1.1. These terms and conditions apply to all offers and all agreements regarding the webshop of Devan Surface BV
1.2. In addition to these General Terms and Conditions, explicitly defined Additional Terms and Conditions may apply to certain services and/or products. Should there be deviations between the General Terms and Conditions and the Additional Terms and Conditions, the Additional Terms and Conditions will prevail over the General Terms and Conditions, unless explicitly stated otherwise.
1.3. If any provision of these terms and conditions are invalid or invalidated, the other provisions of these General Terms and Conditions will remain in full force and Devan Surface BV and its contracting party will enter into consultation for the purpose of agreeing on new provisions to replace the invalid or invalidated provisions, where the objective and meaning of the invalid or invalidated provision are considered as much as possible.
1.4. Deviation of these General Terms & Conditions is only possible after explicit confirmation by Devan Surface BV in writing, in which case the other provisions of these general terms and conditions will remain in full force.
1.5. The applicability of the general terms and conditions invoked by the contracting party is explicitly rejected, unless explicitly confirmed in writing by Devan Surface BV
1.6. “Contracting party” is defined as every natural person or legal person with a contractual relationship with Devan Surface BV
1.7. The website of Devan Surface BV targets exclusively the European and USA market.
1.8. Devan Surface BV as the right to adjust these General Terms and Conditions from time to time.
1.9. By using the website of Devan Surface BV and/or placing an order, the contracting party accepts these General Terms and Conditions as well as all other rights and duties stated on the website.
1.10. Devan Surface BV is allowed to outsource activities to third parties when carrying out an agreement with the contracting party.
2. Offers and agreements
2.1. Offers or quotations should be regarded as an invitation to the potential buyer to make an offer. Devan Surface BV is in no way bound such matters, unless explicitly confirmed in writing. Acceptation of the invitation by the potential buyer to make an offer counts as a valid offer and leads only to an agreement in case of fulfilment of the following aspects of this article.
2.2. Specific offers are valid as long as the stock permits.
2.3. A personalised quotation is valid for two (2) weeks, unless another term is mentioned in the quotation.
2.4. An offer from the potential buyer as mentioned in article 2.1 is made when:
the potential buyer has entered his personal data on the website and the data has been sent electronically to Devan Surface BV and received by Devan Surface BV;
the potential buyer explicitly indicated the desire, by telephone, to receive a certain product and/or service;
a quotation is signed by the buyer and received by Devan Surface BV in case Devan Surface BV issued a personalised quotation.
2.5. An agreement, including any change or supplementation hereto, takes first binding effect for Devan Surface BV when a order confirmation has been issued to the buyer, by e-mail or other means. This agreement can be revoked by Devan Surface BV in case the buyer does not meet the requirements or has failed to do so in the past. In that case, Devan Surface BV will report such findings to the buyer within ten (10) days after receiving the order.
2.6. Buyer and Devan Surface BV explicitly agree that, when using electronically means of communication, a valid agreement comes into effect after meeting the requirements specified in article 2.4 and 2.5. In particular the lack of a written signature does not reduce the binding force of the offer and the acceptance thereof. In that case the electronic files of Devan Surface BV count, as far as the law allows, as a presumption of proof.
2.7. Information, images, oral announcements, records, etc. regarding all offers and the most relevant characteristics of the products that are provided by telephone or e-mail are always as accurate as possible. Devan Surface BV does not guarantee that all offers and products completely correspond to the provided information. Deviations can never lead to reimbursement or dissolvement of the agreement.
3.1. All prices are expressed in Euros, in accordance with the legal regulations, and include Value Added Tax.
3.2. Special offers are only valid as long as the stock permits.
3.3. The buyer owes the price as defined by Devan Surface BV in the order confirmation in accordance with article 2.5 of these General Terms and Conditions. Any (manipulation) errors in the quotation, such as evident flaws, can be corrected by Devan Surface BV, even after reaching the agreement.
3.4. Transportation costs will be separately mentioned on the website. Special rates apply for deliveries outside the Netherlands.
