The Contractor reserves the right to notify the Client at any time, without notice reason, to prohibit ordering further Services and/or Products.
9. Additions and changes to the agreement can only be made in writing.
10. The Contractor is entitled to transfer its rights and obligations arising from the Agreement to be transferred to third parties with written notice to the Client. Client can transfer its rights and obligations under the Agreement only with prior notice written permission from the Contractor, which permission is not on unreasonable grounds will be remembered, whereby the Contractor can impose additional conditions.
11. If the Client is a non-consumer, the parties exclude the operation of Title 5, Section 2B of book 6 of the Civil Code explicitly.
12. The contractor reserves the right to terminate the agreement by e-mail if: the agreed Products are no longer available or are no longer available for
the agreed price.
13. The Client guarantees the accuracy and completeness of the information provided on the basis on which the Contractor has based its offer in whole or in part. The Client always takes the utmost care to ensure that the requirements governing the performance of The contractor must comply, be correct and complete. All data contained in drawings, images, catalogues, websites, quotations, advertising material, standardization magazines, social media etc. are stated do not bind the Contractor, unless the Contractor expressly does sostates otherwise in writing.
14. With regard to the services performed by the Contractor and the performance thereof by the Client amounts due, provide the relevant documents and data from the administration or systems of the Contractor provide full evidence, without prejudice to the rights of the Client to provide counter evidence.

Article 5 Services
1. An accepted assignment only leads to a best efforts obligation on the part of the Contractor. The contractor undertakes to carry out assignments to the best of his knowledge and ability, taking into account with the state of the art and in accordance with the requirements of good workmanship. Bee When carrying out a consultancy assignment, the Contractor undertakes to do so in a careful manner to deal with the interests of the Client. General Webshop Terms and Conditions 4
2. The contractor is not responsible and/or liable if the work resulting from advice have not had the desired consequences.

Article 6 Acceptance and reflection period
1. The Client must check the received products immediately upon receipt for visible defects defects. Below is the item order number and/or packaging volume.
2. Non-Consumers may cancel agreements to purchase (return) the Products due to: non-conformity, namely visible deviations from what was agreed upon, within 7 days cancel episode. Products are then deemed to be in accordance with the agreement.
3. The Client must inform the Contractor within 7 days of receipt non-conformity or visible deviations, while simultaneously stating the order confirmation.
4. Consumers may agree to the purchase of the Products unilaterally without stating this reasons within 14 working days of receipt of a Product
supplied return form. The contractor can provide written confirmation of this to ask. The Consumer returns the Product with all supplied accessories, in its original condition and packaging and in accordance with the reasonable and clear instructions provided by the Contractor instructions. The risk and burden of proof for the correct and timely exercise of the The right of withdrawal lies with the Consumer. The Consumer bears the direct costs of it returning the product. This is subject to an exclusion of the right of withdrawal in case of special makes products for the Contractor.
5. Consumers must inform the Contractor within a reasonable time after the discovery stating non-conformity or visible deviations, while simultaneously stating the order confirmation.
6. For the agreement to purchase the Products in accordance with the specifications of Client, have become unsuitable for further sale or have been used by the
Client, dissolution is not possible.
7. A client may only return a Product after prior notification to Contractor and is responsible for returning the Product and the associated associated costs. The price of the Product will be returned to the Client, as also any other amounts paid by a Consumer, within 30 days after the
termination of the agreement.

Article 7 Retention of title and security
1. All Products supplied by the Contractor remain the property of the Contractor until moment of full payment of all that the Client owes on account of, associated with or arising from Products supplied by the Contractor Contractor owes.
2. Without prejudice to the provisions of this article, the Client is permitted to: To sell products to third parties, but only in the context of its normal activities business operations. The Client is then obliged to receive the funds received immediately to transfer to the Contractor, or, if not sold for cash payment, the to transfer acquired claims to the Contractor without delay.
3. The Contractor is at all times entitled to use the Products that are under the Client’s control a third party, but owned by the Contractor, to take charge of,
as soon as there is a real chance that the Client will not meet its obligations. It the foregoing does not affect the other rights of the Contractor, including those to
compensation.

