Terms and conditions

In these terms and conditions, the following definitions apply:

• Pluim Apeldoorn: [business] (Chamber of Commerce no.: 08042496 0000), the user of these terms and conditions.
• Consumer: Any individual acting for purposes outside of their trade, business or profession.
• Business: Any individual or legal entity acting in the exercise of their trade, business or profession.
• Contract: An agreement between [business] and a consumer concerning the purchase of a product.
• Distance contract: Any contract between [business] and the consumer concluded within the framework of an organised system for distance selling of goods or services, without the simultaneous physical presence of the parties, where one or more means of remote communication (such as email, website, telemarketing, telephone, etc.) are used up to and including the moment the contract is concluded.
• Consumer purchase: The purchase of one or more movable items concluded between [business] and the consumer.
• Cooling-off period: The period within which the consumer may exercise the right to withdraw from the distance contract.
• Termination: the consumer's right to cancel the distance contract within the cooling-off period.
• Product: the product or products that the consumer purchases from [business].

Name of business: [business]
Trading under the names: [trading as]
Registered address: [address], 7325 WZ [town]
Telephone number: [telephone]
Email: info@pluimtransport.nl
Chamber of Commerce (KvK) number: [chamber of commerce]
BTW (VAT) number: NL856423816.B.01

1. These general terms and conditions are applicable, to the exclusion of all other terms and conditions, to all (pre-contractual) offers and quotations made by [business] and to all distance contracts concluded between [business] and the consumer.
2. Prior to the conclusion of any distance contract, these terms and conditions shall be made available to the consumer electronically in such a way that the consumer can store them on a durable medium.
3. Deviations from these general terms and conditions are only permitted insofar as [business] and the consumer have expressly agreed to them in advance in writing. Such a deviation applies once, unless explicitly stated otherwise.
4. Where these terms and conditions refer to 'in writing', this also includes electronic communications.
5. Should a contract be concluded between [business] and another business entity, these terms shall apply in full, except for Articles 5 and 11. Where the term 'consumer' appears in these terms and conditions, it should be read as 'business' where appropriate.

1. The offer includes a complete and accurate description of the products and/or services offered. Images used by [business] are faithful representations of the products offered. Obvious mistakes or errors in the offer are not binding on [business].
2. Furthermore, the offer includes other relevant information that clarifies the consumer's rights and obligations, such as the duration of the offer, the terms of the offer, the price of the product inclusive of VAT, any delivery charges or the indication of potential additional delivery costs and the available methods of payment.

1. The contract is concluded when the consumer accepts the offer and meets the conditions set. [business] shall confirm the contract via email.
2. If the contract is concluded electronically, [business] shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure online environment. If electronic payment is available to the consumer, [business] shall observe appropriate security measures.

1. The consumer may cancel a distance contract relating to the purchase of a product without stating a reason within 14 days from the day the consumer receives the product. Cancellation can be effected by completing and returning the model form provided as Appendix I to these general terms and conditions. This model form shall be provided to the consumer digitally at the time of concluding the contract.
2. The consumer may only exercise their right of withdrawal if the product is complete, undamaged and unused.
3. During the 14-day cooling-off period, the consumer must handle the product and the packaging with care. The consumer may only unpack and use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The standard for this is that the consumer may only handle and inspect the product as they would in a store.
4. The consumer is liable for any diminished value of the product resulting from handling beyond that permitted under the preceding clause.
5. Should the consumer wish to exercise the right of withdrawal, they must return the product to [business] as soon as possible, but no later than 14 days after declaring their decision to exercise the right of withdrawal.
6. The consumer must return the product with all supplied accessories and, where reasonably possible, in the original packaging. The consumer shall bear the costs of returning the product.
7. If the consumer exercises the right of withdrawal, [business] shall refund any payments made by the consumer as soon as possible, but no later than 14 days following the day the consumer notifies [business] of the withdrawal.

