Article 1 - Relevance

Under the conditions in these terms and conditions is understood to be:

1. Profox International B.V.: The private limited company Profox International B.V.
  established at 5575 AN Luyksgestel on the Sengelbroeksestraat 1, which offers
services to the opposite party on distance; the named address is also the visitors-address;
2. Opposite party: any (legal) person which isn’t trading in the practice of a job or company and wishes to enter into an agreement with Profox International B.V.
3. Agreement on distance: An agreement where for the purpose of a by Profox International organized system for sale on distance of products and or services, until the agreement clinch,
Exclusively is being used of one or more techniques for communication on distance
4. Techniques for communication on distance: device that can be used for the agreement , without the opposite party and Profox International B.V. have met;
5. The respite: The term where the opposite party can make use of his right of cancellation;
6. The right of cancellation: The possibility for the opposite party to cancel an agreement on distance within the time to reflect;
7. Day: Calendar day;
8. Duration transaction: an agreement on distance concerning a sequence of products and/or services, where the delivery and/or acquisition obligation is spread in time;
9. Durable data device: every device that makes the opposite party or Profox International B.V. able to information which has been addressed to him personally, to store in a manner which makes future consultation and unaltered reproduction of the stored information possible.

Article 2 – Relevance

1. These terms and conditions applies to every offer of Profox International B.V. and on each agreement on distance between Profox International B.V. and the opposite party.
2. Before the agreement on distance is being clinched, the terms and conditions will be available for the opposite party. In case this reasonably isn’t possible, there will before the clinch of the agreement on distance be stated that the terms and conditions are to see at Profox International B.V. and they will send them free of any charges as soon as possible on the opposite party request.
3. In case the agreement on distance is clinched electronic, can in contrary to the former paragraph and before the agreement on distance being clinched, these terms and conditions will be available through the electronic way for the opposite party on a manner that these terms an conditions are easy to be stored on a durable data device. In case this reasonably isn’t possible, there will before the clinch of the agreement on distance be stated where the terms and conditions through the electronic way can be viewed and that they will send them free of any charges through the electronic way on the request of the opposite party.

Article 3 – The Offer

1. If an offer has a limited validity or with other conditions, will this be explicit stated in the offer.
2. Before the offer is being directed to the description on the concerning website of Profox International B.V. This contains a complete and as accurate as possible description of the offered products.
Possible mistakes or mistakes in the offer do not bind Profox International B.V.

 
 Article 4 – Agreements

1. The agreement comes about on the moment of acceptance by the opposite party of the offer and the gratify to the concerning agreements.
2. In case the opposite party has accepted the offer via the electronic way, immediately Profox International B.V. will confirm the receipt acceptance of the offer via the electronic way. While the receipt of this acceptation isn’t confirmed, can the opposite party cancel the agreement.
3. Profox International B.V. can – within legal right – acquaint with himself or the opposite party can receipt the payments obligation, as well of all the facts and factors which concern a reasonable entering into an agreement on distance. In case Profox International B.V. on base of this inquiry found good sources to not to accept the agreement, is she authorized to reject an order or an application or to bind special terms to the execution.

Article 5 – Right of cancellation at the delivering of products.

1. The opposite party got the possibility to cancel the agreement within seven days without applying the reason
This length of time start on the day after the receipt of the product by or on behalf of the opposite party.
2. During this length of time the opposite party will deal carefully with the product and with the packaging.
He will only open the product in that rate so the opposite party can judge or he wishes to keep the product.
In case he makes use of the right of cancellation he shall return the product to Profox International B.V. with all the delivered accessories and in the original state of packaging. In accordance with the by Profox International B.V. provided reasonable and clear instructions.

 Article 6 – Costs in case of cancellation

1. In case the opposite party makes use of his right of cancellation, the costs of the returning are for his own account. At the same time is Profox International B.V. authorized to deduct the costs of the shipment to the opposite party with the refundable purchase price.
2. In case the opposite party has paid a price, will Profox International B.V. refund this as soon as possible, but at the latest 30 days after the return or cancellation, however with the understanding that also the shipping costs which are involved with the forwarding of the product to the opposite party will be deducted with this price.
3. Profox International B.V. preserves him also the right of clearance in case the send back products aren’t in the original packaging and / or is damaged.

