Conditions

I. General.

1)      These general conditions apply to all our promotions, agreements and deliveries.

2)      General conditions of contracting parties will not be accepted and are not applicable.

3)      Departures from these conditions are only valid if explicitly agreed on in writing. 

 

II. Promotions and agreements.

1)      All our promotions are free of obligations. If a period of time is indicated, they are only binding for that period of time.

2)      Agreements concerning the delivery of goods and/or services will come into force after our written confirmation. 

3)      Indications of size, weight, prices etc are with the usual reservation.

 

III. Prices.

1)      Our prices exclude VAT, transportation and administration costs and other state taxes. The total price will be shown at the cash register before finalizing your order.

 

IV. Delivery, delay and conditions.

1)      Transport, administration and/or COD fees will be charged depending on the cash total, the country and region. These amounts can be found during the order process.

2)      All goods travel on account and at risk of the buyer.

3)      Delivery times are indicative and do not give the buyer the right to dissolution or compensation when exceeded.

4)      Cases of force majeure give the seller the right to annul entirely, partially or indefinitely his delivery obligations or to carry them out either sooner or later.

 

V. Extended retention of title.

1)      The goods we deliver stay our property until the buyer has met all the demands, whatever they may be, including any interest and costs.

2)      As long as we are owner of the goods, the buyer is not authorized to pawn or transfer the goods to a third party.

3)      If and in case the buyer does not meet his payment obligations on time, we are irrevocably authorized by the buyer, without proof of default or judicial intervention, to take the delivered goods back.

4)      In case a third party asserts a right on the goods while they are still in our possession, the other party is obliged to inform us about it.

 

VI. Payment.

1)      Payment should be made by bank transfer before or after, through an internet payment system (Globecharge, PayPal, Ideal), credit card or cash on delivery.

2)      Non-payment or overdue payment  of an invoice on the due date will have the legal consequence of immediate claim of all amounts and/or goods.

3)      In case of extrajudicial recovery the other party will owe, apart from the principal and the interest, 15% collection fees on the overdue principal.

4)      In case of judicial recovery, including bankruptcy petition, the other party will owe, apart from the judicial costs, also the interest and the extrajudicial costs.

 

VII. Complaints.

1)      Complaints due to incomplete delivery or obvious defects on the goods should be submitted in writing immediately, yet not later than eight days after the delivery.

2)      The right to complain lapses as soon as the goods are used defectively or have been stored.

3)      In case we are not enabled to investigate the material that has been complaint about, each right on account of complaints and/or warranty will be void.

4)      A complaint does not give the other party the right to refuse or postpone the reception or payment of the goods.

 

VIII. Liability

1)      In case the delivered goods are defective, the liability towards the buyer will be limited to what is agreed on under the section "Warranty".

2)      In case WALKO-TOOLS B.V. is liable for direct damage, that liability will be limited to the delivered goods and/or services at most.

3)      WALKO-TOOLS B.V. is never liable for indirect damage, including consequential loss, loss of profit, lost savings and damage by corporate stagnation.

 

IX. Warranty

1)      WALKO-Tools B.V. has confidence in its products and offers an impeccable quality.

2)      These warranty conditions are an addition to your legal rights, they are not restrictive.

3)      If your WALKO product gets defective due to a material or construction error within 12 months after your purchase, we guarantee the replacement of the defective components, the reparation of the product or the replacement of it. In case of replacement the buyer commits himself to return the defective goods.

4)      The warranty is invalid when the product has been used injudiciously or improperly, for commercial purposes, professional applications or rental purposes, or when the product has been damaged by external influences, by an accident or when reparations are done by incompetent personnel.

5)      To appeal to the warranty you need to present the purchase receipt to the seller. The purchase receipt has to mention the purchase date and the type of tool.

 

IX. Disputes.

1)      All disputes, including the ones that are considered as such by one of the parties, will be settled by a regular judge in The Hague.

 

X. Applicable law

1)      The Dutch law applies to each agreement between WALKO-TOOLS B.V. and the buyer. The Vienna Sales Conventions is explicitly excluded.