Terms & Conditions

General Conditions of Drone B.V. – for Companies  

 

  1. The Dutch general conditions is leading with application of the Dutch Law, but here's a quick English summary of these conditions.

  2. Most of the Dutch juridicial sentences in the general conditions do not have the same definition in the translated English version of the general conditions. If the buyer has any indistinctness with the English version of the general conditions, the buyer can always communicate with DroneX B.V. for further questions.

 

1. Definitions

General conditions: The terms of delivery by DroneX B.V. to buyers. 

DroneX B.V.: The brand name of van DroneX BV, established in Amsterdam, KVK nr: 61220477 and BTW nr: NL854258474B01; 

Buyer: the professional party who desire to buy one or more goods of DroneX B.V.  

 

2. General 

  1. The general conditions are applicable on all offers made by DroneX B.V., For the extend that the parties have not deviated from explicit and written conditions.

  2. If one or more provisions of the general conditions are void or have been annulled, the remaining provisions remain fully applicable. In this case the parties will enter in negotation in order to agree on replacement of the void c.q. anulled provisions, and replace these with new provisions, which most favorably will be extented with the intention to resemble the orginal provision,

  3. If DroneX B.V. decides to deviade from the general conditions, this does not mean that provisions are no longer applicable, or that  DroneX B.V. would lose the right to demand strict compliance in other provisions of the general conditions in any degree.

  4. The term ”written" in the general conditions includes "e-mail".  

 

3. Quatations and offers

  1. All quotations and offers of DroneX B.V. are non-committal, unless there's a term for acceptance in the offer or deal. Quotations or offers expire in the case the goods are not (temporarily) available with regard to the quotation or offer.

  2. Verbal commitments bind DroneX B.V. only after they have explicitly been confirmed in writing.

  3. Offers or quotations of DroneX B.V. do not apply automatically for future orders.

  4. DroneX B.V.cannot be held to its quotations or offers, if the buyer can reasonably understand that the quotations or offers, or a part thereof, contain a reasonable mistake or slip.

  5. The prices mentioned in the quotation or offer are excluded from VAT or other government taxes, concerning the contract costs, which  include travel, subsistence, shipping and handling, unless otherwise indicated.

  6. Additions, modifications and/or further agreements are only effective when agreed upon explicitly and written. 

 

4. Delivery 

  1. Delivery of goods  in stock normally will take upon three working days.  

  2. Delivery of goods ordered from DroneX B.V.  will be assigned as soon as possible. Goods in stock ordered before 1 PM (CEST/CET timezone) from DroneX B.V. will be shipped the same working day. The current term of delivery can be requested via the website of DroneX B.V.

  3. When agreed upon a set date/time for the completion of certain work or for the delivery of certain goods, this deadline is never obligatory.

  4. Delivery takes place on the location agreed with the buyer. The buyer is obliged to take up the goods at the moment that the goods are presented to him or made available to him. If the buyer refuses or fails to provide information necessary for the delivery, DroneX B.V. is entitled to store the goods at the expense and risk of the buyer.

  5. DroneX B.V. is authorized to engage third parties for the implementation of the agreement. 

 

5. Prices 

  1. Prices will not be increased during the term of quotation or offer, unless legal measures make this necessary or if the supplier practices temporary price policies or other reasons that were not reasonably forseeable at determination of the agreement. If such situation arises the buyer is not entitled to terminate the agreement.  

  2. All prices on the website of DroneX B.V. are subject from typos. For the consequences of typos liabilities are not accepted.

  3. All prices on the website of DroneX B.V. are in Euro’s and include 21% VAT. When you are logged in as dealer on the website of DroneX B.V., the prices are excluded of VAT.

 

6. Payment 

  1. After the conclusion of the contract the buyer shall proceed within 7 days to full payment, when failing DroneX B.V. is authorized to terminate the contract, unless otherwise agreed. 

  2. DroneX B.V. shall start implementation of the agreements after the full payment has been met by the buyer. 

  3. The buyer is legally in default if he fails to timely pay the invoice. The buyer will be owed the legal interest from the moment he is in default until the moment fulfills the full amount of the payment.

  4. DroneX B.V. has the right to have the buyer make payments in the first place to reduce costs, then deducting the interest still due and finally to reduce the principal and accrued interest.

  5. DroneX B.V. has the possibility, without being in default, to refuse an effort for payment, if the buyer designates a different order for the allocation of payment. DroneX B.V can refuse full payment of the principal, if not also the oustanding and accrued interest and allocations costs are met.

