Terms and Conditions
Article 1. Applicability
1.1 All ToolMania offers, orders, and agreements are subject to these Terms and Conditions.
1.2 Accepting an offer or making an order means that you accept the applicability of these Terms.
1.3 The provisions of these Terms and Conditions may be waived only in writing, in which case the remaining provisions will remain in force.
1.4 All rights and claims, as set out in these Terms and Conditions and any further agreement for Toolmania, shall be deemed equally applicable to ToolMania enabled intermediaries and other third parties.
Article 2. Offers / Agreements
2.1 All ToolMania offers are free of obligation, and ToolMania explicitly reserves the right to change prices, especially when required by law. See also article 3.6.
2.2 An agreement will only come into effect upon acceptance of your order by ToolMania. ToolMania is entitled to refuse orders or to place certain terms on delivery, unless expressly stated otherwise. If an order is not accepted, ToolMania will inform you within 10 (10) business days of receipt of the order.
Article 3. Prices and payments
3.1 The prices quoted for the products and services offered are in Euros, including VAT and excluding handling and shipping costs, any taxes or other charges, unless otherwise stated or agreed in writing.
3.2 Payment must be made without discount or compensation within fourteen (14) days after the invoice date, if delivered within the Netherlands, and within twenty-one (21) days after the invoice date, if delivered outside the Netherlands, unless otherwise agreed in writing.
3.3 Payment can be made by acceptance fee, prepayment or on receipt by cash receipt (cash on delivery). For payment by bank or giro, the date of payment is the date of crediting of ToolMania's giro and bank account.
In case of payment by bank transfer (cash on delivery), the invoice will be signed off and provided with a stamp for payment.
3.4 If the payment period has been exceeded, you will be due from the day that payment should have been made in default and you will owe a delay rate of 1% per month or a part of a month over the outstanding amount. If payment is made after ToolMania's notice, you will be required to pay an amount of twenty-five euros (€ 25.00) to administrative costs and if ToolMania outsources your claim for collection, you will also be subject to the collection fee, which is at least fifteen percent (15%) of the outstanding amount, without prejudice to ToolMania's authority to claim the actual extrajudicial collection costs instead.
3.5 If you are in default of any payment, ToolMania is entitled to suspend or terminate the relevant agreement and related agreements.
3.6 If the prices for the products and services offered increase during the period between the order and its execution, you are entitled to cancel the order or to terminate the agreement within ten (10) days after notification of the price increase by ToolMania.
Article 4. Delivery
4.1 The delivery times specified by ToolMania are indicative only. Exceeding any delivery period will not entitle you to compensation or the right to terminate your order or to terminate the agreement unless the delivery period is exceeded so that you may not reasonably be required to enter into the agreement. In that case, you are entitled to cancel the order or to dissolve the agreement as far as is necessary.
4.2 The delivery of the products takes place at the place and time when the products are ready for shipment to you.
Article 5. Retention of title
5.1 The ownership of delivered products will not be over until you have fulfilled all the obligations you owe to ToolMania under any agreement. The risk with regard to the products is already transferred to you at the time of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest upon the products delivered by ToolMania.
6.2 ToolMania does not warrant that the products you provide do not infringe any (unwritten) intellectual and / or industrial property rights of third parties.
Article 7. Advertising and Liability
7.1 You are obliged to check upon delivery whether the products comply with the agreement. If this is not the case, you should notify ToolMania as soon as possible and in any case within seven (7) working days after the delivery, at least after finding reasonably possible, in writing / email and motivated.
7.2 If it has been shown that the products do not conform to the agreement, ToolMania has the option to replace the products concerned with the return of them by re-entering new products or reimbursing the invoice value.
7.3 If you do not wish to withdraw a product for any reason, you have the right to return the product within seven (8) working days after delivery to ToolMania. Returns will only be accepted in this case if the packaging of the product is undamaged, as well as the cost of return shipping.
7.4 Toolmania tries to deliver the displayed product as far as possible. The illustrated article is purely for illustration and can actually differ slightly!
Article 8. Warranty
8.1 If ToolMania delivers products to the customer, ToolMania is never held a further warranty against the buyer than to which ToolMania may claim against its supplier. Replacement noticeable defects must be in accordance with contract terms, but no later than 7 (seven ) days after receipt of the goods by the client in writing. For Consumers a period of 30 (thirty) days applies. Claims received by ToolMania after the expiration of this term need not be considered by ToolMania.
8.2 ToolMania is not responsible for any shipping charges relating to the warranty.
8.3 ToolMania gives 24 months warranty for individuals and 12 months warranty for companies on parts!
Article 9. Orders / communications
9.1 For misunderstandings, mutilations, delays or improper delivery of orders and communications resulting from the use of the Internet or any other means of communication between you and ToolMania, or between ToolMania and third parties, as far as the relationship between you is concerned and ToolMania, ToolMania is not liable, unless and in so far as it may be the case of ToolMania's intention or gross negligence.
Article 10. Force majeure
10.1 Without prejudice to the remaining rights to it, ToolMania may, in case of force majeure, have the right to suspend the execution of your order, or to terminate the agreement without judicial intervention, by notifying you in writing and without the need for any compensation for ToolMania, unless under reasonable circumstances, standards of fairness and fairness would be unacceptable.
10.2 Force majeure means any defect which can not be attributed to ToolMania because it is not due to its fault and does not come under the law, legal act or traffic.
Article 11. Miscellaneous
11.1 If you submit an address to ToolMania in writing, ToolMania is entitled to send all orders, unless you provide ToolMania with a written request from another address to which your orders should be sent.
11.2 If, for a short or long period of time, ToolMania is permitted to disclose any deviations from these Terms, then it shall not affect its right to demand immediate and strict compliance with these Terms and Conditions. You can never make any right due to the fact that ToolMania applies these Terms smoothly.
11.3 Should any of the terms of these Terms or any other agreement with ToolMania be in violation of any applicable legal provision, the provision in question will expire and will be replaced by a new, statutory, comparable provision to be determined by ToolMania. .
11.4 ToolMania is authorized to use third parties in the execution of your order (s).
Article 12. Applicable law and competent court
12.1 All Dutch law applies to all rights, obligations, offers, orders and agreements to which these Terms and Conditions apply and to these Terms.
12.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.