Terms & Conditions

Article 1: Definitions:

1.1 In these General Terms and Conditions, "INDUBIO" means the trader, registered in the trade register of the Chamber of Commerce in Arnhem, with Chamber of Commerce number 70593612.

1.2 By customer is meant every natural or legal person, who gets in contact with INDUBIO to make a purchase with INDUBIO.

 

Article 2: Applicability:

2.1 These General Terms and Conditions apply to all purchases.

2.2 By ordering items from INDUBIO, the customer accepts the applicability of these General Terms and Conditions.

2.3 It is only possible to deviate from these General Terms and Conditions if this has been explicitly agreed and with permission from INDUBIO in writing.

2.4 INDUBIO reserves the right to change or supplement these General Terms and Conditions from time to time.

 

Article 3: Agreement:

3.1 An agreement is made the moment the customer orders one or more items from INDUBIO. The customer receives a written invoice if asked for. 

3.2 If the customer and INDUBIO have agreed to reserve items, this will be written confirmed as well as the conditions of reservation.

 

Article 4: Privacy:

4.1 The information provided by the customer is treated confidentially by INDUBIO and is used for the following purposes:

• Processing the order, the payment thereof and delivery if applicable.
• If applicable, personal details will be exchanged with the shipping agent. This in consultation with the customer.
• Personal details on invoices will be stored for at least 5 years.

By accepting these General (delivery) conditions you also agree to this privacy policy.

 

Article 5: Offer:

5.1 INDUBIO only sells used items, with which traces of use cannot be excluded. This belongs to the item. Without requesting further information before proceeding to purchase, you agree to the condition of the item.

5.2 Information, description, photos / images, announcements orally, by telephone, on indubio.nl or via e-mail provided by INDUBIO with regard to the offer are given or done as accurately as possible. INDUBIO does not, however, guarantee that all offers and items are fully in accordance with the information provided, etc. Deviations cannot, in principle, lead to compensation and / or termination of the agreement.

5.3 INDUBIO often sells the lighting or other electrical products with the original wiring that does not always meet the current rules / standards. INDUBIO recommends customers to consulting an electrician before use. INDUBIO sells lamps excluding light bulbs.

5.4 INDUBIO cannot be held responsible to its offer if, in case the offer contains a mistake or error.

5.5 Because products cannot be automatically removed from the site after a transaction has been made, it is possible that a product is no longer available.

 

Article 6: Prices and Payments:

6.1 All prices stated by INDUBIO are expressed in Euros.

6.2 Of the items offered are margin items (so no VAT items) and fall under the margin scheme (according to the dutch “margin scheme”). For these items, 0% VAT is stated on the invoice.

6.3 Purchases can be paid in the following ways:

• Cash payment when picking up the order in the INDUBIO storage (by appointment).
• Payment via bank transfer; the customer transfers the agreed amount to the bank account of INDUBIO, stating the item description.
• Payment by mobile application.
• If agreed, payment can be done by invoice within an agreed period as mentioned on the invoice.

6.4 If agreed with customer that the items(-s) has to be send, this will only be done once the total amount has been credited to the bank account of INDUBIO. 

6.5 Once an item has been ordered, this will be stated as "reserved". If the payment is not received within 5 days after ordering, the item will be put on sale again.

6.6 INDUBIO explicitly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations.

6.7 All payment transaction costs are for customers account.

 

Article 7: Returning:

7.1 Returning is only applicable with “unseen buying”. If the customer has physically seen the item(-s) before buying or personally collects the item(-s) at the warehouse of INDUBIO, returning is not possible.

7.2 If desired, an item can be returned at the expense of the customer. This must be reported by e-mail immediately upon receipt of the item(-s). Returning is possible within 14 days after purchase / receipt of the item and only if the item is in exactly the same condition as at the sale. Costs incurred for sending the item(-s) to the customer and / or sending or returning items are at the expense of the customer. Damages during the returning process are customers responsibility and therefor can be charged by INDUBIO.

7.3 The purchase amount (= value of item(-s) only) is returned after the process of Article 7.2 has gone well.

7.4 INDUBIO reserves the right to refuse returns or to reimburse only part of the amount if it is suspected that the items have been used or damaged by the customer or third parties.