Article 8 Delivery
1. Specified terms for delivery by the Contractor are indicative. These are never like deadlines to be determined. The Contractor will make every effort to ensure that the agreed (delivery) terms as much as possible. The single Exceeding a stated or specified term does not place the Contractor in default. The contractor must therefore send a notice of default by registered mail a reasonable period of at least 21 days must be offered to implement it the agreement.
2. The contractor is not bound by any (delivery) deadlines, whether or not due to circumstances beyond its control, including circumstances caused by Client, including failure to provide the correct information or data in a timely manner have occurred after entering into the agreement can no longer be achieved.
3. Delivery may take place in parts for practical reasons, including in the absence of delivery delivery of Third Party Products. For Consumers, delivery will take place on the agreed date take place.
4. Consumers are entitled to terminate the agreement unilaterally until the moment of delivery to cancel in writing, verbally or by email if delivery is not made within thirty calendar days after the agreed delivery date.
5. The place of delivery is the address communicated by the Client to the Contractor is made.
6. The delivery of the goods will take place by third parties, the transport will take place entirely for you risk of the Client.

Article 9 Payment
1. The Contractor’s administration serves as complete proof of the invoiced amount.
2. The Client gives approval for any invoicing by email.
3. Payment must be made in the manner agreed by the parties, or if the parties have not made any specific agreements about this in the manner indicated in the ordering process. When paying by bank, the day of crediting is considered the day of payment.
4. The Client must pay the Contractor’s invoices within the relevant deadline payment term stated in the invoice. If no payment term is stated on an invoice,
a payment term of 14 days applies.
5. All payments by the Client to the Contractor will be deducted from the any outstanding costs and interest and furthermore on the oldest outstanding invoices from Client, regardless of any other indication by Client.
6. Any appeal by the Client, not being a Consumer, to suspension, settlement or deduction is not permitted, nor is any deviation from the payment conditions, unless expressly stated written permission from the Contractor.
7. If the Client does not receive any invoice from the Contractor within the payment term complies, the Client is legally in default and therefore owes interest, without that any notice of default or demand is required.
8. If no (full) payment has been received by the due date, a Consumer is the interest owed equal to the statutory interest on the amount still owed, which amount
is immediately payable. For a Client who is not a Consumer, interest is 1% per month owed.
9. If payment is not made, the Contractor will hand over the claim for collection. In that case, the Client will be liable for the interest due in addition to payment of the principal amount and the reminder costs are liable to compensate all costs incurred by the Contractor damage, as well as all extrajudicial and judicial costs. The height of the extrajudicial costs amount to 15% of the principal sum, with a minimum of € 40.00 and for non-Consumers € 200.00 excluding VAT. The client is responsible for the collection costs interest is also due.
10. If the Client is of the opinion that an invoice is incorrect, the Client may be notify the Contractor of any objections within 14 days of the invoice date.
After receiving the objection, the Contractor will initiate an investigation. If not or not objections submitted on time will become the invoiced or collected amount
deemed correct and accepted by the Client.
11. The contractor is entitled to cash payment for all deliveries yet to be made delivery of the Products or any guarantee of timely payment.
12. If the Client’s financial position after the conclusion of the agreement but a significant deterioration for the delivery of the Products occurs, the Contractor is entitled to refrain from further implementation in whole or in part of the agreement, or to demand a change in the payment terms.

Article 10 Termination
1. The contractor is entitled to terminate the agreement without notice of default and/or judicial proceedings intervention, to suspend it, or to terminate it extrajudicially with immediate effect dissolve and without the Contractor becoming liable for damages to the Client, if:
– The Client has been declared bankrupt or an application has been submitted for this;
– Provisional or final suspension of payment has been requested for the Client or
obtained;
– the Client has lost free control over (part of) its assets;
– The Contractor has reasons to doubt the Client’s ability to pay
to (timely) fulfill its obligations under the agreement.
– The Client does not (fully) fulfill (one of) its obligations.