  6. The buyer is not authorized to set off payments due from the buyer to DroneX B.V.Objections to the amount of a invoice do not suspend the payment obligation.  

  7. All costs DroneX B.V. must make to obtain payment out of court from the buyer, in case he  fails or has default in payments, will come into account of the buyer. All actual judicial and extrajudicial costs that were reasonably necessary must be reimbursed by the buyer.  

 

7. Termination agreement 

  1. DroneX B.V. is authorized to suspend or terminate its obligations under the agreement - to be chosen by DroneX B.V.- if: 

  2. The buyer does not or does not timely comply with his obligations from the agreement.

  3. After concluding the agreement DroneX B.V. has reason to give rise to fear that the buyer will not comply his obligations;

  4. The buyer when concluding the agreement has been requested to give certainty for forfilling of his obligations from the agreement and these hold off or are insufficient; 

  5. In circumstances of such delay from the buyer,  DroneX B.V.  is no longer required to fulfill the agreement against the originally agreed conditions.

  6. Furthermore, DroneX B.V. is authorized to terminate the agreement when circumstances arise of such nature that fulfillment of the agreement is impossible or when other circumstances arise of such nature that the unaltered maintenance of the agreement is no longer reasonable for DroneX B.V. to be required.

  7. In case of termination the claims of DroneX B.V. on the buyer become immediately due and payable.

  8. DroneX B.V. is not liable to cause any kind of compensation because DroneX B.V. exercises her right of suspension or termination. 

  9. If the termination is accountable to the buyer, he has the obligation to compensate in all damage and costs DroneX B.V. has suffered.  

  10. In case of liquidation , (application) receivership or bankruptcy of attachment - if and where the herd is not lifted within three months - at the expense, debt or other circumstances in which the buyer os no longer free about his available ability, DroneX B.V is free to terminate the agreement immediately and with direct effect or to cancel the order or agreement without any obligation to pay any damages or compensation. The claims of DroneX B.V. to the Buyer shall in that case immediately become due and payable.

  11. If buyer cancells an order fully or partly, then the ordered and repaired goods, plus the potential drain and delivery costs, and the labourtime which was reserved integral for the buyer will be charged to the buyer.

 

8. Ascendancy 

  1. Ascendancy is every odd/outlandish cause, or every circumstance, which reasonably should not be accounted to the risk of DroneX B.V. Ascendancy also includes delay or failure by suppliers, manufacturers or other third parties engaged by DroneX B.V., Also malfunction in the Internet , malfunction in the electricity failures, malfunction in e- mail traffic and malfunction or changes in any third party delivered technology, transport problems, strikes , government measures, supply delay , staff illness and defects in appliance or shipment.

  2. In the case of Ascendancy DroneX B.V. keeps the right to suspend or terminate its obligations in parts of, or the whole agreement,  or to claim that the content of the agreement is amended so that execution remains possible. In no situation is DroneX B.V. obliged to pay any penalty or damages. 

  3. If the period of ascendancy takes longer than two months, every party is authorized to terminate the agreement, without being obliged to pay damages to the other party. 

  4. If DroneX B.V. has fulfilled partly to its obligations during the arrive of ascendancy, or only can fulfill partly  its obligations, DroneX B.V. is entitled to invoice the delivered or deliverable part separately and the buyer is obliged to pay such invoice as if it were a separate agreement. This does not apply if the already delivered or deliverable part has no independent value. 

 

9. Guarantees & reclamation 

  1. DroneX B.V. guarantees that the good is free from any defects appeared during transport and free from material or manufactured defects during a period from one year after delivery. 

  2. If the by DroneX B.V. guaranteed warranty is for a good which was produced by a third one, the warranty is limited tot hat which is offered by the manufacturer, unless otherwise indicated.

  3. The warranty granted will fall due in case of improper use of the good, including but not limited to abnormal use, failure in following  instructions in the manual, or dropping or crashing the good. If a damaged good returns to DroneX B.V., and DroneX B.V. determines a crash or drop has occured the warranty will fall due.

  4. The buyer can not title warranty if and as long as the buyer is in debt with DroneX B.V. or the buyer has repaired/edited/processed the delivered goods himself and/or had the goods repaired/edited/processed by third parties.

  5. Buyer is obliged to control the delivered goods immediately. If appears that the delivered goods are incorrect, defective or incomplete, the buyer must file this immediately to DroneX B.V. in writing.  

