Impressum

 General conditions of sale and delivery of Brink Industrial Hoogeveen
Definitions
In these terms of delivery, the following terms have the meanings indicated:
- Brink Industrial:The private company with limited liability Brink Industrial.With seat and offices at Hoogeveen in the Netherlands, with statutory seat at Hoogeveen in the Netherlands.Contact address:
Brink Industrial
Voltastraat 28
79C3 AB Hoogeveen
The Netherlands
info@lune.eu

All offers and agreements shall be subject to the general sales and delivery conditions of the metal and electronic industry, secured by the Vereniging FMW-CWM at the Arrondisementsrechtbank at Den Haag.

Brink Industrial is registered in the trade register at Groningen, Chamber of Commerce registration number:04023574, VAT number:NL007218771B01.

- Consumer:A person not acting in the context of a profession or business.
- Non-consumer:A person acting in the context of a profession or business.
- Buyer:Either a consumer or non-consumer entering into a distance contract with Brink Industrial.
- Product:The item or items which have to be delivered to the buyer, and for which the buyer has to pay the agreed price, under the agreement concluded between Brink Industrial and the buyer.
- Lune products:The products produced by Brink Industrial and which bear the trademark Lune.
Article Applicability
1. These General Terms of delivery shall constitute part of all offers, agreements and legal relationships with regard to the delivery of goods and/or services by Brink Industrial, exclusively from its online offering.Any and all other offers shall be subject to the FME-CWM terms.All provisions of these terms shall apply between the parties unless they are expressly waived in writing by both parties.
2. Any General Terms of others shall be excluded unless expressly agreed in writing.
Article Offer
1. Any offer made by Brink Industrial shall be non-binding.
2. If an offer is off limited validity, this will be expressly indicated as such.
3. By submitting an order through the Internet, the buyer enters into a binding ordering agreement for the products indicated in his shopping cart.The buyer shall be allowed to change the details of his order or to cancel it altogether, until final shipment of the ordered products.After shipping the order, Brink Industrial shall send an order confirmation to the buyer, containing the agreement and these General Terms, thereby creating a purchase agreement between the buyer and Brink Industrial.
4. All images, photos, drawings and sizes of the products to be delivered are presented on the site as accurately as possible.Brink Industrial shall never be liable for errors or omissions in presentation and the consequences thereof.Presentations on the web site are for illustration purposes only and shall not give rise to any claims.
5. The photos of the Lune products are the same for all sizes, and may therefore differ from the actual products.
ArticleIII Agreement
1. Before the agreement is concluded, the buyer will be informed of these General Terms.There will be a possibility to print or save them.If this is not reasonably possible, the General Terms will be available upon request from Brink Industrial at www.lune.eu or forwarded through electronic means.
2. After the agreement is concluded, it will be sent via e-mail with the General Terms attached.These documents can easily be saved or printed by the buyer.
3. Any verbal commitments by or arrangements with Brink Industrial shall only be binding upon Brink Industrial after and to the extent that they have been confirmed by him in writing.
ArticleIV Price and shipping cost
1. The prices quoted by Brink Industrial shall be inclusive of sales tax and freight costs (within the EU).
2. If one or more of the cost factors increase after the date of the agreement, Brink Industrial shall be entitled to increase the

agreed price accordingly.The buyer shall then be entitled to withdraw from the purchase agreement.3. Offers with limited

validity shall not be subject to price increases.

ArticleV Delivery
1. Delivery of the items shall take place at the address agreed upon between the parties.
2. Brink Industrial shall endeavour to deliver the ordered items to the buyer at the indicated delivery address within 3 working days after confirmation of the order by Brink Industrial, provided the items are in stock.
3. The delivery period indicated in paragraph 2 shall be an indicative, non-enforceable period.Except in cases of wilful
misconduct or gross negligence, Brink Industrial shall not be held liable for any delay in delivery.
4. Delivery shall be deemed to take place upon physical handing over of the products.The risk of damage and/or loss of the products until the time of delivery shall be borne by Brink Industrial.


Article VIII Payment
1. Unless otherwise agreed, if the buyer is a non-consumer, payment of the agreed price shall be effected within 30 days after the agreement is concluded, by means of bank transfer to a bank or giro account designated by Brink Industrial and without deduction of any discounts unless expressly agreed by us in writing.

2. If the buyer is a consumer, they will have to transfer the amount due to a bank or giro account designated by Brink Industrial and without deduction of any discounts unless expressly agreed by Brink Industrial in writing, before Brink Industrial will proceed with delivery.

3.The consumer may transfer the amount payable to ING Bank account number 67 67 65 203 in the name of Brink Industrial Hoogeveen, stating the order number as a reference.

4. If the buyer fails to pay within the agreed period, he shall automatically be deemed to be in default, and Brink Industrial shall be entitled, without any formal notice of default being required, to charge interest from the due date at a rate of 3 percentage points above the legal reference interest in force in the Netherlands, as well as any and all judicial and extrajudicial costs incurred to collect his claim.

5. If Brink Industrial is forced to assign its claim to a third party for collection, which is considered necessary 14 days after payment should have been effected, the buyer shall reimburse Brink Industrial, or the third party to whom the transaction has been assigned, for the costs thereby incurred.
Brink Industrial shall be entitled to assign claims to a third party for collection no later than 14 days after the date of the original payment date.The buyer shall be liable for all costs related to and arising from a collection procedure.

6. Brink Industrial shall be entitled to use the services of third parties known to be reliable for the processing of payments.If the buyer is in default of his payments and/or the buyer is in default due to providing incorrect details, Brink lndustrial shall be entitled to assign his claims to a collection agency and forward personal details necessary to process the claim to such third party.In such case, payment shall be deemed to have been effected when the amount due pursuant to the agreement has been put at the unrestricted disposal of such third party.

