General Terms and Conditions
English version of the Terms and Conditions can be found HERE (link).
Terms and Conditions of Surface Protection Europe B.V. for businesses and private individuals.
We, Surface Protection Europe B.V., would like to point out that these general terms and conditions consist of 2 parts. The general terms and conditions mentioned in Part 1 apply only to B2B customers. The general terms and conditions applicable only to B2C customers can be found in the second part.
Part 1 - B2B:
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Table of Contents
Article 1: Definitions
Article 2: Identity of the entrepreneur
Article 3: Applicability of the general terms and conditions
Article 4: Privacy & personal data
Article 5: Agreement
Article 6: The offer
Article 7: The price
Article 8: Payment
Article 9: Right of withdrawal
Article 10: Exercise of the right of withdrawal by the customer
Article 11: Obligations of the entrepreneur in case of withdrawal
Article 12: Delivery and pickup options
Article 13: Deviations
Article 14: Long-term transactions
Article 15: Compliance with the agreement and warranty
Article 16: Complaints procedure
Article 17: Additional or deviating provisions
Article 18: Liability
Article 19: Intellectual property rights
Article 1: Definitions
If a word or term used in these general terms and conditions is unclear to the reader, the reader should consult its meaning in the definitions below to avoid misunderstandings. If a word or term is not specifically defined, the reader may contact the entrepreneur for further explanation.
1. Entrepreneur:
Entrepreneur means: Surface Protection Europe B.V., as stated in Article 2.
2. Customer:
Customer means: a natural person or legal entity that enters into an agreement with the entrepreneur or to whom the entrepreneur makes an offer, regardless of whether they act as a consumer or in the exercise of a profession or business.
3. Agreement:
Agreement means: an agreement between the entrepreneur and the customer, in which arrangements have been laid down regarding the performance of a service or the delivery of products. The confirmation of an agreement is regulated in Article 4.
4. Right of withdrawal:
Right of withdrawal means: the right of the customer to dissolve the agreement with the entrepreneur without giving reasons within the cooling-off period, as further stipulated in Article 8.
5. Day(s):
A "day" or "days" means: calendar day(s), including weekends and public holidays.
6. For services and digital content not supplied on a tangible medium:
Services and digital content mean: intangible services (e.g., machine repair) or digital content not delivered on a physical medium (such as a CD or USB stick).
7. Public auction:
Public auction means: a public sales method where products, goods, or services are offered by the entrepreneur to consumers who are present in person or via an electronic system, under the guidance of an auctioneer, and where the buyer obtains the product after a successful bid.
8. Sample:
Sample means: an example or part of a product that serves solely to indicate the nature, quality, color, or other properties of the final product.
9. Continuous performance contracts:
Continuous performance contract(s) means: an agreement between the entrepreneur and the customer that provides for the regular delivery of products or services over a specified or indefinite period.
10. (Commercial) guarantee:
(Commercial) guarantee means: an additional commitment offered by the entrepreneur, manufacturer, or importer in addition to the statutory warranty, guaranteeing that the delivered product will retain certain properties or continue to function for a specific period. The commercial guarantee does not affect the legal rights of the customer.
Article 2: Identity of the entrepreneur
Surface Protection Europe B.V. is a trade name of S&L Group B.V.
In these terms, "Surface Protection Europe B.V." or "we" refers to: S&L Group B.V. trading under the name Surface Protection Europe B.V.
Visiting address: Lorentzlaan 21, 3401MX IJsselstein, Netherlands.
Email address: info@surfaceprotectioneurope.com
Phone number: +31 6 17 13 60 99
Chamber of Commerce number: 97016616
VAT identification number: NL867875793B01
S&L Group B.V. is located in the Netherlands. All agreements to which these general terms and conditions apply are exclusively governed by Dutch law, unless expressly agreed otherwise. All communication and documentation will be provided in Dutch and/or English. The activities of S&L Group B.V. are not subject to a licensing system or professional regulations.
For questions, complaints, or information, please contact us using the details above.
Article 3: Applicability of the general terms and conditions
1. These general terms and conditions apply to every offer made by the entrepreneur and every agreement between the entrepreneur and the customer. Without agreement to the general terms and conditions, it is not possible to enter into an agreement between the entrepreneur and the customer. You always have the right to object to the general terms and conditions.
2. If, in addition to these general terms and conditions, specific product or service conditions apply, both sets of conditions shall apply. In case of contradictions between these conditions, the provisions of the product or service conditions shall prevail.