  6. Any visible or wrong delivered goods must be reported to DroneX B.V. within 14 days after the delivery in writing, failure to do so within the set time will onclude in a penalty of losing rights. Any non-visible failures must be reported, in any case within 14 days after the discovery, to DroneX B.V. in writing. The report must contain a detailed description of the failure, so DroneX B.V. is capable to act appropiately. Returning of the goods must be in original packing (including accessories and documentation) and in new condition. Putting the goods in service after detection of defects, damage occurring after detection of defects, encumbrance and / or resale after detection of defects makes the right to claim and return fall due.

  7. If the buyer claims timely (by filing complaint), this does not suspend his payment obligation. The buyer stays in that case obliged for purchase and payment of the other ordered goods. 

  8. If it is determined that a good has defects and this is timely claimed, DroneX B.V. will replace or take care of repairs or replacement compensating of the defect good in reasonable term after the return or if returning is reasonably impossible, noticing in writing of the failure of the good by the buyer. In case of replacement buyer is obliged to return the replacing good to DroneX B.V and provide the ownership to DroneX B.V., unless DroneX B.V. indicates otherwise.

  9. If it is determined with certainty that a complain is unfounded (fails), the buyer must pay all costs DroneX B.V. has made integral to the complain. 

  10. The buyer is itself responsible for the communication with his consumers, costs in shipping and delivery of the manual in the language of the (end) consumer. DroneX B.V. makes the manual in a foreign language available on the website.   

 

10. Accountability  

  1. DroneX B.V. is not accountable for any damage, of any nature, caused by the buyer, with exception of proof of intented recklessness on the part of DroneX B.V.  

  2. DroneX B.V. is not accountable for damage, of any nature, occured due to incorrect and/or incomplete data provided by assumption of the buyer.

  3. DroneX B.V. is never accountable for indirect damage, profit loss, lost savings and damage done due to business interruption.   

 

11. Retention

  1. The ownership of all  goods sold remains to DroneX B.V. as long as the buyer does not fulfill claims made under the agreement or not fulfilled claims made in previous similiair agreements.

  2. The DroneX B.V. delivered goods which are under retention may only be used for resell in the course of normal business operations and may never be used as currency.

  3. Buyer is not authorized to pledge goods under retention or on any other manner that will cause encumber. 

  4. The buyer gives unconditional and irrevocable consent to DroneX BV, and any third party chosen by DroneX B.V, to exercise its property rights, in all locations where DroneX B.V has goods and desires them to be removed.

  5. If third parties seize on delivered goods under retention or desire  rights to establish or to exercise the goods, the buyer is obliged to inform DroneX B.V as soon as reasonably possible.

  6. Buyer is obliged to insure the delivered goods under retention are kept insured against fire, explosion, water damage and theft, and is also obliged to show the insurance policy on first request at the inspection of DroneX B.V.

 

12. Images and specifications 

  1. All images, pictures, drawings, data, on weights, dimensions, colors, images of labels etc on the website of DroneX B.V. are only approximate, they are indicative and may not lead to compensation or termination of the contract.

  2. Video's and other content from the website of DroneX B.V may not be reproduced, distributed, used on other websites etc. without the explicit consent of DroneX B.V. 

 

13. Personal data  

  1. When placing an order with DroneX B.V buyer's data will be adapted in the customer base of DroneX B.V and DroneX B.V adheres to the Data Protection Act and will not provide buyer’s data information to third parties. Reference is made to the Privacy Policy of DroneX B.V.

  2. Inconsequently DroneX B.V. will make use of a mailinglist. Each e-mail received by buyer will contain instructions to remove the buyer from the list.

 

14. Term of limitation

  1. Not withstanding the statutory limitation periods, the limitation of all claims and defenses against DroneX B.V and by DroneX B.V. in the performance of an agreement from a third parties is one year.

 

15. Choice of law and jurisdiction

a.     The Dutch Law, excluding the Vienna United Nations Convention on contracts for the international Sale and Goods, is applicable on these general conditions and agreement between Buyer and DroneX B.V.

b.    From disputes, arising from an agreement between Buyer and DroneX B.V , which can not be solved by mutual consultation, the competent court within the district of Amsterdam takes note, unless DroneX B.V prefers to submit the dispute to the competent court of the domicile of the Buyer.  

 

General Conditions of  DroneX BV – for Consumers  

  1. The Dutch general conditions is leading with application of the Dutch Law, but here's a quick English summary of these conditions.

