General Terms of Delivery
General terms and conditions of delivery, warranty and privacy statement www.123electric.de, powered by Leen APK
1. Scope of these General terms and conditions of delivery, warranty and privacy statement (hereafter called: GTD or General Terms of Delivery)
1. The present General Terms of Delivery govern delivery of commodities to clients through the online shop of Leen APK: www.123electric.de.
2. The present GTD do not govern the delivery of commodities and/ or rendering of services to clients who are physically and simultaneously present at Leen APK at the time of the offering or agreement upon a delivery and/ or rendering of services.
3. When client and Leen APK are simultaneously personal present, the delivery of commodities and/or rendering of services agreed upon are governed by the General Terms (Algemene Voorwaarden; only in Dutch available) as they are deposited at the Chaimber of Commerce in Gouda, under no. 24371286.
4. Leen APK always has the right to modify the current GTD. Leen APK can declare the modification to govern agreements which are concluded before the modification, if and insofar that modification does not limit the rights which the client to the concerning agreement can derive.
5. Deviations of the modified GTD apply only if they have been confirmed in writing by Leen APK.
6. The present GTD are the English translation of the GTD deposited at the Dutch language (Leveringsvoorwaarden). Leen APK shall not be liable for any errors in translation or transmission. Insofar the GTD as deposited at the Dutch language shall be relevant.
Article 2 Ordering and payments
1. By placing an order the client accepts the present GTD.
2. Orders, requests and bookings for 123electric products that is available in Leen APK’s online shop, should be addressed to
Leen APK/ 123electric
NL-2808 NA Gouda
Or to e-mail address: firstname.lastname@example.org.
3. A client can order through our website: www.123electric.de. It is also possible to order by e-mail, phone or by post.
4. Unless agreed otherwise in writing payment should be made by:
a. payment or transfer of money to our Banking Account (IBAN NL53 RABO 0120 3837 64) attn. Leen APK, Gouda; or
b. Cash on delivery (max. € 500.- and only possible in the Netherlands); or
c. through PayPal, for more information see: http://www.paypal.com.
5. An order will not be released for delivery until payment has been processed. The payment notice should also hold type number of the product(s) and the address whereto the goods ought to be shipped.
6. All costs made, both judicial and non judicial, concerning the overdue payment are at client’s expense. As proof of the obligation of these costs satisfies submission of the invoices concerned. The costs will be at least 10% of the amount of the concerned invoice and will be at least 50 euro per claim.
7. Leen APK always maintains the right to reject orders from clients with whom Leen APK has an argument concerning present or past payments.
Article 3 Prices
1. All prices are mentioned in Euro and can be changed at all times by Leen APK only. In case of any price or other disagreement between client and Leen APK the interpretation of Leen APK prevails.
2. After the agreement has been concluded Leen APK will not increase the prices, unless the increase is due to legal provisions or regulations. In this case the client has the right to terminate the agreement.
3. All prices as shown on the online shop are exclusive handling- and shipping costs, VAT however shall be included.
4. When the client is a non-EU citizen, the payment is made from a non-EU country and the shipping address is a non-EU address Leen APK does not have to and will not charge VAT.
Availability, Shipment and Delivery
Article 4 Availability
1. Before ordering a product the client will get an indicative availability of the product at time of order placement.
2. When directly available, the client in the Netherlands will receive the order in three to five working days. For other countries the delivery time plus shipment time as applicable for courier service (mostly PostNL) will apply. In case an order is not in stock, the delivery time will be about two weeks in the Netherlands (for other countries two weeks plus the shipping time). If the delivery time is expected to be much longer, Leen APK will notify the customer about the expected delivery time before shipment.
3. When a product is not directly available, the order will be maintained until the manufacturer has delivered the product to Leen APK. Directly thereafter the product will be shipped to the customer.
Article 5 Shipment
1. Products will be shipped using PostNL or other courier service, the costs hereof will be charged to the customer.
2. Products will be shipped with the requirement of a signature for acceptance, unless agreed otherwise.
3. The product will be delivered to the costumer within 30 days after ordering. If this is not the case, the costumer can terminate the agreement and Leen APK has the obligation to refund the paid amount within 30 days after termination. This provision is not valid when Leen APK and the client have agreed another delivery time.
Article 6 Delivery
1. The order will be sent to the address the client has specified as the delivery address during ordering. It is the responsibility of the client to provide the correct delivery address.
2. Our courier is not able to deliver at PO-box addresses. Therefore, the client will need to specify the street name instead.
3. The delivery time is approximate and represents the time normally necessary for processing and delivering an order. Leen APK is not liable or responsible for any delay caused by circumstances beyond Leen APK’s control.