Article 11 Liability
1. The contractor is (partly) dependent on cooperation and services for its activities and deliveries from third parties, over which the Contractor has little or no influence. The contractor is therefore never liable for any damage resulting from the agreement between the Client and the Contractor or its termination, regardless of whether the damage arises or becomes visible during or after the agreement with the Contractor.
2. The contractor is only liable for direct damage. Direct damage is defined as: only means:
– the reasonable costs to determine the cause and extent of the damage, insofar
– the determination relates to damage within the meaning of these conditions;
– any reasonable costs incurred to remedy the defective performance of the Contractor to have the agreement answered, insofar as this is attributed to the Contractor could be;
– the reasonable costs incurred to prevent or limit damage, insofar as the The Client demonstrates that these costs have led to a limitation of direct costs
damage as referred to in these general terms and conditions.
3. Any liability of the Contractor for any other form of damage is excluded, including any form of indirect damage including additional damage compensation, compensation for consequential damage and damage due to lost turnover or profit.
4. Any liability of the Contractor for any other form of damage is excluded if it appears that the Contractor, or a third party engaged by the Contractor, has
Has handled or applied products improperly. The method of handling whether to apply depends on, among other things, the substrate, the temperature, the location and the application materials used. If in doubt, seek advice from an expert.
5. If and to the extent that the Contractor is liable to pay any compensation to the Client is obliged for direct damage or for an attributable shortcoming, this damage will occur only eligible for reimbursement up to the amount of the agreement, or, if there is multiple invoices, the relevant or last invoice, at all times with a maximum of € 250.00.
6. Any liability is at all times limited to the amount reimbursed by the insurer of the Contractor.
7. The condition for the existence of any right to compensation is always that: Client must report the damage as soon as possible, but no later than 14 days after its occurrence, by registered letter to the Contractor.
8. The contractor is never liable for damage resulting from (outage or inaccessibility due to) force majeure, including disruptions to the internet or others
providers, illness, strikes, electricity failure, hardware failure, third party attempts to cause the failure or inaccessibility of a site, a non-attributable shortcoming
of engaged third parties or suppliers, etc. Force majeure is equated with: serious to an extent difficult.
9. Force majeure also includes all other causes that are beyond your control risk of the Contractor have arisen.

Article 12 Complaints & Guarantee
1. Only the warranty of the Manufacturer of the Products applies. Contractor will as a service, in principle acting as a mediating intermediary.
2. For Consumers, a period of 2 applies to the product warranty for product errors years, or the term offered by the manufacturer of the Products. Applies to non-consumers a period of 6 months. The period applies to unopened and unapplied items Products. Products should be used immediately after opening.
3. The Client has no guarantee whatsoever regarding the durability of the Products. The durability depends on, among other things, the method of application, the
weather conditions and use. The Client has no right to any warranty on the Services provided by the Contractor, unless expressly stated otherwise in writing
agreed.
4. Complaints and warranty claims will only be processed if: in writing within eight days after discovery, but no later than fourteen days after the
relevant Services and/or Products have been received by the Contractor.
5. The Client must at all times send a notice of default in the event of complaints or claims under warranty. A notice of default must be sent by registered mail and so on contain a detailed possible description of the shortcoming, so that the Contractor can is able to respond adequately and investigate the complaint.
6. A notice of default must contain a reasonable period of at least 21 days.
7. The Client cannot claim warranty if the defects are unacceptable are the responsibility of the Contractor or the manufacturer of the Products.
8. The Client will take all steps required by the Contractor to investigate the complaint provide cooperation, including by giving the Contractor the opportunity to do so on site to initiate or have an investigation conducted into the nature of the complaint, including quality and/or quantity of the performance delivered.
9. The Client can never terminate the contract due to complaints or defects agreement, neither during nor after the expiry of any agreement warranty period.
10. If a complaint is justified, the Contractor will try to have the work carried out. as agreed, unless this is now demonstrable to the Client has become meaningless or impossible. This is done by the Client be stated explicitly and in writing.
11. If it is established that a complaint is (largely) unfounded, the costs will be incurred this will incur, including the research costs, at the expense of the
Client.
12. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses of the Client against the Contractor and the by Contractor involved third parties in the execution of an agreement, 1 year.

Article 13 Intellectual property law
1. All intellectual property rights relating to the Services and Products are vested exclusively with the Contractor or its suppliers. The delivery of Services and/or Products never constitutes any transfer of intellectual property rights.
2. The Contractor is authorized to use the Client’s trade name and logos without further notice permission from the Client, to user for other purposes, including those of marketing and that of placement on the Contractor’s website.

Article 14 Personal data
1. Executing the agreement involves processing personal data. By entering into this agreement, the Client instructs the Contractor to: to process provided and necessary personal data. Other processing will The Contractor will only carry out this on the instructions of the Client or if there is a legal obligation to do so obligation exists.
2. The Client gives explicit permission when entering into the agreement to process and/or store personal data about the Client in a database for the execution of the agreement.
3. At the request of the Client, the Contractor will process and process data, publish and/or change it in writing or by e-mail.

Article 15 Disputes
1. The Agreement in conjunction with these general terms and conditions fully reflects what agreed between the parties and supersedes all previous and contemporaneous, express or implied understandings, agreements, representations and warranties, both written and oral.
2. The Contractor will decide in all cases not provided for in these general terms and conditions.
3. All disputes between the Contractor and the Client are governed by Dutch straight.
4. All disputes between the Contractor and the Client will be submitted exclusively to the competent court in the district where the Contractor is located.