  2. Most of the Dutch juridicial sentences in the General Conditions do not have the same definition in the translated English version of the General Conditions. If the buyer has any indistinctness with the English version of the General Conditions, the buyer can always communicate with DroneX B.V. for further questions. 

 

Table of contents  

Article 1 – Definitions 2 

Article 2 – The Entrepreneur’s identity 2 

Article 3 – Applicability 3 

Article 4 – The offer 3 

Article 5 – The agreement 4 

Article 6 – Right of withdrawal 5 

Article 7 – Costs in case of withdrawal 6 

Artikel 8 – Exclusion of the right of withdrawal 6 

Article 9 –The price 7 

Article 10 – Compliance and extra guaranty 7 

Article 11 – Delivery and execution 8 

Article 12 – Payment 9 

Article 13 – Complaints procedure 9 

Article 14 – Disputes 10 

Article 15 – Images and specifications 10 

Article 16 – Circumstances beyone one's control 10 

Article 17 – Accountability 11   

Article 18 – Retentions 11 

Article 19 – Amendents to the General Terms and Conditions  11  

 

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following significance: 

  1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the entrepreneur(seller) or a third party on the basis of an arrangement between this third party and the entrepreneur; 

  2. Reflection period: the period during which the consumer may use their right of withdrawal;

  3. Consumer: the natural person who does not act for purposes related to their commercial, trade, craft or professional activities;

  4. Day: calendar day; 

  5. Digital content: data produced and delivered in digital form; 

  6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;  

  7. Sustainable data carrier: any means, including email, that allows the consumer or the entrepreneur to store information directed to them personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible. 

  8. Right of withdrawal: the consumer’s option not to proceed with the distance agreement within the cooling-off period; 

  9. Entrepreneur(Seller): the natural legal person who is a member of Stichting Webshop Keurmerk and who provides products, (access to) digital content and or services to consumers at a distance;  10. Distance contract: a contract concluded by the entrepreneur and the consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract; 

  10. Standard form for withdrawal: the European standard form for withdrawal included in Appendix

  11. Technology for distance communication: a means to be used for concluding an agreement without the consumer and the entrepreneur being together in the same place at the same time.

 

Article 2 - The Entrepeneur’s(sellers) identity

Name: 

DroneX BV acting under the name: DroneX B.V. 

Established and visiting address: 

Bloemstraat 86 H 

1016 LE Amsterdam Tel nr. 020-8932654 

Attainable: 

From Monday till Friday from 9:00-17:30 

E-mail address: info@wltoys.eu 

KVK nr: 61220477 

BTW nr: NL854258474B01  

 

Article 3 – Applicability

  1. These General terms and conditions apply to any offer from the entrepreneur(seller) and to any distance contract concluded by the entrepreneur and the consumer. 

  2. Before concluding a distance contract, the entrepreneur shall make the text of these general terms and conditions available free of charge and as soon as possible. If this is reasonably impossible, the entrepreneur shall indicate in what way the general terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded. 

  3. If the distance contract is concluded electronically, the text of these general terms and conditions, in deviation from the previous section and before the distance contract is concluded, may also be delivered to the consumer electronically in such a way that the consumer can easily store it on a longterm data carrier. If this is reasonably impossible, it will be specified where the general terms and conditions can be viewed electronically and that they will be sent to the consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract; 

  4. In the event that specific product or service condition apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the consumer may always fall back on the terms and conditions most favorable to him.

 

Article 4 – The offer  

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer. 

  2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the consumer to assess the products, or services and/or digital content adequately. If the entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the entrepreneur. 

  3. All offers contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.  

 

Article 5 – The agreement  

  1. Subject to the provisions in paragraph 4, the contract becomes valid when the consumer has accepted the offer and fulfilled the terms and conditions set. 

  2. If the consumer accepted the offer via electronic means, the entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the consumer may repudiate the contract. 

  3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures. 

  4. The entrepreneur may, within the limits of the law, gather information about consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation. 

  5. Before delivering the product, the entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the consumer can store it in an accessible manner on a long-term data carrier: 

    1. The visiting address of the entrepreneur´s business establishment where the consumer may get into contact with any complaints; 

    2. The conditions on which and the manner in which the consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal; 

    3. The information corresponding to existing after-sales services and warrantees; 

    4. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract; the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time. f. the standard form for withdrawal if the consumer has the right of withdrawal. 

