General Terms and Conditions

Distrelec, Branch of Distrelec Group AG
(May, 2014)
Your purchase contract is concluded with the company Distrelec, Branch of Distrelec Group AG
Telephone: +31 (0) 30 265 01 00
Fax: +31 (0) 30 262 20 24
Company number: 007080074
Commercial Register number: NL30048971
VAT ID number: NL0070.80.074.B.01

 

1. Scope

1.1

All claims arising from and in connection with a contract concluded between the customer and Distrelec for the catalogue and online trade are always subject to these General Terms and Conditions, in their valid version at the time of concluding the contract.

1.2

In the case of conflicting provisions the order of precedence shall be:
1. Special terms of business for the individual services;
2. These General Terms and Conditions;
3. Provisions of the law.

2. Participants

Distrelec concludes contracts with customers who
a) have reached the age of 18 and have the capacity to act, and with
b) legal persons who are domiciled in Switzerland or in a member state of the European Union (hereinafter referred to as "Customers"). Should an offer for an unaccepted customer be mistakenly taken on by Distrelec, then Distrelec is entitled to declare its withdrawal from the contract with the customer within an appropriate period.

3. Object of the contract

Distrelec shall deliver the goods ordered by the customer, or provide the services, within the framework of the acceptance of the offer. If a withdrawal/cancellation takes place, Distrelec is obliged to immediately credit to the customer's account any installments and/or advance payments that may have been paid or, if requested, to repay them by means of a bank transfer.

4. Conclusion of contract

4.1

The contract is concluded after Distrelec accepts the customer's order.
Acceptance by Distrelec takes place when the customer receives the goods after they have been sent by Distrelec, or when the service to the customer is performed by Distrelec. If the customer places an order via the Internet, Distrelec shall promptly confirm the receipt of the order by electronic means. But the confirmation of the order does not yet constitute an acceptance of the contract.

4.2

The language of the contract is preferable Dutch or English.

5. Unavailability of ordered goods or service

Should Distrelec find after the order has been received that the ordered item or service is no longer available from Distrelec, any payments that have already been made shall be immediately reimbursed. Distrelec may choose to send, offer or provide to the customer an item or service of the same quality and price. In such a case, the customer is not obliged to accept. Distrelec shall bear the cost if such an item is returned by post.

6. Delivery/shipping costs

6.1

Unless the contractual parties have made other arrangements regarding the delivery time, Distrelec shall deliver the goods by transferring physical possession of the goods or control over the goods to you as customer, promptly, and not later than 30 (thirty) days after conclusion of the contract.

6.2

If Distrelec fails to comply with its obligation to deliver the goods at the time arranged with you as the customer, or within the set period stated in clause 1, then as the customer you shall then ask Distrelec to make the delivery within an extended deadline appropriate to the circumstances. If Distrelec does not deliver the goods within this extended deadline, then as the customer you are entitled to withdraw from the contract.

6.3

If the customer orders a shipment using the 24-hour service, and the goods do not arrive even within a reasonable grace period that may be appropriate in certain cases, the customer is entitled to withdraw from the contract and return the goods to Distrelec. Claims for damages are excluded in such cases, unless Distrelec had acted intentionally or in gross negligence.

6.4

Distrelec shall take care to ensure a quick delivery, subject to its receiving the goods from its supplier. If part of the order cannot be delivered immediately, the remaining items shall be delivered later without recalculating the flat rate for shipping.

6.5

The shipping and handling costs are based on the value of the order and as well on the selected logistics service.
Postage is including packaging.

6.6

Some products, which are imported from the USA by Distrelec and/or are manufactured in the USA, are subject to the export control regulations of the USA and other countries, in particular Germany. It is the customer's responsibility to ensure that the export control regulations are complied with, and he undertakes to obtain all the required export licences and other necessary documents, at his own expense, before the products and/or technical information that he is to receive from Distrelec are exported.
The customer also undertakes to neither directly nor indirectly sell, export, re-export, supply or otherwise pass on any products or technical information that are subject to export control regulations, to persons, companies (enterprises) or countries where this infringes against the US American or other, in particular German, export control laws, directives, restrictions and provisions. The customer undertakes to inform all the recipients of these products or technical information about the need to comply with these laws and directives.
If an authority refuses to grant an export permit, this does not entitle the customer to withdraw from the contract or to claims for damages. Distrelec is not obliged to issue to the customer a supplier's declaration or a long-term supplier's declaration, or to obtain such from its own suppliers.

7. Price, payment terms

7.1

The prices in the private customer catalogues are final prices including the VAT amount valid on the catalogue’s issue date. Should the statutory VAT be increased after the catalogue is issued, Distrelec is obliged to apply the higher VAT rate in the invoice. Generally, prices in the business catalogues are net prices.

7.2

On the invoice, the cost of additional services is listed next to the net price: packing, shipping, 24-hour service, etc., as well as the VAT at the rate valid on the invoice date (for private customers).

7.3

For orders placed via Distrelec website pages, instead of the catalogue prices, the prices shown below the button [button ordering procedure] when executing the order apply.