1. Delivery shall be deemed to occur when the product is placed in the possession of the consumer. The place of delivery shall be the address provided by the consumer to [business].
2. [business] shall execute accepted orders with due expedience and, in any event, within 30 days, unless the parties have agreed to a different delivery period. If delivery is delayed, or if an order cannot be fulfilled in whole or in part, the consumer shall be notified no later than 30 days after the order was placed. In such a case, the consumer shall have the right to terminate the contract at no cost and may claim compensation for any resulting damages.
3. The risk of damage to and/or loss of the product transfers to the consumer at the moment of delivery to the consumer or to a representative designated in advance and made known to [business], unless expressly agreed otherwise.

1. Payment shall be made upon the conclusion of the contract using iDEAL, credit card, bank transfer to the account of [business] or another payment method agreed upon by the parties.
2. In the event that the consumer fails to fulfil their payment obligations, the consumer shall, after being given written notice of default by [business] and provided a 14-day period to remedy the breach, be liable for statutory interest and collection costs. These collection costs shall be capped as follows: 15% on outstanding amounts up to €2,500.00; 10% on the subsequent €2,500.00; and 5% on the following €5,000.00, with a minimum charge of €40.00.

1. [business] warrants that the product will conform to the contract and meet the specifications stated in the offer. Furthermore, [business] warrants that the product possesses the properties necessary for normal use. For the purposes of this contract, normal use is defined as use on a closed circuit. The product is expressly not intended for use on public roads.
2. The consumer is solely responsible for the assembly of the product. [business] does not warrant the soundness of the product if the consumer fails to follow any instructions or guidelines provided by [business] or the manufacturer, including (but not limited to) installation instructions and recommended tyre pressure.
3. [business] shall not be liable for any damage and/or defects arising after delivery resulting from non-standard use, improper handling, lack of care by the consumer or modifications made by the consumer or any third party.

1. The consumer can assert no right to any form of compensation from [business] on any grounds except in cases of intent or deliberate recklessness.
2. The liability of [business] is limited to the value of the relevant product. [business] shall not be liable for any indirect and/or consequential damages.
3. [business] shall not be liable in cases of force majeure. Force majeure includes, but is not limited to, natural events (such as fire, flood, earthquake or hurricane), trade embargoes, government intervention, pandemics, war and terrorism. [business] will inform the consumer of any force majeure situation as soon as possible.

1. [business] retains ownership of all products purchased by the consumer until the consumer has fully met all payment obligations arising from the contract concluded with [business], including any claims due to the consumer's failure to comply with the contract. This clause constitutes a retention of title in accordance with Article 3:92(2) of the Dutch Civil Code.
2. The consumer is not authorised to transfer or encumber the product that is subject to title retention in any manner. This clause has the effect of a property right in accordance with Article 3:83(2) of the Dutch Civil Code.
3. The consumer is obligated to keep the delivered products, of which ownership remains with [business], separate or otherwise stored in a manner that ensures they are identifiable.

1. Complaints regarding the execution of the contract must be submitted to [business] within a reasonable time after the consumer has identified the defects, with a full and clear description of the complaint.
2. Complaints submitted to [business] will receive a response within 14 days from the date of receipt of the complaint. If a complaint requires a foreseeably longer processing time, [business] shall respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
3. In the case of complaints, the consumer must first contact [business]. Complaints can also be submitted via the European ODR platform (https://ec.europa.eu/odr).

1. [business] reserves the right to amend these general terms and conditions. Amendments to these terms and conditions shall only take effect after the consumer has been notified appropriately. If the terms and conditions are amended during the validity period of an offer, the most favourable provisions for the consumer shall prevail.
2. The invalidity of one or more provisions of these terms and conditions does not affect the validity of the remaining clauses. If any provision in these general terms and conditions is found to be invalid for any reason, the parties shall be deemed to have agreed to a valid substitute provision that approximates the intent and scope of the invalid provision as closely as possible.

1. All contracts between [business] and the consumer, as well as any disputes arising from or related to a contract between [business] and the consumer, shall be governed by Dutch law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. Where appropriate, disputes shall be submitted exclusively to the competent court of the Gelderland District Court, Arnhem location.