4. The ownership of the products delivered by Leen APK will be transferred to the client at the time of the payment. The risk will be transferred at the time of the delivery.
Warranty and Relay Policies
Article 7 Warranty
1. Leen APK offers a warranty period of 12 months on the delivered 123electric products.
2. The date stated at the invoice is the starting date of the warranty.
3. If the warranty is applicable and the delivered product shows defects Leen APK will be obliged to deliver a replacement or repair the product, provided that notification of the defect has been given and that the defective product has been returned with a copy of the invoice.
Please note the provisions as stated in article 8.3 and 8.4.
Article 8 Relay when shortages appear directly after delivery
1. The client is required to examine the goods as soon as possible upon receipt. If there is reason to believe that a product has any shortages, defects or damage, a written complaint must be made immediately.
2. If the client fails to notify Leen APK within 10 (ten) working days, of any defects that would have been apparent after serious examination, the client will be expected to have accepted the goods and every right on reclamation declines.
3. The client has to enable Leen APK to control reclamations. Before returning a product with a would-be defect or shortage, the client should first and always inform Leen APK and both parties should deliberate when the product will be returned. Upon returning the product it should be repacked in the original packaging including all original added items. Also added should be a statement of the shortage, defect or damage.
4. Cost and risk for return shipment of the defective goods shall be for the client. The client is obliged to prepay costs for shipment of the package back to Leen APK. Packages from which the shipment is not fully prepaid will be refused.
Article 9 Relay during cooling down period
1. During a cooling down period of 10 (ten) working days after the delivery date, the client is entitled to return any received product, even when it does not have any shortages, defects or damage. The product has to be re-packed in the original packaging including all original added items. The customer shall notify Leen APK before shipping the package and shall bear the shipping costs.
2. When returning a product in the cooling down period of 10 working days, the client will get, within 30 days, a refund, minus the costs of handling- and shipping and, when applicable, the costs for using Paypal.
3. The client is obliged to prepay costs for shipment of the package back to Leen APK. Packages from which the shipment is not fully prepaid will be refused.
Article 10 Exclusions on warranty and return shipments
1. The guarantee or warranty as defined in Article 7 does not apply if:
a. The article or device to return insufficiently protected from transport;
b. Client’s changes to the product or device;
c. In case of defects caused by erroneous or inadequate assembly by client, like not following the procedures in the installation manual.
d. The defect is caused on purpose or by sheer negligence by the costumer;
e. In case of damage by uncontrolled conditions like lighting, power breaks, acts of God, etc.;
f. Leen APK is not by the client (timely) given the opportunity to investigate the complaint and any repair of the defect.
2. Whether one or more of the circumstances mentioned in the first paragraph is applicable, is for assessment for Leen APK.
Liability and applicable law
Article 11 Liability
1. Leen APK’s liability is limited to defects arising during proper use and under operating conditions as foreseen. It does not extend to defects caused by inadequate maintenance and/or improper assembly by the client or any other third party, modifications without the Leen APK’s written consent, repairs incorrectly performed by the client or any other third party, or normal wear and tear.
2. In no event shall Leen APK be liable for any damage that arises by erroneous use of the product or any incidental or consequential damages of any nature. Client shall indemnify, defend and hold Leen APK harmless from any claims forthcoming from any party, regarding products supplied by Leen APK and mounted and assembled in any transportation device.
Article 12 Applicable law and dissensions
1. In all agreements for which these terms and conditions are agreed Dutch Law will be applicable.
2. All disputes, including those only recognized so by one party will be decided by the court’s jurisdiction in the area where Leen APK is established.
3. If and to the extent that any portion or any provision of Leen APK’s conditions of sale would be in contradiction with some mandatory provision of national or international law, this provision will be considered as not agreed but the remaining conditions of these GTD shall remain applicable.
Article 13Guarantees for the privacy of clients
1. Leen APK respects the privacy of all users of our Web site and shall ensure that personal information that clients provide remain confidential. Leen APK uses the data from the client to handle the orders as quickly and easily as possible. Beyond that Leen APK uses this information solely with the permission of the client.
2. Leen APK will not sell personal information of clients to others and will provide this information only to other parties in direct conjunction with the execution of the delivery to the client.
3. For shopping convenience purposes at www.123electric.de the client can open an account. On the account of the client stored information such as name and address, phone number, e-mail address, delivery and payment, will be kept so that during reordering new data does not need to be re-entered. Leen APK will keep the payment information on a secure server.
4. When a client creates an account and provides Leen APK with his email address the client will not receive emails from 123electric.de about our latest products. If the client wants to receive these kind of emails, he should subscribe to our newsletter (to be).