General terms and conditions for Dinkra, established in Pernis

Version is valid from 1 January 2015

1 General

1.1 These terms and conditions apply to all offers of Dinkra. The conditions are accessible to all on the website www.dinkra.com. We will send you a written copy on request.

1.2 By placing an order you acknowledge that you agree with these terms and conditions. Dinkra reserves the right to makes changes to these terms and conditions.

1.3 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not authorised by Dinkra.

1.4 Dinkra guarantees that the delivered product or service complies with the agreement and meets the specifications listed in the offer.

2 Delivery

2.1 Delivery will takes place while stocks last.

2.2 Under the rules of distance selling Dinkra will execute orders within 30 days. If this is not possible (because the item ordered is out of stock or no longer available) or for any other reason causing delays, or in cases where an order cannot or can only partially be executed, staff of Dinkra will contact the customer within 24 hours after placing the order. Here the customer is given the opportunity to select another similar product. The customer will also be entitled to cancel the order without costs or notice of default.

2.3 The obligation of Dinkra to deliver will, subject to proof, be met when the delivered goods are offered to the customer.

2.4 All terms referred to on the website are indicative. No rights may be derived from these terms.

3 Prices

3.1 Prices are not being increased within the duration of the offer. Dinkra reserves the right to raise the product prices, should legal measures necessitate this, or if the supplier raises his prices in the meantime.

3.2 All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.

3.3 All prices are in Euros and include 21% VAT.

4 Approval period/right of withdrawal

4.1 With a consumer purchase, in accordance with the Distance Sales Act (Wet verkopen op Afstand, Article 7:5 Dutch civil law), the customer has the right to return (part of) the goods within a period of fourteen days without providing any reason for doing so. This period commences the moment the ordered goods are delivered.

4.2 The customer is obliged, before proceeding to return goods within the period of fourteen days after delivery, to provide Dinkra with notification in writing. The customer is obliged, following this notification in writing, to return the products to Dinkra within fourteen days.

4.3 Goods must be returned as much as possible in their original condition. If the goods are used by the customer, encumbered or damaged in any way, the right to terminate under this paragraph is revoked.

4.4 Subject to the provisions in the previous sentence, Dinkra will ensure that, within 14 days after receipt of the return, the full purchase price will be refunded to the customer. The return of the delivered goods is the sole responsibility and risk of the customer.

4.5 The right of withdrawal does not apply to:

goods which are manufactured according to customer specifications, such as customised goods, or goods which have a clearly personal nature;

5 Data management

5.1 When you place an order, your data will be included in a customer database of Dinkra. Dinkra abides by the (Dutch) Act on Registration of Personal Data (Wet Persoonsregistraties), by way of a privacy policy, and will not share your information with third parties. Please read also our Privacy Policy.

5.2 Dinkra respects the privacy of the users of the website and will maintain strict confidentiality of your personal information.

5.3 Dinkra sometimes makes use of a mailing list. Each mailing includes instructions to remove yourself from this list. 

6 Warranty and compliance

Dinkra guarantees that the products comply with the agreement and the specifications stated in the offer.

7 Offers

7.1 Offers are free of obligation, unless otherwise stated in the offer.

7.2 Upon acceptance of an offer by the consumer, Dinkra reserves the right to change the offer within 3 working days of receipt of such acceptance or to deviate from it.

7.3 Verbal commitments will only be binding upon Dinkra after they have been expressly confirmed in writing.

7.4 Offers from Dinkra do not automatically apply to repeat orders.

7.5 Dinkra cannot be held to its offers if the customer ought to have understand that the offer, or any part thereof, contained an obvious mistake or error.

7.6 Additions, modifications and/or further agreements are only valid if agreed in writing.

8 Agreement

8.1 The agreement is established after an order has been evaluated by Dinkra for feasibility.

8.2 Dinkra reserves the right, without providing any reason, not to accept orders or custom orders.

9 Images and specifications

All images, photographs, drawings, etc. - including information concerning weight, dimensions, colours, images of labels, etc. on the website of Dinkra are only approximate, are indicative and may not lead to damages or dissolution of the agreement.

10 Force majeure

10. Dinkra is not liable if and when it cannot fulfill its agreements due to force majeure.

10.1 Force majeure comprises any strange cause as well as any circumstantial situation which cannot reasonably be held to be the responsibility of Dinkra. Delay or failure by our suppliers, internet disruptions, electric failure, disruptions to e-mail communications and disruptions or changes to technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of Dinkra, sickness of staff members, and defects in aid or means of transport are explicitly considered as force majeure.

10.2 In the case of force majeure, Dinkra reserves the right to suspend the agreement wholly or partially, or to demand that the content of the agreement be modified so that the realisation of the agreement remains feasible. Under no circumstances will Dinkra be obliged to pay any penalty or compensation for damage.

10.4 If Dinkra at the commencement of the force majeure whether in part or can only partially fulfill its already delivered obligations, Dinkra is entitled to invoice the deliverable part separately and the buyer is obliged to pay this invoice as though a separate contract. This does not apply if already delivered or deliverable part has no independent value. 

11 Retention of title

All goods delivered by Dinkra under the terms of the agreement remain its property until the customer complies fully with all the obligations contained in the agreement(s) made with Dinkra.

12 Governing law/competent court

12.1 All agreements are governed by Dutch law.

12.2 The competent court in the district of Rotterdam takes cognizance of disputes arising from an agreement between Dinkra and the customer which cannot be resolved by mutual agreement, unless Dinkra prefers to submit the difference to the competent court of the residence of the customer, with the exception of those disputes that fall under the jurisdiction of a magistrate.

Team Dinkra