 
Article 7 – Delivery and completion period

1. Delivery usually takes place on the address of the opposite party unless the agreement is made that the opposite party collects the product. Collection shall take place at Profox International B.V. in Luyksgestel with the exception of a written or electronic arrangement.
2. Delivery periods or completion times are given only by approximation and are not binding to Profox International B.V., though they shall not be excessive and are dependent upon the fact whether Profox International B.V. can be blamed.
In case the delivery cannot take place within 30 days after the order, than the opposite party has the right to cancel the agreement.
3. In case a product isn’t on stock and isn’t available, is Profox International B.V. obligated to deliver a product with the same price and the same quality

Article 8 – Liability and warranty

1. Profox International B.V. shall at no time be obliged to compensate for any direct or indirect losses whatsoever arising from defects in the goods or services supplied. Thereby it is expressly remarked that Profox International B.V. delivers at minimum prices and the goods supplied to the opposite party are therefore taken as seen and often even unseen. The prices charged by Profox International B.V. also mean that no liability can be accepted and no warranty is given. The goods are accepted by the opposite party in the condition that they are in upon delivery.
2. Profox International B.V. is liable for damages incurred by the opposite party to persons and items other than the work, insofar as this damage has been caused by the execution of the work and is the consequence of gross negligence or culpability on the side of Profox International B.V., it’s personnel or assistants employed by them, in and insofar as this is covered by the insurance.
3. Profox International B.V. is not liable for damage of any kind that is the consequence of injudicious or improper use.

Article 9 – Payment

1. Unless expressly otherwise agreed in writing or electronic, goods purchased by the opposite party should be paid in cash or by payment in advance via the bank being paid by the opposite party, without any compensation or reduction.
2. In case that the opposite party:
a. Is declared to be bankrupt, invokes the Debt Rescheduling Act, submits a petition for suspension of payments, or the whole or part of his possessions is seized;
b. Should die or be placed under tutelage or administration;
c. Shall fail to fulfill obligation incumbent on him by force of law or these conditions;
d. Neglects to settle an invoice amount or a portion thereof within the agreed period
Profox International B.V. has the right upon apprehension of one of the stated circumstances, either in the whole or in part to dissolve the agreement or to suspend further deliveries and demand any amount due from the opposite party on the grounds of the services provided by Profox International B.V., in full forthwith and without warning or notice of default being necessary, all without prejudice to Profox International B.V. right to recover costs, damages and interest.

Article 10 – Risk and retention of title

1. As soon as the items, components thereof or materials have been delivered to the opposite party, he / she shall bear the risk and liability for damage of any nature arising from or to these items
2. Subject to the stipulations in the previous paragraph, the ownership of the items shall first be transferred to the opposite party when all amounts due to Profox International B.V. in relation to the delivery of the items, including any interest and costs, have been settled in full.

Article 11 – Interests and costs

1. In case the payment does not take place within the period referred to in the previous article, the opposite party shall be in default by force of law and shall be liable as of the invoice date to pay interest at the rate of 1% per (portion of a) month on the unpaid amount.
2. In case that the invoice amount is not paid in full on the due date, the opposite party shall be in default solely by the expiration of the term, without a summons or notice of default. Besides the principal sum and the previously mentioned interest, the opposite party is liable for all costs, including those for extrajudicial collection costs, which are fixed in this agreement at 15%
3. All of the by the opposite party conducted payments primarily seek to pay any possible interest and by Profox International B.V. made recovery costs and subsequently as satisfaction from the oldest vacant invoices.

Article 12 – In addition

1. If one or more of the aforementioned stipulations should turn out to be completely or partially invalid or unenforceable, they shall hereby at that time be replaced by stipulation for which this is not so and which as much as possible regulate the same thing as the invalid or unenforceable stipulations.
Insofar as this necessary, the parties shall consult further in good faith about the precise wording of these substituted stipulations.

Article 13 – Applicable law/competent court

1. Dutch law is exclusively applicable to all our offers, agreements and the execution thereof. All disputes between Profox International B.V. and the opposite party shall exclusively be submitted to the in Holland authorized judge.