3. Before any distance contract is concluded, the general terms and conditions will be made available to the customer. If this is not possible, the entrepreneur will clearly state to the customer where the general terms and conditions can be found. In addition, the customer has the right to receive the applicable general terms and conditions free of charge by e-mail.
Article 4: Privacy & personal data
1. The entrepreneur processes personal data of customers in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR).
2. The processing of personal data takes place for, among other things, the execution of the agreement, administration, customer service, and compliance with legal obligations.
3. The purposes of processing, the categories of personal data, retention periods, security measures, and the rights of data subjects are laid down in the privacy statement of Surface Protection Europe B.V., which can be consulted via the website.
4. The entrepreneur does not store personal data longer than is necessary for the aforementioned purposes and as long as legally permitted.
Article 5: Agreement
1. An agreement between the entrepreneur and the customer is concluded at the moment that the agreement has been confirmed by the entrepreneur via an order confirmation. In the event of a telephone or personal request, the entrepreneur will always send a confirmation by e-mail to the customer. The customer has the right to cancel the agreement free of charge within 12 hours of confirmation. The entrepreneur also reserves the right to cancel the agreement free of charge within the same period. After this period, the entrepreneur may, at their discretion, still grant the customer the right to free cancellation.
2. The confirmation of an agreement by the entrepreneur may only take place, after the customer has given their approval. Without the customer's approval, the entrepreneur is not permitted to confirm the agreement.
Article 6: The offer
1. Every offer made by the entrepreneur has a validity period of 30 days, starting from the moment the offer is sent to the customer. If a different validity period applies to an offer, the entrepreneur must specifically state this in the offer.
2. Every offer contains a clear and complete description of the products, services, or digital content without a tangible medium. The entrepreneur ensures that the description is sufficiently detailed so that the customer can properly assess the offer. If the entrepreneur uses images in the offer, these provide a true representation of the offered products, services, or digital content. Obvious typographical, spelling, or other errors and inaccuracies in the offer are reserved.
3. Unless specifically stated otherwise, the general terms and conditions apply to every offer made by the entrepreneur. In the event that other conditions apply to an offer made by the entrepreneur than these general terms and conditions, this must be clearly stated.
Article 7: The price
1. Unless stated otherwise, all prices stated on the website, in the webshop or in an offer from the entrepreneur are exclusive of VAT. The due VAT will be added to the price and must be paid by the customer. During the validity period of an offer, the prices of the offered products, services or digital content will not be increased, except for price changes due to changes or other legal provisions as referred to in paragraph 2.
2. The entrepreneur reserves the right to implement price changes during the validity period of an offer in the following cases:
a. As a result of changes in VAT rates. In that case, the entrepreneur is entitled to adjust the prices accordingly.
b. As a result of fluctuations in the financial market over which the entrepreneur has no influence. In that case, the entrepreneur may use target prices or variable prices, provided this is clearly stated in the offer and the customer explicitly agrees to this.
3. Price increases within two months of the conclusion of the agreement are only permitted if they are the direct result of legal regulations or provisions. If the price increase results from such legal regulations or provisions, the customer retains the right to dissolve the agreement with immediate effect.
Article 8: Payment
1. When selling products to the customer, the entrepreneur reserves the right to oblige the customer to pay in advance in the general terms and conditions. If prepayment has been agreed upon, the customer cannot derive any rights from the execution of the order until the agreed payment has been made to the payment account specified by the entrepreneur. Unless otherwise agreed between the entrepreneur and the customer, every order on the Surface Protection Europe website must be paid for in advance.
2. Unless otherwise stipulated in an agreement between the entrepreneur and the customer or in additional terms, a payment period of no more than 14 days applies to the amounts due. The payment period starts when the product(s) have been delivered to the customer. The customer is obliged to immediately report any inaccuracies in the provided payment details to the entrepreneur.
3. If the customer fails to meet his payment obligation(s) on time, the entrepreneur will inform the customer in writing of the late payment and grant a period of 7 days to still pay. If payment is not made after this period, the customer owes statutory interest on the outstanding amount. In addition, the entrepreneur is entitled to charge the extrajudicial collection costs incurred, in accordance with the Extrajudicial Collection Costs Decree. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500, 10% on the next € 2,500, 5% on the next € 5,000, 1% on the next € 190,000 and 0.5% on the remaining amount. These collection costs only apply to amounts above the minimum amount of € 40. The entrepreneur reserves the right to deviate from the amounts and percentages mentioned in these terms and conditions, to the benefit of the customer.