  6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal  

Regarding products: 

  1. The consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The entrepreneur may ask the consumer about the reason for the withdrawal but cannot force him to state his reason(s). The consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days. The entrepreneur may ask the consumer about the reason for the withdrawal but cannot force him to state his reason(s). 

    1. The reflection period referred to in sub-clause 1 starts on the day the product is received by the consumer or by a third party appointed by him in advance and who is not the carrier, or if the consumer ordered several products in the same order: the day on which the consumer or a third party appointed by him received the last product. The entrepreneur may refuse an order of several products  with different delivery dates provided that he clearly informs the consumer prior to the order process. 
    2. in case the delivery of a product consists of several batches or parts: the day on which the consumer or a third party appointed by him received the last batch or the last part. 
    3. in case of an agreement about regular delivery of products during a given period: the day on which the consumer or a third party appointed by him received the first product. In case of services and digital content that is not delivered on a physical carrier: 
  2. The reflection period referred to in article 3 starts on the day following the conclusion of the agreement. Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal: 

  3. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous sub-clauses of this article 6. If the entrepreneur provided the consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 day after the day on which the consumer received the information.  

 

Article 7 – Costs in case of withdrawal   

  1. If the consumer exercises their right of withdrawal, this will not exceed the cost of returning the goods delivered at the expense and risk of the entrepreneur 

  2. Subject to what is stated in the preceding sentence, the entrepeneur shall ensure that within 30 days after receipt of the return, and when properly follow the termination procedure , the full purchase amount to the consumer will be refunded.

 

Article 8 – Exclusion of the right to withdrawal   

  1. The entrepeneur can exclude the right of withdrawal to the extent provided in paragraph 2 and 3. The excluding of the right of withdrawal apply only if the entrepeneur cleared this in the offer, at least in time for before the conclusion of the agreement with the consumer.

b. Excluding of the right of withdrawal is only possible for products: 

      that have been created by the entrepeneur in accordance with specifications of the consumer.

  1. that are clearly personal in nature; 

  2. that can not be returned because of their nature; 

    1. that spoil or age quickly; 

    2. whose price depends on fluctuations in the financial market over which the trader has no influence;

    3. for individual newspapers and magazines; 

    4. for audio- and video-recordings and computer software where the consumer has broken the seal

  3. Excluding of the right of withdrawal is only possible for serivices: 

  4. on accommodation, transport , catering or leisure to carry on a certain date or during a certain period;

  5. whose delivery has been with the express consent of the consumer before the reflection period has expired;

  6. betts and lotteries.  

 

Article 9 – The price 

  1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates. 

  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices. 

  3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation. 

  4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and 

    1. they are the result of legal regulations or stipulations, or 

    2. the consumer has the authority to cancel the contract before the day on which theprice increase starts. 

  5. All prices indicated in the provision of products or services are including VAT. 

 

Article 10 - Compliance and extended warranty

  1. The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. 

  2. An extended warrantee offered by the entrepreneur, his supplier, manufacturer or importer shall never affect the rights and claims the consumer may exercise against the entrepreneur about a failure in the fulfilment of the entrepreneur’s obligations if the entrepreneur has failed in the fulfilment of his part of the agreement. 

  3. ‘Extended warrantee’ is taken to mean each obligation by the entrepreneur, his supplier, importer or manufacturer in whom he assigns certain rights or claims to the consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.  

 

Article 11 – Delivery and execution

  1. The entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services. 

  2. The place of delivery is at the address given by the consumer to the entrepreneur 

  3. With due observance of the stipulations in article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer shall be informed about this within one month after ordering. In such cases, the consumer is entitled to repudiate the contract free of charge and with the right to possible compensation. 

  4. After repudiation in conformity with the preceding paragraph, the entrepreneur shall return the payment made by the consumer promptly but at least within 30 days after repudiation. 

  5. The risk of loss and/or damage to products will be borne by the entrepreneur until the time of delivery to the consumer or a representative appointed in advance and made known to the consumer, unless explicitly agreed otherwise.  

 

Article 12 – Payment

  1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the consumer received the confirmation of the agreement.  

  2. When selling products to consumers, it is not permitted to negotiate an advance payment of more than 50% in the general terms and conditions. If an advance payment was agreed, the consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.  

