General terms and conditionsToolstation NL B.V. is a private limited company registered with the Dutch Chamber of Commerce under number 63449595 with VAT number NL8552.40.854.B01.
In these terms and conditions, the following words are defined as stated below:
- Toolstation: Toolstation NL B.V., with its registered office at Touwbaan 40, 2352 CZ Leiderdorp, and registered under number 63449595 with the Chamber of Commerce (correspondence address: PO Box 131, 2350 AC Leiderdorp)
- Consumer: a natural person who purchases Products from Toolstation for private use outside the carrying on of a profession or a business
- Customer: any natural or legal person who purchases Products from Toolstation
- Website: www.toolstation.nl
- Price: the Price for Products expressed in euros, exclusive of transport costs, inclusive of VAT
- Products: Products purchased by the Customer from Toolstation
Formation of an agreement
All orders for Products shall be regarded as an offer by the Customer to purchase the Products under the Terms and Conditions of this agreement. Toolstation accepts such offer under these Terms and Conditions at the time that it confirms the order, or by actually implementing the order. Quotations by Toolstation are valid for 10 days, except if a different period is specified in the quotation. Information, pictures or statements provided by Toolstation with regard to offers and the essential features of the Products, shall be as accurate as possible. Toolstation shall, however, not guarantee that all offers and Products fully correspond with the information given. Deviations can in principle not result in compensation and/or termination of the agreement.
Costs and Price Changes
The cost price of the Products and the amount of the delivery costs are stated on the Website or in the catalogue. Toolstation expressly reserves the right to change the prices and to correct any errors. Toolstation cannot be held liable for any errors occurring in its prices or Terms and Conditions. Toolstation may at any time pass on any changes in taxes, excise duties and similar government levies in the price of the Products.
Customers who order Products at Toolstation shall pay prior to the delivery of the Products. In the event of late payment by the Customer, interest of 8% per year shall be due over the outstanding amount from the day on which payment should have been made at the latest until the day of full payment. In addition, also all legal and other costs of any nature whatsoever incurred by Toolstation as a result of the Customer’s failure to meet his payment obligations shall be payable by the Customer. In case of late payment, Toolstation shall be authorised to refuse or suspend any subsequent orders by the Customer.
Delivery and Delivery Time
Deliveries are exclusively within Europe. Orders will be delivered as soon as possible. In principle, Toolstation aims to deliver orders in the Netherlands and Belgium within 24 hours. For locations outside the Netherlands and Belgium, Toolstation aims to deliver the order within 3 to 7 days, depending on the country of destination. The expected delivery time for each country is indicated on the Website. These (and other) delivery times are indicative only and shall in no event be regarded as final deadlines. If a Product is temporarily out of stock, we shall indicate when the Product is expected to become available again. Delays caused by Toolstation shall be notified to the Customer by e-mail or by telephone. Products will be delivered to the Customer behind the first door on the ground floor at the address provided by the Customer at the time of the formation of the agreement, provided that such address will be properly accessible for a normal goods vehicle. Additional costs in connection with difficult access or delivery to a place other than the above shall be for the expense of the Customer. Toolstation reserves the right to deliver orders as part shipments.
Ownership and Risk
The ownership of Products shall be transferred at the moment that all amounts due to Toolstation have been paid. The Customer shall not be allowed to sell, resell, dispose of or otherwise encumber the Products prior to the transfer of ownership thereof. The Customer should also clearly mark the Products as being the property of Toolstation and the Customer hereby gives Toolstation permission to pick up the Products at the address of the Customer where the Products are kept. The risk shall transfer at the moment of the delivery of the Products.
Subject to intent (opzet) or deliberate recklessness (bewuste roekeloosheid) by Toolstation, and to the extent permitted by law, Toolstation’s total liability toward the Customer (not being a Consumer) is limited to the amount provided for in the case in question under the relevant insurance of Toolstation.
Rejection and reflection period
Within 30 days of purchasing in the distribution centre or after delivery, Customers may reject Products because of visible deviations from what has been agreed upon. Thereafter, the Products shall be deemed to have been accepted. When returning a Product, it should be accompanied by the original invoice in the original packaging, without damage, in a saleable condition and with the accessories that were delivered with the Product. In addition, Consumers may also unilaterally terminate the purchase of Products without giving any reason within 14 days after receipt of a Product. Toolstation may ask for a written confirmation thereof. Termination is not possible for Products that have been manufactured in accordance with the specifications of the Consumer and for other cases that are excluded by law. The Customer shall be responsible for returning the Product and the associated costs. The Price and any other amounts paid by the Customer shall be reimbursed to the Customer within 14 days of the termination. The costs for returning a Product, as well as any damage, shall be deducted from the amount to be reimbursed. All rights in connection with defects in a Product shall lapse if the Customer has not notified Toolstation in writing of the alleged defects within two months after discovery. This provision shall not affect the rights of Consumers with respect to defects in Products. Specially ordered quantities cannot be returned.
In the event of force majeure, Toolstation shall not be obliged to meet its obligations towards the Customer, or the obligation shall be suspended respectively for the duration of the force majeure. Force majeure is understood to mean any circumstance beyond its control, thereby preventing fulfilment of its obligations toward the Customer in full or in part. These circumstances include, i.a., strikes, fire, operational failures, power failures, transport barriers, non or late delivery by suppliers or other third parties and the absence of any permits to be issued by the government. Force majeure shall also include failures in a communication or other network and/or the Website not being available. If the force majeure continues for a period of at least 30 days, Toolstation shall be entitled to terminate the agreement without the Customer being entitled to any form of compensation.