Article 9: Right of Withdrawal
1. The customer has no right to return the product when entering into an agreement for the purchase of a product. The entrepreneur reserves the right to grant the customer permission to withdraw. This exceptional permission to withdraw must be granted in writing by the entrepreneur. The entrepreneur also reserves the right to ask for the reason for withdrawal, but the customer is not obliged to state his reason(s).
Article 10: Exercise of the right of withdrawal by the customer
1. If the customer exercises his right to withdraw, he must report this by e-mail to the entrepreneur via the e-mail address mentioned in Article 2. The customer must also submit a fully completed return form, as stated on the "Returns" page. If the customer is unable to find or download the return form, he retains the right to receive it free of charge from the entrepreneur.
2. After the customer has followed the steps mentioned in paragraph 1, the return period begins. In that case, the customer must return the product to the entrepreneur or hand it over to an authorized representative of the entrepreneur as soon as possible, but no later than within 14 days. If there is a delay in returning the product or products, the customer must report this to the entrepreneur without delay. The method by which the product or products must be returned is further explained in paragraph 3. If the entrepreneur has offered to pick up the product or products himself, the customer is exempt from the obligations mentioned in this paragraph.
3. The customer must return the product or products, including all supplied accessories. If reasonably possible, the customer must return the product in its original condition and packaging, in accordance with the instructions provided by the entrepreneur. The customer is also obliged to attach the completed return form mentioned in paragraph 2 to the outside of the packaging, so that it is clearly visible upon receipt of the return shipment.
4. The customer bears all costs associated with returning the product or products. The entrepreneur also reserves the right to charge the customer for any loss of value, as discussed in Article 7, paragraph 1, afterwards. If the entrepreneur offers to arrange the return shipment himself, the entrepreneur reserves the right to pass on the associated costs to the customer. The entrepreneur reserves the right to waive all or part of the return costs in favor of the customer.
Article 11: Entrepreneur's obligations upon revocation
1. After the entrepreneur receives a notification from the customer, including a completed return form as stated in Article 8, paragraph 1, the entrepreneur is obliged to confirm this notification within 24 hours. If the customer does not exercise their right of withdrawal through the correct channels or steps, the entrepreneur will be granted an additional period of 7 days before the refund, as stated in Article 9, paragraph 2, commences.
2. After the customer has correctly exercised their right of withdrawal and the product has been properly received back by the entrepreneur, a payment term of 14 days (excluding any additional terms) applies for the refund. The payment term commences on the day the product is received by the entrepreneur, as confirmed by the customer, the entrepreneur, and any third parties, such as the carrier. In the event that the customer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs of this delivery.
3. Any depreciation in value must be discussed between the entrepreneur and customer before the refund begins. If the entrepreneur and customer have not yet agreed on the depreciation, it is not possible to start the refund period. The time spent discussing the depreciation will not be added to the standard, and any additional, payment term.
4. The entrepreneur must make the refund using the same payment method that the customer used. Any additional costs, such as transaction fees, will be borne by the entrepreneur. Unless the entrepreneur agrees otherwise, it is not permitted to make the refund via a different payment method.
Article 12: Delivery and collection options
1. Products will always be delivered to the address provided by the customer to the entrepreneur, unless the customer has explicitly specified a different delivery address to the entrepreneur. The entrepreneur will exercise the utmost care in receiving, processing, and shipping consignments. The customer has the right to report any inaccuracies or damages via the contact details mentioned in Article 2.
2. The risk of damage to or loss of a product or consignment lies with the entrepreneur until the moment the customer, or a third party designated by the customer, receives the delivery. The entrepreneur, a third party mandated by him, or the carrier, is responsible for informing the customer about the delivery of the consignment.
3. If, for any reason, the entrepreneur is unable to ship the products within 21 days after concluding the agreement, the entrepreneur must inform the customer as soon as possible. If the entrepreneur has not made contact within this period, the customer has the right to dissolve the agreement without costs or further notice from the entrepreneur. In that case, the entrepreneur is obliged to refund the full amount paid by the customer, in accordance with the payment arrangements in Article 5 and Article 9.
4. Due to the nature, dimensions, or weight of the products, collection at a collection point or in the warehouse is generally not possible, unless explicitly agreed otherwise in writing. The entrepreneur must always inform the customer about the method of delivery of the product or products.
