Terms and Conditions
‘Vitech Parts B.V.’: the owner of the website www.vitechparts.com; Heiweg 14 A, 6161 DA, Geleen (The Netherlands);
‘User’: the person who enters, views or in any other way makes use of the Website.
The content, design and structure of the Website are protected by copyright law.
The information, texts and images provided by Vitech Parts B.V. are intended only for individual access by the user of the Website and may not be duplicated or used for commercial purposes without the prior written consent of Vitech Parts B.V.
4. Warranties and liability
The content of the pages of this Website is for your general information and use only. It is subject to change without notice.
Neither Vitech Parts B.V. nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
Our goal is to keep the information on our Website complete and correct. If errors are brought to our attention, we will try to correct them as soon as possible. However, Vitech Parts B.V. accepts no responsibility or liability whatsoever with regard to the material on its sites, such as but not limited to availability of advertised goods, product information, etcetera.
In no event will Vitech Parts B.V. be liable to any party for any damages whether direct, or indirect, resulting from, arising out of or in connection with access to, or use of or inability to access or use, the Website or its contents.
5. Shut-down of the Site
Vitech has the sole right to shut down the Website or any part thereof for any reason at any time without prior notice.
7. Applicable law and jurisdiction
Of the Website www.vitechparts.com
Vitech Parts B.V.
Heiweg 14 A
6161 DA GELEEN (THE NETHERLANDS)
Article 1 Definitions
- In the following, ‘Vitech' is understood to mean:
Vitech Parts B.V.
Heiweg 14 A, 6161 DA GELEEN (THE NETHERLANDS)
- Website’ is understood to mean ‘www.vitechparts.com
- The 'other party' is understood to mean the opposite party, being a business entity, to Vitech in an offer and/or contract regarding the sale of goods and/or the performance of services.
Article 2 Scope of application of the present conditions
- These conditions apply to any offer from Vitech and to any agreement between Vitech and the other party in respect of which Vitech has stated that these conditions apply, in so far as these conditions have not been deviated from explicitly by the parties. Vitech does not accept any general terms and/or conditions of the other party, except if and in so far as any condition or conditions have been expressly accepted by Vitech in writing.
- The other party with whom at any point in time an agreement was entered into subject to the present conditions, shall be deemed tacitly to agree to applicability of these conditions to any agreement entered into with Vitech later.
- In case of conflict between any provision of the present general conditions and the agreement to which they have been declared to be applicable, the stipulations of the agreement shall prevail.
Article 3 Conclusion of an agreement
- A sales agreement between Vitech and the other party is concluded on the moment Vitech receives the confirmation that the other party successfully placed an order via the Website or via e-mail and payment has been approved. Vitech will send the other party an order confirmation via e-mail as soon as possible hereafter.
- All orders are subject to availability and confirmation of the order price.
Article 4 Prices
- Unless stated otherwise, our prices are exclusive of VAT and delivery costs.
- Whilst we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
- The Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
- Vitech reserves the right to refuse to carry out any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies, or out-of-date information regarding pricing, shipping or payment terms. In such case, Vitech will inform you about this as soon as possible. If you have already paid, you will receive a full refund. Vitech will not be liable to any party for any damages whether direct, or indirect, resulting from errors or inaccuracies on the Website.
- If Vitech agrees on a price with the other party, Vitech shall nevertheless be entitled to increase the price according to its price list as at the time of delivery in case of modification of the costs of the materials required for execution of the agreement or of wages, premiums of any nature whatever, taxes and/or other factors that determine the price of the goods purchased. Vitech shall notify the other party of such increase. If the price increase exceeds 10%, the other party shall be entitled to dissolve the agreement.
Article 5 Execution of the agreement, delivery
- Upon receiving your order and payment confirmation, Vitech will carry out the order as soon as possible. Shipment and delivery periods and dates are always approximate.
- If the execution of the agreement is delayed, Vitech shall inform the other party thereof as soon as possible and provide an indication of the expected delivery term. This shall give the other party no right to cancel the agreement.
- Vitech has the right to suspend the execution of the order until the other party has fulfilled its obligations as meant in the preceding section.
- Notwithstanding that ownership of the goods shall not pass until full payment has taken place, the risks attached to the goods shall pass unencumbered and unconditionally to the other party at the moment of transfer of the risk as stipulated in the applicable Incoterms. Unless otherwise has been agreed in the sales agreement between the parties, the goods shall be delivered Ex-Works Vitech Geleen, in accordance with the Incoterms latest published version by the International Chamber of Commerce as of the date of the sales agreement.
