Article 1. General / applicability
1.1 All offers, orders and agreements with ROVE bv (hereinafter ROVE) are subject to the exclusion of any other general conditions except these Terms and Conditions (the Conditions). These conditions can also be consulted via the Internet, see https://www.ROVE.com/.
1.2 The acceptance of an offer, placing an order or entering into an agreement means that you accept the applicability of these Conditions.
1.3 The provisions can be waived bad writing in these conditions, in which case remain in force the remaining provisions.
1.4 All rights and claims, as in these conditions and any further agreements for ROVE be stipulated, are also stipulated for by ROVE intermediaries and other third parties.
Article 2. Offers / agreements
2.1 All offers are free and ROVE ROVE expressly reserves the right to change prices, especially when under (legal) regulations.
2.2 Orders are accepted in writing, via Internet or phone but are only binding when accepted by ROVE through a written order confirmation. Deviations in the order confirmation should immediately be notified to ROVE.
2.3 Quotations are only valid in writing and during the period specified in the tender. If unstated period, the offer is valid for ten (10) calendar days.
2.4 ROVE is entitled to refuse orders or attach certain conditions to the delivery, unless otherwise specified. If an order is not accepted, ROVE this within ten (10) days after receipt of your order.
Article 3. Prices / Payments
3.1 The prices for the products and services are excluding VAT, taxes, shipping costs, insurance and installation. Exchange rates, import duties, insurance, freight and purchase ROVE able to change prices, unless otherwise stated or agreed in writing.
3.2 Payment will be made at the time of confirmation of ROVE. If there is no (full) payment has been made, the order will not be processed.
3.3 If you ROVE is entitled are in default on any payment, (the performance of) the relevant agreement and related agreements to suspend, or terminate.
3.4 If the prices for the products and services increased in the period between the order and its execution, you are entitled to cancel the order or dissolve the agreement within seven (7) days after notice of the increase by ROVE.
Article 4. Delivery
4.1 The ROVE delivery times are indicative only. Delivery can also be carried out in portions. Late delivery does not entitle you to compensation or the right to cancel your order or to terminate the agreement, unless the delay in delivery is such that you can not reasonably expect you to maintain the agreement. You are then entitled to cancel the order or terminate the agreement if necessary.
4.2 Delivery of the products will take place and when the products are ready for shipment to you.
4.3 If you refuse delivery without ROVE’s approval ROVE you must pay for the expenses incurred and losses arising from that refusal, including storage costs, until you accept delivery.
Article 5. Retention
5.1 Ownership of products is transferred only when all you owe under any agreement ROVE have paid. The risk of the goods shall pass at the time of delivery to you. Until the transfer of ownership you must insure and store our goods separately and may not modify our products, pledge or sell. ROVE has at all times have access to the products.
5.2 If you sell products to the property has passed, you will be arising ROVE’s agent and the proceeds of that sale shall be held on and separately from your general funds. ROVE may sue to get paid the unpaid amount for the transfer of ownership.
Article 6. Intellectual and industrial property
6.1 All intellectual and industrial property rights attached to the products delivered by ROVE unconditionally.
6.2 ROVE not guarantee that the delivered products do not infringe any (unwritten) intellectual and / or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 You have the obligation to delivery to determine whether the products meet the agreement. If this is not the case, you should ROVE without delay and in any event within three (3) working days after delivery, or after observation reasonably possible, in writing and motivated.
7.2 If it is demonstrated that the products do not meet the agreement ROVE has the choice to replace the products on their return by new products or to refund the invoice value. The products should be returned in its original condition with packaging. You pay the return costs.
7.3 If a warranty period is agreed for certain products, ROVE guarantees that the products are free from defects during warranty period. If a product is defective ROVE repair or replace the product within a reasonable time during this period. ROVE owns all replacement products or parts.
ROVE gives no warranty or guarantee protection for:
1. Damage caused by incorrect (e) installation, use, modification or repair by a
unauthorized third party or yourself;
2. damage caused by any party or other external force;
3. fitness for any particular purpose;
4. passed you and instructions correctly performed by ROVE.
7.4 ROVE is liable for property loss or damage, death or injury caused by gross negligence or willful ROVE, our employees or agents. Except for death / injury liability is limited to the equivalent in Euros to five thousand (5000) or the price, where less than five thousand Euros. ROVE is not liable for:
1. Indirect or consequential damages, loss of business profits, salary, revenue, savings.
2. ROVE damage repaired within a reasonable time.
3. you through reasonable conduct avoidable damage.
4. All items not covered under warranty or force majeure.
Article 8. Force Majeure
8.1 Without prejudice to its other rights, ROVE Heef case of force majeure the right, at its option, to suspend the execution of your order or to dissolve the agreement without judicial intervention by informing you of this in writing and ROVE such without being held to any damages, unless in the
circumstances to standards of reasonableness and fairness.
8.2 ROVE is not liable for delays (including delivery or Service) caused by circumstances beyond its reasonable control ROVE and is entitled to delay for delivery. Circumstances such as strikes, supplier / transport / production, exchange rate fluctuations, governmental or regulatory action and natural disasters. If
the lasts more than two months, both parties have the right to terminate the contract without compensation.
8.3 Force majeure is defined as any failure can be attributed to ROVE, because it is not due to her fault and not under the law, legal act or generally accepted for its account traffic.
Article 9. Orders / communication
9.1 For misunderstanding, delays or transmission of orders and messages resulting from the use of Internet or other communication between you and ROVE, or between ROVE and others, as it relates to the relationship between you and ROVE, ROVE is not liable, unless it is a case of intent or gross negligence by ROVE.
Article 10. Dissolution
ROVE may terminate the agreement by written notice if you:
1. fails to pay on time and fails to pay within 8 days after written
Either party may terminate the agreement by written notice if the other party:
1. commits a material or persistent breach of the Agreement and fails to do so within
30 days to recover written notice from the other; or
2. Insolvent or is unable to pay its debts as they fall due.
Article 11. Data Protection
11.1 Your data is stored and / or transferred in strict accordance with the applicable data protection laws and ROVE’s data protection registration and you give your consent thereto. You should ROVE contract not to use your data for direct marketing.
Article 12. Governing Law and Jurisdiction
12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, including these conditions, only Dutch law.
12.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.
12.3 If any part of the Conditions by a court invalid or unenforceable, the remainder of the Terms will remain valid.
12.4 ROVE may subcontract its obligations to a competent third. Otherwise no party transfer or contract obligations or rights.
Article 13. Miscellaneous
13.1 If by ROVE for any length of time does not tacitly permitted deviations from these Conditions, will not prejudice their right to demand immediate and strict compliance with these conditions. You can never assert any right by virtue of the fact that ROVE these conditions smoothly.
13.2 If one or more provisions of these Terms or any other agreement with ROVE is in conflict with any applicable law, will lapse the provision and will be replaced by establishing a by ROVE new lawful condition.