ArticleVI Transfer of risk and ownership
1. Until all obligations towards Brink Industrial have been fulfilled, the products shall remain the property of Brink Industrial.If the buyer is a non-consumer, Brink Industrial shall retain ownership until all obligations pursuant to the relevant business relationship have been fulfilled.

2. Until all obligations have been fulfilled, the buyer shall keep the product in good and proper state.

3. If the products have been delivered, but all obligations have not yet been fulfilled, the buyer may not transfer the products or make them available to third parties under any title or designation whatsoever.The above includes without limitation any (partial) transfer of ownership of goods, lien or pledge (with or without taking possession).

4. In case of non-fulfilment of payment obligations by the buyer, Brink Industrial reserves the right to reclaim products.Reclaiming the products will take place by means of a written statement cancelling the sale.

ArticleVII Right of withdrawal
1. The buyer shall be entitled to return the products and withdraw from or cancel the purchase agreement, with or without reason given, within 14 days after delivery of the product as referred to in Article V paragraph 4.The buyer shall be reimbursed for the entire amount paid, provided the products are undamaged.This will take place within 30 days after receipt of the products returned by the buyer.
2. However, this period shall not commence before the products have been delivered to the buyer.

3. Before the buyer may send any products back, he shall notify Brink Industrial of his withdrawal by email, letter or fax.

4. The statement of withdrawal from the agreement as referred to in paragraph 3 shall be sent to:
Brink Industrial B.V.
Voltastraat 28
Postbus 2058
7900 BB Hoogeveen
The Netherlands
Or via fax to: +31 528 26 24 45
Or via e-mail to: info@lune.eu

Please mention your name, bank details and the number of your order.

5. The buyer shall be responsible for returning the products; the cost thereby incurred shall be borne by the buyer if the product(s) is (are) in accordance with the order, the costs exceed an amount of € 40.- or the amount is higher and the buyer has not yet fulfilled his obligations at the time of his withdrawal.In all other cases, the cost shall be borne by Brink Industrial.

6. If the products should be received by Brink Industrial in deteriorated condition, the buyer shall reimburse the loss in value where required.Such reimbursement shall not be required if the loss in value is due to testing the product as might be done by a buyer in a shop.This obligation of reimbursement may be avoided by the buyer by not treating the products as his own property and by refraining from doing anything which might decrease their value.
ArticleIX Guarantee

1. Brink Industrial guarantees that the products are in accordance with the agreement, the specifications of the offer, reasonable demands of fitness and/or usability and the legal provisions and/or government regulations in force on the date of conclusion of the agreement.

2. The products delivered by Brink Industrial to consumers shall be subject to a guarantee period of 2 years, excluding compensation for causes which can be qualified as other than normal use.He may in case of guarantee obligations demand either repair or replacement of the products.Brink Industrial reserves the right to refuse the guarantee option chosen by the consumer if such option would only be possible at disproportionate cost.If it should not be possible to fulfil the guarantee obligation, the consumer may at his discretion claim either a discount of the price or cancellation of the agreement.

3. For non-consumers, a limitation period of 6 months applies.

4. A consumer shall notify any defects within 2 months after their occurrence in order to make a claim under the guarantee.A non-consumer shall do the same within one month.

5. At the current state of technology, Brink Industrial cannot guarantee that transmission of information via the Internet is possible error-free and/or at any time.Therefore, Brink Industrial is not obliged to guarantee that the online offering is available continuously without interruptions.

6. Any assignment of guarantee claims to third parties is excluded.

Article X Limitation of liability
1. The buyer himself shall be responsible for the use of the products.Brink Industrial shall not be liable for the consequences resulting from improper or injudicious use.
2. Otherwise, the liability of Brink Industrial shall be in accordance with the relevant legal provisions.With regard to persons acting in the context of their business or profession, any liability which is not caused by severe negligence in performing obligations and/or intentional negligence in performing obligations by either Brink Industrial, its legal representatives or agents, is hereby excluded.
3. If the buyer is a consumer and has his habitual residence in a foreign country, the imperative provisions of such country shall not be affected as concerns the consumer.
4. The exclusions and limitations of liability contained in these General Terms shall not affect any rights of the buyer to make claims under product liability.

5. Brink Industrial shall never be liable for indirect or consequential damages.

ArticleXII Personal details

The buyer's personal details will of course be processed confidentially by Brink Industrial, and will not be disclosed to third parties who are not involved in the ordering, delivery and payment processes.The details will only be used to process orders in accordance with the relevant legal provisions and will be treated with the greatest possible care.Details may also be used for internal marketing purposes.The buyer shall be entitled to access, modify or delete any details provided by him.When a purchase agreement is concluded, Brink Industrial reserves the right to verify the details submitted by the buyer.

ArticleXII Changes to terms
1. Brink Industrial reserves the right to make changes to these General Terms without prior notification to any party whatsoever.The new terms shall be applicable to an agreement which is accepted by the buyer.
2. In case of discrepancies in the text of these General Terms caused by translation, the Dutch text shall prevail.

ArticleXIII Applicable law

1. All agreements to which these terms are wholly or partly applicable shall be governed exclusively by the laws of the Netherlands.The provisions of UN law on sale contracts are expressly excluded.

2. If the buyer is of the opinion that there is a legal dispute, he shall notify this to Brink Industrial in writing.Brink Industrial shall present a proposal to resolve such dispute to the buyer within 1 month after its notification, in order to avoid initiating court proceedings.

3. The Court in the District of Assen shall be have exclusive jurisdiction over any legal disputes.
If you have any questions about these General Terms, we will be pleased to answer them;
In writing:
Brink Industrial
Postbus 2058
7900 BB Hoogeveen
Nederland
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