  3. The consumer has the duty to inform the entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.  

  4. In case the consumer has not complied with his payment obligation(s) in time, and the entrepreneur has pointed out to him that the payment was late and allowed the consumer a period of 14 days to comply with the payment obligations, the consumer is to pay the statutory interest on the amount payable and the entrepreneur is entitled to charge the consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages in favour of the consumer.

 

Article 13 – Complaints procedure  

  1. The entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure. 

  2. Complaints about the performance of the contract shall be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer discovered the defects 

  3. The complaints submitted to the entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the entrepreneur shall respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed reply. 

 

Article 14 – Disputes

  1. On agreements between entrepeneur and the consumer where these general conditions relate, Dutch Law is excludingly applicable. 

  2. Disputes between consumer and entrepreneur on the creation or implementation of agreements relating to the entrepreneur and consumer, or by delivered products and services which can not be resolved by mutual agreement , may , subject to the provisions below , by both the consumer  and the entrepreneur  be submitted to the district of Amsterdam, unless the entrepreneur(seller) prefers to submit the dispute to the competent court of the domicile of the consumer , and with the exception of those disputes that fall under the jurisdiction of the subdistrict.  

 

Article 15 – Images and specifications 

  1. All images, pictures, drawings, data, on weights, dimensions, colors, images of labels etc on the website of DroneX B.V. are only approximate, they are indicative and may not lead to damages or termination of the contract.

  2. Video's and other content from the website DroneX B.V without the explicit prior consent of DroneX B.V may not be reproduced, distributed, used on other websites etc. 

 

Article 16 Ascendancy 

  1. Ascendancy is every odd/outlandish cause, or every circumstance, which reasonably should not be accounted to the risk of DroneX B.V. Ascendancy also includes delay or failure by suppliers, manufacturers or other third parties engaged by DroneX B.V., Also malfunction in the Internet , malfunction in the electricity failures, malfunction in e- mail traffic and malfunction or changes in any third party delivered technology, transport problems, strikes , government measures, supply delay , staff illness and defects in appliance or shipment.

  2. In the case of Ascendancy DroneX B.V. keeps the right to suspend or terminate its obligations in parts of, or the whole agreement,  or to claim that the content of the agreement is amended so that execution remains possible. In no situation is DroneX B.V. obliged to pay any penalty or damages.

  3. If the period of ascendancy takes longer than two months, every party is authorized to terminate the agreement, without being obliged to pay damages to the other party. 

  4. If DroneX B.V. has fulfilled partly to its obligations during the arrive of ascendancy, or only can fulfill partly  its obligations, DroneX B.V. is entitled to invoice the delivered or deliverable part separately and the buyer is obliged to pay such invoice as if it were a separate agreement. This does not apply if the already delivered or deliverable part has no independent value. 

 

Article 17 Accountability   

  1. DroneX B.V. is not accountable for any damage, of any nature, caused by the buyer, with exception of proof of intented recklessness on the part of DroneX B.V. 

  2. DroneX B.V. is not accountable for damage, of any nature, occured due to incorrect and/or incomplete data provided by assumption of the buyer.

  3. DroneX B.V. is never accountable for indirect damage, profit loss, lost savings and damage done due to business interruption.   

   

Article 18 – Retention

  1. The ownership of all  goods sold remains to DroneX B.V. as long as the buyer does not fulfill claims made under the agreement or not fulfilled claims made in previous similiair agreements.

  2. The DroneX B.V. delivered goods which are under retention may only be used for resell in the course of normal business operations and may never be used as currency.

  3. Buyer is not authorized to pledge goods under retention or on any other manner that will cause encumber. 

  4. The buyer gives unconditional and irrevocable consent to DroneX B.V, and any third party chosen by DroneX B.V, to exercise its property rights, in all locations where DroneX B.V has goods and desires them to be removed.

  5. If third parties seize on delivered goods under retention or desire  rights to establish or to exercise the goods, the buyer is obliged to inform DroneX B.V as soon as reasonably possible.

  6. Buyer is obliged to insure the delivered goods under retention are kept insured against fire, explosion, water damage and theft, and is also obliged to show the insurance policy on first request at the inspection of DroneX B.V.

 

Artikel 19 – Admendents to the General Terms and Conditions

  1. These general terms and conditions will not be changed other than in consultation with the Consumentenbond (Dutch Consumers’ Association). 

  2. Amendments to these terms and conditions are valid only after being published in the appropriate way, provided that in case of appropriate amendments, the provision that is most favourable for the consumer shall prevail during the validity of an offer.