Order and payment information
Delivery will take place after payment which prevents that spurois orders are placed in your name.
Payment methods:
iDEAL:
Internet payment offered by various banks
(among others
ABNAMRO,
ING,
Postbank and
Rabobank)
Advantage: your order is processed immediately without costs of payment (except small order costs (below or equal to €150,00))
Cash on Delivery:
Maximum amount total order €2275.00. Costs €10.00. (The amount is settled on delivery by the parcel delivery service.)
Transfer via the bank:
Your order will be processed upon receipt of your payment.
Article 1: General
(1) In these conditions Endoplaza V.O.F. with its seat in Hoogezand, is specified as Endoplaza. (2) On all offers of Endoplaza the following conditions for delivery and payment apply. The conditions are accessible to everybody and they are included in Endoplaza’s (www.endoplaza.nl). (3) The conditions mentioned herein prevail at any time over those of the buyer, irrespective of whether the conditions of the buyer conflict with or deviate from the conditions of Endoplaza.
Article 2: Conclusion of the agreement
(1) The purchase agreement is binding once acceptance is given to Endoplaza’s on the internet or otherwise. Acceptance takes place by receipt of the potential buyer’s order through confirmation of order by email. (2) Endoplaza has the right to refuse orders or assignments without reason given.
Article 3: Quotations
(1) Endoplaza’s price listing are not quotations. (2) All quotations have a validity of 14 days unless otherwise stipulated. (3) Quotations are not binding, unless otherwise stipulated in the quotation.
Article 4: Offers
(1) Offers mentioned on the Endoplaza website apply as long as they are on the site. (2) Endoplaza reserves the right to change prices in the offers.
Article 5: Prices
(1) All Endoplaza prices exclude VAT. (2) Product prices are those mentioned in the Endoplaza price list with reservation of typing and printing errors. In that case, Endoplaza has the obligation to inform the buyer before delivery. (3) Endoplaza products are supplied at the prices applicable at the date of order.
Article 6: Illustrations
All illustrations, drawings, specifications about weights, measurements, colours and so forth included in this website, are approximately and they cannot give rise to a claim for compensation and/or rescission.
Article 7: Payment
(1) The general rule is that delivery takes place after the payment has been received, unless explicitly agreed otherwise. Payment can take place as cash on delivery, through IDEAL or through payment in advance on our account. Delivery on receipt of invoice is only possible if explicitly agreed between both parties concerned. (2) In case Endoplaza sends an invoice, payment should take place within fourteen days after the invoice date, unless otherwise agreed in writing. (3) If the buyer has not settled the invoice by the due date Endoplaza will charge, without prior notice, 2% interest per month on the outstanding amount, where the current month would be considered as a whole one. (4) Endoplaza is entitled to hand over the case for collection when the buyer has failed to honour his/her financial commitment. As soon as Endoplaza has handed over the matter we are entitled to charge a collection fee. (5) Complaints and/or guarantee claims do not give any right to postponement of payment or partial payment.
Article 8: Shipment
(1) All risks incurred during shipment are borne by Endoplaza. The buyer bears the risk of the products from the moment the products are presented for receipt at the requested address. (2) The buyer is obliged to accept the products on receipt. Should the products prove to be defective, they would be stored by GLS. (3) When the buyer refuses to accept the products upon delivery they are sent back to Endoplaza.
Article 9: Delivery
(1) In the case of cash paymenton delivery, delivery takes place as a rule two working days after receipt of the order. In the case of payment in advance the same conditions apply as for cash on delivery, however, the starting day of the two day count is the day of receipt of payment and not the day the order is placed. Should the time of delivery exceed the two days, then the buyer will be informed accordingly with a statement of the reason for the delay. (2) The delivery dates should be considered being as tentative dates and a commitment for endoplaza to make the best effort. (3) Failure to deliver the goods at the agreed date does not give rise to any compensation entitlement, contract termination right or any other legal action against Endoplaza.
Article 10: Guarantee
(1) Endoplaza guarantees, to the best of our knowledge and capability, the quality and soundness of the products and services Endoplaza supplies, with the understanding that the guarantee does not go beyond the following provisions. (2) The guarantee periods that endoplaza provides for our products are the samen ones as those provided by the manufacturers and suppliers. (3) Endoplaza gives no guarantee on consumer products, unless an explicit guarantee has been given in writing. (4) The buyer cannot appeal to conditions of guarantee: A: if the buyer has neglected the products. B: if the buyer has made changes to the products, where change is understood broadly and therefore, it may include repairs that have not been made or commissioned by Endoplaza. C: by improper or negligent use, wrong connection, wrong mains voltage, bolt of lightning, damage through the effect moisture action or other external calamities coming from outside. D: if the apparatus has not been kept properly or as described in the manual. E: if the apparatus is used with secondary or wrong accessories. F: if the buyer in another inattentive way has carelessly treated the products.
Article 11: Restriction of ownership
The ownership of products supplied by Endoplaza is explicitly reserved until the full purchase price has been settled.
Article 12: Liability limitation
(1) Endoplaza does not accept any responsibility for damage of the buyer’s or any third party’s non-Endoplaza implements, systems or software caused by a fault in any of the products we supplied. (2) Endoplaza is in no way responsible for damage to products being caused through wrong treatment, lack of expertise, wrong assembly, use other than described in the manual.
Article 13: Force majeure
(1) If Endoplaza cannot carry outs its obligations due to force majeure reasons, the fulfilment of those obligations is postponed during the duration of the force majeure. (2) If the force majeure lasts 1 month, both parties are entitled to declare the contract void permanently or temporarily until the force majeure reason is no longer justified. (3) In case of force majeure the buyer has no right to any compensation. (4) Endoplaza will expeditiously inform the buyer of a forthcoming force majeure situation.
Article 14: Rescission
(1) If the buyer fails to fulfil its obligations vis-à-vis Endoplaza or fails to do so in a timely or proper manner, if a lawsuit has been/is filed the buyer, if the buyer is declared to be sued, he requests a suspension of payment or proposes a consolidation to his creditors or part of them, furthermore in case of confiscation of his assets or a part of them when the buyer proceeds to sell her/his company or to declare it bankrupt, in the case of decease, when the buyer has been made a ward of court, if the buyer loses in one way or another the management or the leadership of her/his company, her/his products or a part of them, if the buyer is a defaulter and so is every claim which Endoplaza has or obtains at his expense, immediately or in one go due without any claim for proof of default. (2) In cases mentioned under (1), Endoplaza has the right, to suspend or to dissolve the contract completely or partially without bearing the proof of default. (3) In that case Endoplaza is at all times entitled to demand compensation from the buyer and to take back the products supplied. (4) In case the buyer wishes to terminate the contract the buyer has to file a default report for Endoplaza and we will grant the buyer a reasonable period to fulfil her/his obligations or to restore shortcomings, which should be thoroughly described in writing. (5) A buyer in default has no right to rescind the contract completely or partially nor to postpone her/his obligations. (6) In case of a partial rescission the buyer cannot claim to refuse the actions already carried out by Endoplaza and Endoplaza has full right to receive payment for the actions already carried out.
Article 15: Arbitration
Endoplaza is governed by Dutch Law. In case of unresolved disputes between the buyer and Endoplaza the decision of the judge will be binding.
Endoplaza