3.5. When the prices of the offered products and/or services have increased during the period between ordering and execution of the order, the buyer is entitled to cancel the order or dissolving the agreement within ten (10) days after announcement of the price increase by Devan Surface BV
4.1. Orders through the web shop should be paid by 100% down payment. Devan Surface BV can include other payment options in the future. Other payment options will be announced on the website.
4.2. In case Devan Surface BV agreed on an alternative payment period, the expiration of this term automatically leads to the omission of the buyer. Alternative payment periods can only be agreed on in writing under special conditions.
4.3. Non-payment or untimely payment by the buyer leads to a due interest of 1,5% per month, from the day that the payment should have taken place, at which a part of a month counts for a full month.
4.4. The costs, both in and out of court, caused by non-fulfillment, late fulfillment or improper fulfillment of the obligations of the buyer, are payable by the buyer.
4.5. Devan Surface BV is permitted, in case of untimely payment by the buyer, to directly dissolve the agreement or delay the delivery to the moment that the buyer has completed his payment duties, including the payment of due interest and other costs.
5. Delivery and delivery time
5.1. Orders will be delivered as quickly as possible. Devan Surface BV aims to send the products within three days after receiving the order. The final delivery date is 30 days after receiving the order, not including down payments, at which the final delivery date is 30 days after receiving the payment. An agreed delivery time is always indicative and neither a deadline, nor can any rights be derived from exceeding the delivery time. Devan Surface BV can announce information regarding delivery times on the website or by other written means. Such information is always indicative.
5.2. When the buyer orders a product that is temporarily not in stock, an indication of the day that the product will be available will be displayed. Devan Surface BV aims at notifying any delays to the buyer within two working days.
5.3. Deliveries will take place on the address as specified by the buyer during the finalisation of the agreement.
5.4. Immediately after the goods have been delivered, the buyer bears the risk for all direct and indirect damage that maybe caused to or by these goods or components. The buyer also bears the risks of transportation from the moment of delivery.
5.5. Different terms may apply to deliveries outside of The Netherlands.
6. Revoke rights
6.1. The buyer may exercise his revoke right within fourteen (14) working days after delivery of the product, without penalty and without stating reasons, by using the standard form made available via the website. The buyer can claim guarantee provisions only when the product and the packaging are in original, complete, undamaged and unused conditions. All sent documentation, proof of guarantee and packaging materials should be included in the return delivery.
6.2. Devan Surface BV is never liable for any damage, theft or loss of the product or packaging during the return delivery.
6.3. The costs of the return delivery of the product are for the buyer.
6.4. In case the buyer exercised his revoke right as mentioned in the previous articles, Devan Surface BV will have to reimburse the cash value of the delivered goods within fourteen (14) days.
7.1. The ownership of the goods, whether handled or unhandled, is transferred to the contracting party at the moment that the buyer pays Devan Surface BV the full amounts payable pursuant to the agreement, including interest, costs and damages from products and/or services from this order, previous orders and future orders.
7.2. The buyer is not permitted to print or resell the products, even after the ownership of the goods have been transferred to the buyer.
8. Guarantees and liability
8.1. In compliance with European Law, Devan Surface BV’s warranty extends to a period of two (2) years after delivery in accordance with article 5.4.
8.2. Devan Surface BV warrants the durability of delivered products. In case Devan Surface BV has contracted a supplier or manufacturer for the manufacturing of the products, guarantee provisions by Devan Surface BV for the delivered products are limited to the guarantee that is given to Devan Surface BV by the supplier or manufacturer concerned.
8.3. In case Devan Surface BV applies extended warranty and communicates this on her internet site or in official product documentation, the extended warranty shall apply in addition to the warranty provisions under article 8.1 and 8.2 and always in compliance with the other provisions under article 8. Extended warranty starts after delivery in accordance with article 5.4. Unless explicitly confirmed in writing by Devan Surface BV an extended warranty period may not be added to the warranty period as mentioned under article 8.1.