7.4

Distrelec reserves the right to exclude certain modes of payment in individual cases in order to protect against credit risk, and to carry out the requested deliveries only on payment in advance.

7.5

The standard payment term is 15 days net from date of invoice unless otherwise agreed. If payments are overdue outstanding invoices will be, regardless of any additional collection costs, charged with the statutory rate.

8. Retention of title

Distrelec retains ownership of all goods that it delivers to a customer until the final payment for the supplied goods has been made in full. Insofar as Distrelec replaces an item within the framework of the warranty, it is already now agreed that the ownership of the item to be replaced passes by way of reciprocal exchange from the customer to Distrelec or vice versa at the moment when Distrelec receives the item sent back from the customer, or when the customer receives the replacement item from Distrelec.

9. Warranty

9.1

Distrelec warrants that the product is free from material defects and defects of title at the time of the passing of risk.

9.2

Should the delivered goods have obvious visible defects in materials or manufacturing, which also includes damage during shipping, you must report such defects to Distrelec within 10 (ten) days. Concealed defects are to be reported within the same period measured from when they are discovered. Otherwise the warranty obligation of Distrelec does not apply.

9.3

The term of warranty for new items is 12 months. This period may be extended if the manufacturer uses an extended term of warranty. For items that are designated in their respective product offers as fully refurbished and/or as ex-display items, the warranty is 12 months. The warranty period starts from the time the particular item is received by the customer.

9.4

If the item is found to be defective, the customer may request that the defect be remedied. If in the course of the repairs the defect could not be remedied, even at the second attempt, the customer is entitled to request delivery of an item that is free of defects, or a reduction in the purchase price, or to withdraw from the contract.

9.5

Regarding any claims for damages due to defects in the items, the provisions of the law apply.

9.6

The precondition for any claims under warranty is that the defect is not caused by improper use or excessive stress. If a defect is discovered over 6 months after the handover, the customer must provide evidence that the item was defective at the time of the passing of risk.

10. Liability

10.1

Distrelec accepts full liability where the cause of the loss or damage is due to an intentional or grossly negligent breach of duty by Distrelec or by one of its legal representatives or by an ancillary of Distrelec. Otherwise liability is excluded, within the bounds of the law.

10.2

The above restrictions of liability do not apply to injuries to life, body and health, to a defect after assuming a warranty for the properties of a product, and to fraudulently concealed defects.

10.3

In the event of loss of data, Distrelec only accepts liability in the case of intentional or grossly negligent breach of duty, and then only if there is evidence that you as customer have regularly backed up the data at least once a day.  The liability for loss of data is limited to the cost of restoring it when a back-up copy is available.

11. Returns

11.1

Purchased products may be returned or exchanged, after approval of Distrelec, within 30 days of receiving date. The product has to be undamaged and packed in the original undamaged packaging.

11.2

Exception of the right to return are unsealed audio or video recordings or software, all products specially ordered which are not part of our normal product assortment as well as semiconductors, maintenance products such as aerosols and adhesives, batteries, cable (unless there is an unopened roll), special offers, promotional products and selling-off products. This list is not limited to the given products and product categories, but can be extended with other products and product categories which are perishable or have an inextricably related expiry date.

11.3

The return after 30 days of receiving date of no longer needed or wrongly purchased products, is only possible after approval of Distrelec. If the return is accepted by Distrelec, a rate of 20% of the invoice value of the goods or EUR 10, - depending on what the highest amount is, will be charged.

12. Service and repair

12.1

The return of a from Distrelec purchased product for service and/or repair is only possible after approval of Distrelec. In case of a warranty  repair, the return includes a copy of the Distrelec invoice as well.

13. Applicable law

13.1

The legal relations between Distrelec and the customers, and the respective terms of business, are subject to Dutch law. The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1988 is excluded.

14. Miscellaneous

14.1

The customer does not have any right to a set-off or retention, unless the claim is undisputed or established with legal effect by a court.

14.2

Should individual provisions of this contract be partly or wholly invalid or subsequently lose their legal validity, then this shall not affect the validity of the remaining part of the contract.

14.3

The catalogue / website published by us and its entire content, in particular the texts, photos, or other graphics or illustrations and any software, as well as all trade-marks, patents, and utility models, are all protected against unauthorized use by industrial property rights, in particular copyrights, name and image rights, trade-marks, patents or utility models that have come into effect. Use beyond searching for and purchasing of an item requires our prior written consent or, if the respective rights are not owned by us, the prior written consent of the legal owner.

14.4

We reserve the right to make changes at any time to our website, regulations, terms, including these terms of sale. Your order is subject to the General Terms and Conditions in effect when you place your order, except where an amendment to these terms is required by law or by government decree (in such case the amendment also applies to orders that you have made previously).

14.5

For disputes arising from the contracts between the customer and Distrelec and concerning the formation of the contracts, the regular court at the location of the registered office of Distrelec shall have sole jurisdiction.

Status as at: 15.05.2014