General Terms and Conditions of Sale


Definitions

  1. Schouten Select Cameras & Accessories BV: based in Soest and registered with the Chamber of Commerce under file number 20095614, trading as Schouten Select Cameras & Accessories BV.
  2. Website: the Website of Schouten Select Cameras & Accessories BV, to be found on www.schouten-select.nl and all of its subdomains.
  3. Client: the natural person or corporation acting in the performance of a profession or business who enters into an agreement with Schouten Select Cameras & Accessories BV and/or is registered on the Website.
  4. Agreement: any arrangement or agreement between Schouten Select Cameras & Accessories BV and the Client of which the General Terms and Conditions are an integral part.
  5. General Terms and Conditions: these General Terms and Conditions.


Applicability of the General Terms and Conditions

  1. The General Terms and Conditions apply to all offers, agreements and deliveries of Schouten Select Cameras & Accessories BV, unless explicitly agreed otherwise in writing.
  2. If the Client in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not in included the General Terms and Conditions, such provisions will only be binding upon Schouten Select Cameras & Accessories BV if and in so far as Schouten Select Cameras & Accessories BV has accepted them in writing.

  3.  In the event that, in addition to these General Terms and Conditions, specific product or service terms and conditions also apply, those terms and conditions shall also apply. However, in case of conflicting provisions, the Customer may always invoke the applicable provision that is most favorable to them.


Prices and information

  1. All prices posted on the Website and in other materials originating from Schouten Select Cameras & Accessories BV are inclusive of taxes and other levies imposed by the government, unless stated otherwise on the website.
  2. If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
  3. The content of the Website is composed with the greatest care. Schouten Select Cameras & Accessories BV cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Schouten Select Cameras & Accessories BV are subject to obvious programming and typing errors.
  4. Schouten Select Cameras & Accessories BV cannot be held responsible for deviations in color that result from the quality of the colors displayed on the screen


Conclusion of the Agreement

  1. The Agreement will be deemed to be concluded at the moment the Client accepts the offer of Schouten Select Cameras & Accessories BV subject to the conditions laid down by Schouten Select Cameras & Accessories BV.
  2. If the Client has accepted the offer by electronic means, Schouten Select Cameras & Accessories BV will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, the Client will have the possibility to dissolve the Agreement.
  3. If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Schouten Select Cameras & Accessories BV will have the right demand fulfilment of the Client’s obligations until the correct data is received.
  4. Schouten Select Cameras & Accessories BV may, within legal frameworks, assess whether the Customer is able to meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the Agreement. If, based on this assessment, Schouten Select Cameras & Accessories BV has valid reasons not to enter into the Agreement, it is entitled to refuse an order or request, or to attach special conditions, such as advance payment, to the execution of the Agreement.


Registration

  1. To make optimum use of the Website, the Client can register using the registration form/the account sign-in option on the Website.
  2. During the registration process, the Client will be asked to choose a user name and password with which he can log on to the Website. The Client alone is responsible for choosing a sufficiently reliable password.
  3. The Client must keep its login credentials, user name and password strictly confidential. Schouten Select Cameras & Accessories BV cannot be held liable for any misuse of the login credentials and is always entitled to assume that the Client who logs on to the Website is the party that it professes to be. The Client is responsible for and bears the full risk of any and all actions and transactions performed via the Client’s account.
  4. If the Client knows or has reason to suspect that its login details have become available to unauthorized parties, it will be required to change its password as soon as possible and/or to notify Schouten Select Cameras & Accessories BV accordingly so as to allow Schouten Select Cameras & Accessories BV to take appropriate measures.


Execution of the Agreement

  1. As soon as Schouten Select Cameras & Accessories BV has received the order, it will send the products to the Client without delay and with due regard for the provisions of paragraph 3 of this article.
  2. Schouten Select Cameras & Accessories BV is authorized to engage third parties in the fulfilment of its obligations under the Agreement.
  3. Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.
  4. If Schouten Select Cameras & Accessories BV is unable to deliver the products within the agreed term, it will notify the Client accordingly. In that case the Client can decide either to agree to a new delivery date or to dissolve the Agreement without incurring any costs.
  5. Schouten Select Cameras & Accessories BV advises the Client to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
  6. The risks associated with the products will transfer to the Client as soon as the products are delivered at the agreed delivery address.
  7. If the ordered product can no longer be supplied, Schouten Select Cameras & Accessories BV is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the product free of charge.

     
    Right of withdrawal/return

    1. The Customer has the right to terminate the distance contract with Schouten Select Cameras & Accessories BV within 14 calendar days after receiving the product, without providing any reason, free of charge. The period begins the day after the Customer, or a third party designated by them who is not the carrier, receives the product, or:
      1. If the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by them, receives the last product;
      2. If the delivery of a product consists of multiple shipments or parts: the day on which the Customer, or a third party designated by them, receives the last shipment or the last part;
      3. For agreements for the regular delivery of products over a specified period: the day on which the Customer, or a third party designated by them, receives the first product.
    2. Only the direct costs incurred for the return shipment are for the Client’s account. This means that the Client will have to pay the costs of returning the product. Any shipping costs paid by the Client and the purchase price paid for the product will be refunded to the Client if the entire order is returned.
    3. During the withdrawal period referred to in paragraph 1 above, the Client will treat the product and its packaging with the utmost care. The Client may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation.
    4. The Customer is only liable for the depreciation of the product that results from handling the product in a manner that goes beyond what is allowed in the previous paragraph.
    5. The Client can dissolve the Agreement in accordance with paragraph 1 of this article by returning the product to Schouten Select Cameras & Accessories BV within the term stated in paragraph 1, or by informing Schouten Select Cameras & Accessories BV within this same term about the fact that it has decided not to purchase the product and returning the product as soon as possible.