8.4. Devan Surface BV is never bound to financially compensate the buyer or other parties, unless the damage was caused by intention or guilt. Devan Surface BV is not liable for any indirect loss or damage incurred or damage regarding loss of income or profit.
8.5. In case Devan Surface BV is obliged to financially compensate the buyer, the amount will always be limited to the invoice amount related to the product and/or service that caused the damage.
8.6. The guarantee of Devan Surface BV does not apply if:
the defects are (partly) the result of normal wear, injudicious or incorrect handling or use, injudicious or incorrect maintenance
the product is employed for purposes other than normal purposes or used incorrectly
the buyer or the end user does not strictly observe the operating instructions provided by Devan Surface BV
the original invoice is missing, modified, or made unreadable.
8.7. When the guarantee provisions are exercised, Devan Surface BV can do the following:
adjust the amount on the invoice;
replace the delivered item by an article with equal specifications, or repair the delivered item, in which case the delivered item should be sent back to Devan Surface BV
take back the delivered item and revoke the agreement, while reimbursing the paid amount by the buyer, without being obliged to financially compensate the buyer for any damage.
The buyer is obliged to give Devan Surface BV three possibilities to repair any deficiencies.
8.8. The buyer does not hold Devan Surface BV liable for any claims resulting from third parties, unless the law strictly prohibits such damages and costs to be accounted to the buyer.
8.9. It is possible that Devan Surface BV places links on its website to other websites that could of interest for a visitor. Such links are solely informative. Devan Surface BV is not liable for the content of the linked websites or the usage thereof.
9. Force majeure
9.1. In case of force majeure, Devan Surface BV is not obliged to fulfil its obligations to the buyer. The respective obligations will be postponed for the entire duration of the force majeure.
9.2. In these terms and conditions, force majeure is understood to mean any circumstance that is independent of the will of Devan Surface BV, even if this could have been foreseen when the agreement was entered into, which temporarily or permanently hinders the fulfillment of the agreement, including but not limited to war, a threat of war, civil war, riots, industrial actions, work member exclusion, transport difficulties, fire, days not worked because of unsuitable weather and other disruptions to the business of Devan Surface BV or its suppliers.
10. Intellectual property
10.1. The buyer explicitly acknowledges that all intellectual or industrial property rights relating to the products to be delivered pursuant to the agreement and or associated designs, documentation, reports, offers and associated preparatory material lie exclusively with Devan Surface BV, suppliers or other entitled parties.
10.2. Intellectual property rights include patents, copyrights, trademarks and other (intellectual property) rights, including technical and commercial know-how, methods and concepts.
10.3. The buyer is not allowed to modify any intellectual property rights as described in this article, for instance multiplication without explicit written approval from Devan Surface BV, its suppliers or other entitled parties.
11. Personal data
11.1. Devan Surface BV will process the personal data of the buyer in accordance with her privacy statement, which is included in the website.
11.2. Devan Surface BV fully respects the applicable laws and regulations regarding the processing of personal data.
12. Applicable law
12.1. Dutch law applies to the offers/agreement and further agreements.
12.2. The applicability of the Vienna Sales Convention (CISG) is explicitly excluded.
12.3. All disputes, of whatever nature – including those that are only considered by one of the parties as such – which occur with reference to the offer/agreement and further agreements between the parties, are settled by a competent court in the district of The Hague, unless the law explicitly appoints another court.
12.4. The Dutch version of these general terms and conditions prevails at all time in case of disputes with regard to the interpretation and purpose of these terms and conditions.
13.1. Devan Surface BV resides at Amsterdam, The Netherlands, Marcusstraat 131 and is registered at the Chamber of Commerce in Amsterdam under number 55863175. Please send all correspondence regarding these General Terms and Conditions to Devan Surface BV at the address mentioned above or the e-mail address mentioned on the website.
13.2. The Devan Surface BV helpdesk is available for information on working days at the e-mail address mentioned on the website.
13.3. Devan Surface BV aims to answer received e-mails within one working day.
General Terms and Conditions Webshop Devan Surface BV, 6 November 2016