5. The entrepreneur is not obliged to fulfill any obligation if this is reasonably impossible due to circumstances beyond the entrepreneur's control, such as strikes, fire, natural disasters, government measures, or supplier failures.
Article 13: Deviations
1. The entrepreneur reserves the right to invoice the customer for deviations in the number of products delivered compared to the agreement, provided that this deviation falls within the established tolerances. A product is defined as a single, separate item. Different qualities, dimensions, or colors are not considered the same product. The permissible tolerances for over- or under-delivery are as follows:
a. For plastic sleeves or bags: a tolerance of 1,500 units.
b. For cardboard: a tolerance of 15% with a maximum of 1,000 units.
c. For paper and foil (other than sub a or b): a tolerance of 15% with a maximum of 100 kilograms.
d. For all remaining products: a tolerance of 10%.
2. Provided that they fall within the tolerances mentioned below, deviations in quality from previous deliveries or samples do not constitute grounds for refusing delivery, suspending payment, dissolving the agreement, or claiming damages. The entrepreneur, as well as any third parties engaged by him, will exercise the utmost care to prevent deviations in quantity or quality. The average of the entire order will be used to determine a quality deviation. If quality deviations fall outside the tolerances below, the customer has the right to refuse delivery free of charge. The tolerances are set as follows:
a. Weight and thickness: a tolerance of up to 10% is allowed.
Weight and thickness should be measured without packaging.
b. Dimensions: a deviation of up to 20 millimetres is allowed.
Dimensions must always be measured on the inside.
c. Colour: the PMS colour may deviate by a maximum of two units.
The desired PMS colour must always be confirmed in advance by the customer.
3. The entrepreneur must always inform the customer of any deviations in quality and quantity. Unless explicitly stated otherwise, the tolerances mentioned in paragraphs 1 and 2 are leading. If the entrepreneur has not informed the customer of the deviations, the customer reserves the right to refuse the deviating quantities free of charge. In the event that the deviations in quality fall outside the tolerances stated in paragraph 2, the customer has the right to refuse the entire delivery. Notifications regarding deviations must be made no later than within the 14-day cooling-off period after delivery via the contact details mentioned in Article 2.
Article 14: Long-term transactions
1. Long-term transactions entered into for a definite period automatically end after the agreed period, unless otherwise agreed in writing. Long-term transactions entered into for an indefinite period can be terminated in writing by both parties with one month's notice, unless otherwise agreed. If a specific term or notice period is included in the agreement, the provisions stated therein prevail over the terms mentioned in this article.
2. The entrepreneur reserves the right to terminate or amend the agreement prematurely if its continuation cannot reasonably be expected from him, for example in case of structural non-payment, repeated breach of contractual obligations or termination of the customer's business activities.
3. Any price changes during the term of the long-term transaction will only take place after written notification to the customer, with a notice period of at least one month. In the event of a price increase of more than 10% within the term of the agreement, the customer may terminate the agreement in writing within fourteen days of notification, without any obligation to pay compensation.
Article 15: Fulfilment of the agreement and warranty
1. The entrepreneur is responsible for delivering products and/or services that comply with the agreement, the specifications stated in the offer and the reasonable requirements of soundness and usability, taking into account the tolerances customary in the industry.
Deviations in colour, size, weight or other properties that are technically unavoidable or considered acceptable according to trade usage do not constitute grounds for rejection, dissolution or compensation. The entrepreneur also reserves the right, in accordance with Article 14, to deliver deviating quantities within the established tolerances.
2. If agreed, the entrepreneur, his supplier, manufacturer or importer may provide the customer with an additional or commercial warranty. This warranty never extends further than what has been explicitly agreed in the agreement or warranty statement.
Any warranty provided by the entrepreneur lapses if the customer has incorrectly used, stored or processed the product, or has not complied with the usage or maintenance instructions. If a manufacturer's warranty applies to a product, this is exclusively provided by the relevant manufacturer or importer. In that case, the entrepreneur is not responsible for handling claims under this manufacturer's warranty, unless expressly agreed otherwise in writing.
Article 16: Complaints procedure
1. If the customer wishes to submit a complaint to the entrepreneur, this must be done via the entrepreneur's complaints procedure. Complaints must be reported to the entrepreneur as specifically and as soon as possible after the customer has identified the complaint. From the moment the complaint has been correctly submitted to the entrepreneur, a period of seven days begins for the entrepreneur to respond to the complaint in terms of content. If the entrepreneur is unable to resolve the complaint within this period, the entrepreneur is obliged to inform the customer in writing within the same period of the reason and an indication of the expected handling. The customer retains the right to grant the entrepreneur an additional period for resolving the complaint, provided both parties agree to this in writing.