Toolstation may amend these Terms and Conditions at any time, in which case the new terms and conditions shall apply immediately to the purchase of any new Products. Products already sold shall remain to be subject to the Terms and Conditions applicable at the time of entering into the agreement.
All offers, agreements and these Terms and Conditions shall be governed exclusively by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The Amsterdam civil court has exclusive jurisdiction to hear disputes between the parties, in so far as mandatory rules of law do not stipulate otherwise. For any on-line settlement of disputes, the Consumer may use the ODR platform. This link will give you access to the ODR platform: a href=”http://ec.europa.eu/consumers/odr/”>http://ec.europa.eu/consumers/odr/.
PRO-CARD SPECIFIC TERMS AND CONDITIONS
The Toolstation “PRO-card” is part of the customer relationship program of Toolstation. These PRO-card specific Terms and Conditions (the Terms) include the terms that apply to the use of the PRO-card in addition to Toolstation’s general Terms and Conditions. Any Definitions used herein shall have the meaning ascribed thereto in Toolstation’s general Terms and Conditions. By submitting a registration form to Toolstation to register an Account, the Customer accepts these Terms.
Each Customer, not being a Consumer, with a minimum age of 18, registered with the Chamber of Commerce and having a Dutch business bank account, may register for an account in order to use the PRO-card (the Account). In order to obtain a PRO-card, the Customer must complete a registration form submitted by Toolstation. Toolstation may, at its sole discretion, refuse acceptance of any registration. The Customer warrants it has completed the registration form correctly and it authorizes Toolstation to perform all checks concerning its identity and domicile. Any change of address, name or any indication that may be relevant for Toolstation in relation to the PRO-card must be notified by Customer to Toolstation as soon as possible. A Customer may register for one Account with one or more PRO-cards. The PRO-card remains the full and entire property of Toolstation. The PRO-card is strictly personal and only the Account holder can benefit from its benefits. The PRO-card cannot be transferred to another Account. By joining the PRO-card program, the Customer allows Toolstation to send all communications in relation to the PRO-card by e-mail. Toolstation will set a credit limit for the PRO-card and will inform the Customer in writing of any changes.
Toolstation will request a credit reference with an undisclosed credit reference agency to review your payment performance before opening an Account. In some instances Toolstation may also make a search on the personal credit file of principal directors in order to establish your solvency position. Toolstation may also periodically search the files of credit reference agencies and keep a record of that search. Toolstation will monitor and record information relating to Customer’s payment performance, such records may be made available to credit reference agencies, who will share that information with other businesses when assessing applications for credit and fraud prevention.
The PRO-card is valid in conjunction with a valid SEPA direct debit Mandate. After nonuse of 3 years the SEPA Mandate expires and therefor also the PRO-card registration. Toolstation and the Customer may at any time cancel the PRO-card and terminate the Account. In the event of loss or theft of the PRO-card, the Customer must call the Customer Card Service on the number +31 (0)71-5815050 during opening hours to declare loss or theft. Only the first renewal of a PRO-card is free and the validity period of the new PRO-card is identical to that of the initial PRO-card. The lost or stolen PRO-card will be deactivated. The Customer may terminate its Account by mail with acknowledgment of receipt sent to the following address: TOOLSTATION NL B.V. – Customer Card Service – PO Box 131 (2350 AC) Leiderdorp, Netherlands or by email: firstname.lastname@example.org. The mail must be accompanied with the following information: Company name, Name, First name, Address, and PRO-card number. Any outstanding amounts on the Account will be immediately due and payable.
The PRO-card and user’s ID must be presented at all times in order to purchase goods or services on the Account. Toolstation will either provide the Customer with a receipt for any Account purchases at the time of purchase in a store or upon delivery. Customer must keep these receipts for its own records. Customer will be sent a statement with a listing of all purchases at the beginning of each calendar month and payment must be made by the 15th day of the month following the month in which the purchase was made. Any payment to Toolstation must be in Euros by way of direct debit (SEPA Mandate). If the Customer in whose name the PRO-card will be held is a company, and you are a director of the company, you will personally guarantee the performance of all of Customer’s current and future financial obligations to Toolstation (including any subsequent increase(s) in the credit facility extended to the Customer). Customer may not withhold payment of any invoice or other amount due to Toolstation by reason of any right of set off or counterclaim, which Customer may have, or alleges to have. The Customer shall, as a result of overdue payment, be in default, without any written reminders or notice of default being required If Customer does not pay the outstanding balance on the Account in full and on time, interest is payable at the rate of 8% per year on any such overdue amounts from the due date until payment is made in full (including any accrued interest) whether before or after judgment, together with any reasonable legal and/or other recovery costs.
Liability of the Cardholder – Liability Toolstation
The holder of the Account is responsible for the use of the PRO-card. Any breach of these Terms, any fraudulent use by any cardholder or any third party acting on behalf of a cardholder, shall automatically entail the restitution of the PRO-card and its cancellation without compensation of any kind. Customer must inform Toolstation immediately if (i) it becomes aware, or suspects, that the Account is being misused, (ii) if any PRO-card has been lost, stolen or misused, or (iii) the Account statement appears to wrongly include any item. Until Customer notifies Toolstation of these events, it will be liable for any losses Toolstation suffers as a result of any misuse of the Account and any PRO-cards. Toolstation is exempt from all liability for all consequences of any malfunctioning of the PRO-card.