      Products can be returned to the following address:

      Schouten Select Cameras & Accessories BV
      Laanstraat 39
      3762KB Soest
      THE NETHERLANDS

    6. Any amounts already paid by the Client (in advance) will be refunded to the Client as soon as possible, and in any case within 30 days after dissolution of the Agreement.
    7.  Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
    8. The right of withdrawal does not apply to:
      1. Products that Schouten Select Cameras & Accessories BV has created in accordance with the consumer’s specifications;
      2. Audio and video recordings and computer software whose seal the Client has broken.


    Payment

    1. The Customer must make payments to Schouten Select Cameras & Accessories BV using the payment methods specified in the order process and, if applicable, on the Website. Schouten Select Cameras & Accessories BV is free to choose the payment methods it offers, and these may change from time to time. In the case of payment after delivery, the Customer has a payment term of 14 days, starting the day after delivery.
    2. If the Customer fails to meet their payment obligation(s) on time, they will owe statutory interest on the outstanding amount after being notified by Schouten Select Cameras & Accessories BV of the late payment, and after Schouten Select Cameras & Accessories BV has granted the Customer a 14-day period to fulfill their payment obligations. If payment is not made within this 14-day period, the Customer will owe statutory interest on the outstanding amount, and Schouten Select Cameras & Accessories BV is entitled to charge the extrajudicial collection costs incurred. These collection costs are a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. Schouten Select Cameras & Accessories BV may, to the benefit of the Customer, deviate from these amounts and percentages.


    Warranties and conformity

    1. This article only applies if the Client is not acting in a professional or commercial capacity. If, notwithstanding the latter provision, Schouten Select Cameras & Accessories BV provides a separate guarantee on the products, this applies to all types of Clients.
    2. Schouten Select Cameras & Accessories BV warrants that the products satisfy the Agreement, the specifications laid down in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that are in force on the date the Agreement is signed. If specifically agreed, Schouten Select Cameras & Accessories BV will also warrant that the product is suitable for purposes other than its normal use.
    3. Any warranties offered by Schouten Select Cameras & Accessories BV, the manufacturer or the importer will not affect the statutory rights and claims which the Client already has and may invoke by virtue of the Agreement.
    4. If the delivered product fails to satisfy the Agreement, the Client can notify Schouten Select Cameras & Accessories BV accordingly within a reasonable period of time after discovering the defect.
    5. If Schouten Select Cameras & Accessories BV deems the complaint to be well-founded, the products concerned will be repaired, replaced or refunded in consultation with the Client. In accordance to the Article concerning liability, the refund cannot exceed the price paid for the product by the Client.


    Complaints handling procedure

      1. If the Client has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Schouten Select Cameras & Accessories BV’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
      2. Schouten Select Cameras & Accessories BV will respond to the complaint as soon as possible, and in any case within 5 days after having received it. If it is not yet possible for Schouten Select Cameras & Accessories BV to formulate a substantive reaction to the complaint by that time, Schouten Select Cameras & Accessories BV will confirm receipt of the complaint within 5 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the Client’s complaint.
      3. A Customer who is not acting in the course of their profession or business may also file a complaint via the European Online Dispute Resolution (ODR) platform, accessible at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.


      Liability

      1. This Article only applies if the Client is a natural person or a legal entity who is acting in a professional or commercial capacity.
      2. The total liability of Schouten Select Cameras & Accessories BV in respect of the Client due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).
      3. The liability of Schouten Select Cameras & Accessories BV in respect of the Client for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
      4. Aside from the cases referred to in the two previous paragraphs of this Article, Schouten Select Cameras & Accessories BV is not subject to any liability at all in respect of the Client for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Schouten Select Cameras & Accessories BV.
      5. Schouten Select Cameras & Accessories BV will only be liable to the Client on account of an attributable failure in the performance of an agreement if the Client issues a proper notice of default to Schouten Select Cameras & Accessories BV without delay stipulating a reasonable period of time in which to remedy the failure, and Schouten Select Cameras & Accessories BV also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable Schouten Select Cameras & Accessories BV to provide an adequate response.
      6. Any event giving right to compensation is always subject to the condition that the Client reports the damage or loss in writing to Schouten Select Cameras & Accessories BV as soon as possible, but no later than within 30 days after the damage or loss has arisen.
      7. In the event of force majeure Schouten Select Cameras & Accessories BV is not liable to pay compensation for any damage or loss the Client has incurred as a result.


      Retention of title

      As long as the Customer has not made full payment for the entire agreed amount, all delivered goods remain the property of Schouten Select Cameras & Accessories BV.


      Personal details

      Schouten Select Cameras & Accessories BV will process the Client’s personal details in accordance with the privacy statement published on the Website.


      Final provisions

      1. This agreement is governed by the laws of the country of establishment of the webshop.
      2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Schouten Select Cameras & Accessories BV has its registered office.
      3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
      4. The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.


      Contact details

      Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.

      Schouten Select Cameras & Accessories BV
      Laanstraat 39
      3762KB Soest
      THE NETHERLANDS
      Phone: 035-6090208
      e-Mail: info@schouten-select.com
      Chamber of Commerce:  20095614
      VAT number:  NL817005006B01