7.5 The purchase amount, excluding transport / shipping costs and minus possible compensation for damage to the products, will be refunded within 7 days to the same bank account from which the customer has paid INDUBIO.

7.6 Should the customer agree with INDUBIO to postpone the delivery and use INDUBIO’s warehouse as a storage and this exceeds one month, returning the item or cancelling the purchase is not possible unless agreed by written; email.

7.7 The whole returning proces must be in good consultation between customer and INDUBIO by written; email.

 

Article 8: Delivery:

8.1 The goods can only be collected by appointment, this will take place in consultation with INDUBIO. Certainly in the case of fragile / very expensive items, collection is preferable.

8.2 INDUBIO initially only delivers within Netherlands. For orders outside the Netherlands you must first contact us by email about the amount of the shipping costs. For deliveries abroad, different delivery conditions apply.

8.3 The items are packaged as well as possible for shipment. However, should damage occur during shipment, INDUBIO is not liable for this. If desired, the customer can opt for insured delivery and has to mention this by email.

8.4. With insured delivery, the customer must check the purchased item(-s) for damage in the presence of the delivery person / carrier before signing the consignment note / confirmation of receipt from the carrier. By signing the waybill / acknowledgment of receipt, the customer confirms damage-free receipt of the products.

If this check is not carried out and / or the bill of lading / confirmation of receipt is nevertheless signed, no damage can be recovered from the carrier and / or INDUBIO.

8.5 Upon receipt of payment, INDUBIO will arrange the shipping as soon as possible. Shipping will be done by a third party. The stated delivery time by the third party is indicative and never counts as a deadline. Exceeding any delivery time does not entitle the customer to compensation or the right to cancel the order or to dissolve the agreement, unless the delivery time is exceeded such that the customer cannot reasonably be expected to have the agreement in place late.

8.6 Delivery takes place at the address, date and time in consultation by the customer and INDUBIO.

 

Article 9: Shipping costs:

9.1 All shipping costs are in consultation between customer and INDUBIO and will only be send after customer agrees to shipment conditions.

9.2 Typing errors and errors in the calculation of shipping costs reserved.

9.3 If the customer is not in the Netherlands, the customer is liable for all sales tax and / or import duties that may be due.

 

Article 10: Retention of title:

10.1 The ownership of the item(-s) transfers at the moment that the customer has paid for the item(-s).

 

Article 11: Intellectual property:

11.1 The customer explicitly acknowledges that all intellectual property rights of displayed information, images / photos, announcements or other expressions with regard to the items and or with regard to the internet site or promotion thereof are vested with INDUBIO or other right-holders. Photos, images from INDUBIO may not be used without permission.

 

Article 12: Force majeure:

12.1 If one or both parties are hindered as a result of a circumstance that is not due to fault or force majeure, both parties are not obliged to fulfill any obligation.

12.2 Parties can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than 2 months, each of the parties is entitled to terminate the agreement, without obligation to compensate damage to the other party.

 

Article 13: Compensation / damages:

13.1 Although INDUBIO will pack the items with care for transport, it is not liable for damages during transport. Insurance for these damages can be arranged upon request by client.

13.2 INDUBIO is not liable for damage caused by third parties or for consequential damage due to incorrect use or a defect not foreseeable by INDUBIO.

13.3 In case of “buy on distance” (=unseen, not other then pictures) any remark / failure to the item(-s), not mentioned before ordering, must be reported to INDUBIO by email directly upon receipt of the item(-s).

13.4 In order to claim damages (due to transport) from the shipping agent, it is important for the customer to make pictures of these damages directly upon collection and before removing the packing of the item. Pictures must contain: overview of the packed item with the damage visible, detailed pictures, pictures of the postal label and pictures of the damage to the item.

13.5 In case of the customer and INDUBIO have agreed delivery will be postponed, INDUBIO can not be held liable for damages (in any form) to the items during the storage.

 

Article 14: Applicable law and competent court:

14.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply are exclusively governed by Dutch law.