Welcome at Volvo Outboard for Penta / Archimedes / Crescent / Monark Outboards

Article 1. Applicability

1.1 These General Terms and Conditions apply to all offers, orders and agreements of Volvo-Outboard.

1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions.

1.3 The provisions of these Conditions can only be deviated from in writing, in which case the other provisions remain in full force.

1.4 All rights and claims, as stipulated in these Conditions and in any further agreements for the benefit of Volvo-Outboard, are also stipulated for the benefit of intermediaries and other third parties engaged by Volvo-Outboard.

Article 2. Offers / agreements

2.1 All offers of Volvo-Outboard are free of obligation and Volvo-Outboard expressly reserves the right to change the prices, especially when this is necessary on the basis of (legal) regulations. See also article 3.6.

2.2 An agreement is only concluded after acceptance of your order by Volvo-Outboard. Volvo-Outboard is entitled to refuse orders or to attach certain conditions to the delivery, in particular additional transport costs, unless expressly provided otherwise.

Article 3. Prices and Payment terms

3.1 The prices stated for the products and services offered are in Euros, excluding VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.

3.2 Payment must be made without discount or compensation for orders by E-mail with advance payment unless otherwise agreed in writing.

3.3 Payment must always be made by prepayment (paypal) or by bank. If payment is made by bank or giro, the date of payment is the date of crediting the giro account or bank account of Volvo-Outboard. reserve the right to send the ordered goods only when the payment is visible on the account of Volvo-Outboard is credited, unless otherwise agreed in writing.

3.4 If the payment term is exceeded, you are in default from the day that payment should have been made and you owe default interest of 1% per month or part of a month on the outstanding amount from that day. If payment takes place after a reminder by Volvo-Outboard you will owe an amount of twenty-five euros (25,00) in administrative costs and if Volvo-Outboard outsources its claim for collection, you also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to Volvo-Outboard's authority to claim the extrajudicial collection costs actually incurred.

3.5 If you are in default on any payment, Volvo-Outboard is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements.

3.6 If the prices for the offered products and services increase in the period between the order and the execution thereof, you are entitled to cancel the order or dissolve the agreement within ten (7) days after notification of the price increase by Volvo-Outboard. .

3.7 In the case of orders via E-mail, transport costs are calculated and tested for the length and weight of the ordered items. As a result, deviations can sometimes occur in the transport calculation, Volvo-Outboard will notify you of the delivery of goods. In consultation with the customer, an acceptable solution is sought for both parties. If the customer does not agree with this, the order will lapse and any payment made by the customer will be refunded by Volvo-Outboard within 5 days.

3.8 The goods can be paid on receipt in cash. or by bank transfer within 30 days after received invoice by E-mail.

Article 4. Delivery

4.1 The delivery times specified by Volvo-Outboard are only indicative. Exceeding any delivery term does not entitle you to compensation, nor the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery period is such that you can not reasonably be required to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary.

4.2 The delivery of the products will take place at the place and time at which the products are ready for shipment to you.

Article 5. Reservation of ownership

5.1 The ownership of the delivered products is only transferred if you have paid everything you owe to Volvo-Outboard pursuant to any agreement. The risk with regard to the products already passes to you at the moment of delivery.

Article 6. Intellectual and industrial property rights

6.1 You must fully and unconditionally respect all intellectual and industrial property rights resting on the products delivered by Volvo-Outboard.

6.2 Volvo-Outboard does not guarantee that the products delivered to you do not infringe on any (unwritten) intellectual and / or industrial property rights of third parties.

Article 7. Complaints and liability

7.1 You have the obligation to examine at delivery whether the products meet the agreement. If this is not the case, you must inform Volvo-Outboard as soon as possible and in any case within four (4) working days after the delivery, at least after observation was reasonably possible, in writing / E-mail and notivate.

7.2 If it is demonstrated that the products do not comply with the agreement, Volvo-Outboard has the choice to replace the products in question with new products or to refund the invoice value.

7.3 If you do not wish to purchase a product for whatever reason, you as a private individual have the right to return the product to Volvo-Outboard within 14 (10) working days after delivery. Return shipments are only accepted if the packaging of the product is undamaged, Volvo-Outboard has been informed in advance of return shipment (s), and also that the costs for return shipments are at your expense.

Article 8. Warranty

8.1 If Volvo-Outboard delivers products to the customer, Volvo-Outboard shall never be held to a further guarantee with respect to the customer than that on which Volvo-Outboard can claim against its supplier. Warranty period will be (see 8.2). Complaints due to outwardly visible defects must conform to the contract conditions, but no later than 14 (fourteen) days after receipt of the goods by the client in writing. Complaints received by Volvo-Outboard after the expiry of this period need not be processed by Volvo-Outboard.

8.2 The warranty period on parts is 1 month

Article 9. Orders / communication

9.1 For misunderstanding, mutilation, delays or inadequate delivery of orders and announcements as a result of the use of the Internet or any other means of communication in traffic between you and Volvo-Outboard, or between Volvo-Outboard and third parties, insofar as they relate to the relationship between you and Volvo-Outboard, Volvo-Outboard is not liable, unless and insofar as there is intent or gross negligence on the part of Volvo-Outboard.

9.2 Only orders and agreements communicated and requested by E-mail are valid. Telephone and oral orders are only binding on us if they are confirmed in writing or by E-mail.

9.3 Order confirmation within 5 days after telephone orders, we expect a E-mail or written order confirmation for binding terms.

Article 10. Force majeure

10.1 Without prejudice to the other rights it is entitled to, Volvo-Outboard has the right, in case of force majeure, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by informing you in writing. and without the Volvo-Outboard being obliged to pay any compensation, unless this would be unacceptable in the circumstances to the standards of reasonableness and fairness.

10.2 Force majeure means any shortcoming which can not be attributed to Volvo-Outboard, because it is not due to its fault and is not for its account under the law, legal act or generally accepted in traffic.

Article 11. Miscellaneous

11.1 If you give Volvo-Outboard an address in writing (E-mail), Volvo-Outboard is entitled to send all orders to that address, unless you provide Volvo-Outboard with a written notice of another address to which your orders are to be sent.

11.2 If Volvo-Outboard allows deviations from these Conditions, whether or not tacitly, for a short or longer period, this does not affect its right to demand immediate and strict compliance with these Conditions. You can never assert any right on the grounds that Volvo-Outboard applies these Conditions smoothly.

11.3 If one or more of the provisions of these Terms and Conditions or any other agreement with Volvo-Outboard should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legal right established by Volvo-Outboard. allowable comparable provision.

11.4 Volvo-Outboard is authorized to use third parties in the execution of your order (s).

Article 12. Applicable law and competent court

12.1 Dutch law applies exclusively to all rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as to these Terms and Conditions.

12.2 All disputes between parties will only be submitted to the competent court in the Netherlands.

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