- The other party is obliged to take up the goods purchased or processed or tested at the moment they are delivered to him or at the moment that they are made available to him in accordance with the agreement. If the other party refuses to take delivery of the goods or fails in giving the information or instructions that are needed for delivery, the goods shall be stored at the other party's risk. In such a case the other party shall bear all additional costs, including storage costs in any case.
- In case of delivery via courier service, the risks attached to the goods shall pass unencumbered and unconditionally to the other party at the moment the goods are handed over to the carrier and/or a person or company authorized with the transportation.
Article 6 Modification of the agreement
- When the order has been confirmed by Vitech and afterwards modifications in its execution are required, they shall be communicated to Vitech in good time and in writing. If such modifications are communicated orally or by telephone, the risk of any execution otherwise than envisaged shall be for account of the other party.
- Vitech reserves the right to adapt the price, if required, on account of modifications of the order.
- Modifications of an order which has been placed already may result in exceeding of the originally agreed time of delivery by Vitech. Vitech shall not be liable for any such delay.
Article 7 Partial deliveries
Vitech is entitled to deliver in portions the goods purchased or processed or tested. This shall not apply if a partial delivery has no independent value.
Article 8 Samples, models and specimen
If Vitech shows or presents a model, sample or specimen, it shall always be meant as an indication only; the properties of the goods delivered may deviate from such sample, model or specimen.
Article 9 Inspection
Upon receipt of the goods, the other party shall inspect the goods (or cause them to be inspected) to ascertain whether the correct goods have been delivered and whether the goods are in accordance with the agreement in terms of quantity (amount, weight, etc.). In case of any errors, the other party shall inform Vitech as soon as possible. Goods shall not be returned to Vitech without Vitech’s prior written consent.
Article 10 Warranty
Vitech provides no warranty with regard to product quality for any of the goods sold through the Website.
Article 11 Limitation of liability
In all cases regarding the sale of goods or the supply of accessory services, Vitech is solely liable if damage is attributable to wilful intent or gross negligence on the part of Vitech. In case liability of Vitech is established, such liability is limited to the loss or damage which was foreseeable at the time the contract was concluded up to a maximum amount equivalent to the invoice value agreed with the other party. In no event shall Vitech’s liability include indirect or consequential damages, including without limitation, damage based upon loss of goodwill, loss of business, loss of sales or profits, work stoppage, production failure, impairment of other goods or otherwise and whether arising out of or in connection with breach of warranty, breach of contract, misrepresentation or otherwise.
Article 12 Force majeure (non-imputable default)
- Neither party shall be deemed to be in default under the sales agreement and no liability shall result from non-performance of the sales agreement, if and to the extent the non-performance is caused by circumstances beyond the reasonable control of the failing party, including, but not limited to, war, fire, explosion, terrorist attacks, storm, flood, earthquake, sabotage, acts of government, labour disturbances, shortage of energy, raw materials and means of transport, break-down of machinery and plant start-up problems. Vitech is also entitled to claim force majeure if the circumstance which obstructs (further) execution of the agreement occurs after the date at which the agreement should have been executed. Both parties shall inform each other regarding a situation of force majeur as soon as possible, in order for both parties to reach an amicable solution.
- While a situation of force majeure lasts, both parties’ obligation to deliver and other obligations are suspended. If the period during which parties are prevented from meeting their obligations owing to force majeure lasts longer than two months, both parties shall be entitled to dissolve the agreement, which shall not give rise to any obligation of indemnification.
- If at the time the force majeure arises Vitech has already fulfilled part of its obligations or can only fulfil part of its obligations, Vitech shall be entitled to invoice that portion of the performance and the other party shall pay the invoice as if it related to a separate agreement. This shall not apply if the partial performance has no independent value.
Article 13 Settlement of disputes
All disputes that arise from or in connection with these terms and conditions and/or the agreement(s) they apply to between Vitech and the other party shall be brought before the competent Court of Maastricht (the Netherlands) exclusively.
Article 14 Applicable law
Each agreement between Vitech and the other party shall be solely subject to Dutch law.
Article 15 Modification of the conditions
Vitech has the right to modify the present conditions. The modifications shall take effect from the announced point in time. If no time of taking effect has been announced, the other party shall be bound by the modified conditions from the moment of communication.