General terms and conditions

GENERAL TERMS AND CONDITIONS - WEBSHOP

Article 1 – Definitions

1. Benji-Security, established in Tholen, Chamber of Commerce number 83156798, is referred to as the seller in these general terms and conditions.
2. The counterparty of the seller is referred to in these general terms and conditions as the buyer.
3. The parties are seller and buyer together.
4. The Agreement means the purchase agreement between the parties.

Article 2 - Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
2. Deviation from these conditions is only possible if this has been expressly agreed in writing by the parties.

Article 3 – Payment and delivery

The full purchase price is always paid immediately in the webshop. A down payment is expected with every purchase.

Your order will be delivered within 1 to 2 business days within the Netherlands, provided that it is in stock and has been paid in full in advance and has been received in our account. Orders to Belgium or Germany can only be sent if the full amount including shipping costs has been paid in full in advance and has been received in our account. The term of 1 business day applies from the moment of receipt of your payment. All orders will be confirmed by e-mail within 1 business day. Therefore, do not forget to mention your e-mail address. Please note that transfers from the giro to the bank take an average of 5 business days. From bank to bank this is 2 business days.

In the event of bankruptcy, attachment or suspension of payment of the buyer, the seller's claims on the buyer are immediately due and payable.

If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

Stock status
No rights can be derived from our stock status. We try to keep our stock status as up to date as possible. If a product is not in stock, we will try to deliver your order as soon as possible.

Article 4 – Offers, quotations and price

1. Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that term, the offer will lapse.
2. Delivery times in quotations are indicative and do not entitle the buyer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
3. Offers and quotations do not automatically apply to repeat orders. Parties must agree to this explicitly and in writing.
4. The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.

Article 5 – Right of withdrawal

1. The consumer is given the right to dissolve the agreement within 5 working days after receipt of the orders without giving reasons (right of withdrawal). The term starts from the moment the (entire) order is received by the consumer.
2. There is no right of withdrawal if the products are custom-made according to your specifications or have a short shelf life.
3. The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately after the buyer's request.
4. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6 – Amendment of the agreement

1. If during the execution of the agreement it appears that it is necessary to change or supplement the work to be carried out in order to properly execute the assignment, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected. Seller shall inform buyer of this as soon as possible.
3. If the amendment or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer in writing in advance.
4. If the parties have agreed on a fixed price, the seller will indicate to what extent the amendment or addition to the agreement will result in an excess of this price.
5. By way of exception to the provisions of the third paragraph of this article, the seller may not charge additional costs if the change or addition is the result of circumstances that can be attributed to him.

Article 7 – Delivery and transfer of risk

1. Once the purchased goods have been received by the buyer, the risk passes from seller to buyer, subject to warranty arrangements.

Article 8 – Investigation, complaints

1. Buyer is obliged to examine the delivered goods at the time of delivery, but in any case within the warranty period. In doing so, buyer must examine whether the quality and quantity of the delivered goods correspond with what the parties have agreed, or at least whether the quality and quantity meet the requirements that apply to them in normal (commercial) traffic.
2. Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to the seller within 5 working days after the day of delivery of the goods by the buyer.
3. If the complaint is found to be justified within the specified period, the seller has the right to either repair or redeliver, or to cancel delivery and send the buyer a credit note for that part of the purchase price.
4. Minor and/or industry-standard deviations and differences in quality, colour, quantity, size or finish cannot be held against the seller.
5. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement.
6. After the goods have been processed by the buyer, no more complaints will be accepted.

Article 9 – Samples and models

1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the item to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.
2. In agreements relating to immovable property, any mention of the surface area or other measurements and indications is also presumed to be intended only as an indication, without the item to be delivered having to correspond to it.

Article 10 – Delivery

1. Delivery is via 'web shop', which means that all costs are for the buyer.
2. The buyer is obliged to take delivery of the goods at the time the seller delivers them or has them delivered to him, or at the time the goods are made available to him in accordance with the agreement.
3. If the buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, the seller is entitled to store the item at the buyer's expense and risk.
4. If the goods are delivered, the seller is entitled to charge any delivery costs.
5. If the seller requires information from the buyer for the delivery of the agreement, the delivery time commences after the buyer has made this information available to the seller.
6. A delivery term given by the seller is indicative. This is never a fatal term. If the term is exceeded, the buyer must give the seller written notice of default.
7. Seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value. In the event of delivery in parts, Seller is entitled to invoice these parts separately.

Article 11 – Force Majeure

1. If the seller is unable to fulfil his obligations under the agreement, or is unable to fulfil them in a timely manner or properly due to force majeure, he shall not be liable for any damage suffered by the buyer.
2. Force majeure shall in any event be understood by the parties to mean any circumstance which the seller could not have taken into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or threat of war, civil war and riot, molestation, sabotage, terrorism, power failure, flooding, earthquake, fire, occupation of a company, strikes, lock-out, changed government measures, transport difficulties and other disruptions in the seller's business.
3. Furthermore, the parties understand force majeure to mean the circumstance that suppliers on which the seller depends for the performance of the agreement do not meet their contractual obligations towards the seller, unless this is attributable to the seller.
4. If a situation as referred to above occurs as a result of which the seller cannot meet its obligations towards the buyer, those obligations will be suspended for as long as the seller cannot meet its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to terminate the agreement in writing in whole or in part.
5. If the force majeure lasts longer than three months, the buyer has the right to terminate the agreement with immediate effect. Termination can only be done by registered letter.

Article 12 – Transfer of rights

1. Rights of a party under this agreement may not be transferred without the prior written consent of the other party. This provision shall be deemed to be a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Article 13 – Retention of title and right of retention

1. The goods present at the seller and the goods and parts delivered remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke his retention of title and take back the goods.
2. If the agreed advance payments are not paid or not paid on time, the seller has the right to suspend the work until the agreed part has been paid. This is considered a creditor's default. In that case, a late delivery cannot be held against the seller.
3. The seller is not authorised to pledge or otherwise encumber the items subject to his retention of title.
4. If goods have not yet been delivered, but the agreed advance payment or price has not been paid as agreed, the seller has the right of retention. The goods will then not be delivered until the buyer has paid in full and as agreed.

Article 14 – Liability

1. Any liability for damage resulting from or related to the performance of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
2. The seller is not liable for damage resulting from intent or deliberate recklessness on the part of the seller or his managerial subordinates.
3. Benji-Security does not sell IPTV subscriptions or pre-installed boxes. We will not give you the names of providers.
   We exclusively supply receivers that can play IPTV subscriptions.
   For IPTV subscriptions we recommend that you inquire with Canal Digitaal, Ziggo or other major providers that sell IPTV subscriptions.
   Benji-Security is not liable for the consequences and/or damage caused by illegal use of our products.

Article 15 – Obligation to complain

1. Buyer is obliged to report complaints about the work performed to seller immediately. The complaint contains a description of the shortcoming in as much detail as possible, so that seller is able to respond adequately.
2. If a complaint is justified, the seller is obliged to repair the goods and, if necessary, replace them.

Article 16 – Guarantees

1. All items come with a factory warranty. Information about this can be found in the documents with the product. To make use of your warranty, send an e-mail to info@benji-security.nl . You will receive a confirmation as soon as possible with the required RMA number and a description of the procedure to be followed. If the 8-day money-back guarantee still applies, we will send the replacement item as soon as possible. If this warranty period has already expired, the defective item will be offered to the supplier for repair. As soon as we have received the item back, we will send it back to you as soon as possible.
2. The aforementioned warranty does not apply if the defect has arisen as a result of improper or inappropriate use or if – without permission – the buyer or third parties have made or attempted to make changes or have used the purchased item for purposes for which it is not intended.
3. If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by the manufacturer.

Warranty within the warranty period

If your purchased product breaks within the warranty period, it will of course be repaired free of charge. We will follow the warranty period of the manufacturer in question. Please note: When returning, the shipping costs are for the account of the buyer.

Warranty outside the warranty period

In certain cases, the repair is unfortunately not covered by the warranty conditions. If the warranty period has already expired, the defective product will be offered to the supplier for repair or we will make you a repair proposal that involves costs. As soon as the product has been repaired or we have received the product back from the supplier, we will send it back to you as soon as possible.

Service costs

For repairs outside the warranty period, a research fee of €35 will be charged. Our Technical Service will then first give you a quote before starting the repair. If you have made a request for a quote but later reject it, you will only pay the research costs. After receiving the quote, you can inform our Technical Service whether or not you wish to proceed with the repair. The amount must be paid in advance.

Article 17 – Applicable law and competent court

1. This agreement between seller and buyer is exclusively governed by Dutch law.
2. The Dutch court in the district of Middelburg has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
3. If one or more provisions of these general terms and conditions are deemed to be unreasonably onerous in legal proceedings, the other provisions will remain in full force.