Article 17: Liability
1. The entrepreneur is only liable for direct damage that is the direct and exclusive result of an attributable shortcoming of the entrepreneur in the performance of the agreement, with the understanding that this liability is at all times limited to the amount charged by the entrepreneur for the relevant agreement, excluding VAT. Direct damage is understood to mean exclusively:
a. Reasonable costs for determining the cause and extent of the damage.
b. Reasonable costs incurred to prevent or limit damage, provided the customer demonstrates that these costs have led to a limitation of direct damage.
c. Reasonable costs for replacing or restoring defective performance insofar as these are attributable to the entrepreneur.
2. The entrepreneur shall never be liable for indirect damage, including but not limited to consequential damage, loss of profit, missed savings, damage due to business stagnation, reputational damage, or loss of data. The entrepreneur's liability due to an attributable shortcoming in the performance of the agreement shall only arise if the customer has given the entrepreneur written notice of default, offering a reasonable period for performance, and the entrepreneur still attributably fails to perform its obligations after that period.
3. Any liability of the entrepreneur shall lapse if the customer has not made a written claim within twelve months after discovering the damage-causing event. Limitations of liability as stated in this article shall not apply if the damage is the result of intent or deliberate recklessness on the part of the entrepreneur or the management of the company.
4. Advice provided by the entrepreneur regarding product choice, application methods, or strength qualifications is non-binding and intended solely for support. The entrepreneur is not liable for damages resulting from following this advice.
Article 18: Additional or deviating provisions
1. Additional provisions or provisions deviating from these general terms and conditions shall only be valid if they have been agreed upon in writing between the parties. In case of contradictions between the agreement and these general terms and conditions, the agreement shall prevail.
Article 19: Intellectual property rights
1. The content, layout, structure, and wording of these general terms and conditions are the intellectual property of the entrepreneur. Third parties are not permitted to copy, reproduce, distribute, or in any way use these general terms and conditions, in whole or in part, for their own commercial purposes, unless written permission has been granted by the entrepreneur. Violation of this article may lead to civil proceedings for copyright infringement or unlawful act.
2. Designs made by the entrepreneur remain the property of the entrepreneur, unless otherwise agreed in writing.
Part 2 – B2C
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Table of contents
Article 1: Definitions
Article 2: Identity of the entrepreneur
Article 3: Applicability of the general terms and conditions
Article 4: Privacy & personal data
Article 5: Agreement
Article 6: The offer
Article 7: The price
Article 8: Payment
Article 9: Right of withdrawal
Article 10: Obligations of the consumer during the reflection period
Article 11: Exercise of the right of withdrawal by the consumer
Article 12: Obligations of the entrepreneur upon withdrawal
Article 13: Exclusion of the right of withdrawal
Article 14: Delivery and pickup options
Article 15: Deviations
Article 16: Duration transactions
Article 17: Performance of the agreement and guarantee
Article 18: Complaints procedure
Article 19: Additional or deviating provisions
Article 20: Liability
Article 21: Intellectual Property Rights
Article 1: Definitions
If a word or term in these general terms and conditions is unclear to the reader, the reader should consult its meaning in the definitions below to avoid misunderstandings. If a word or term is not specifically defined, the reader can contact the entrepreneur for further clarification.
1. Entrepreneur:
Entrepreneur means: Surface Protection Europe B.V., as stated in Article 2.
2. Consumer:
Consumer means: a natural or legal person who enters into an agreement with the entrepreneur or to whom the entrepreneur makes an offer, regardless of whether this person acts as a consumer or in the exercise of a profession or business.
3. Agreement:
Agreement means: an agreement between the entrepreneur and the consumer, in which arrangements have been laid down regarding the performance of a service or the delivery of products. The confirmation of an agreement is regulated in Article 4.
5. Cooling-off period:
Cooling-off period means: the period within which the consumer has the right to revoke the agreement, as further specified in Article 5.
6. Right of withdrawal:
Right of withdrawal means: the right of the consumer to dissolve the agreement with the entrepreneur without stating reasons within the legal cooling-off period, as further specified in Article 8.
7. Day(s):
A "day" or a number of "days" means: calendar day(s), including weekends and holidays.
8. For services and digital content not supplied on a tangible medium:
Services and digital content means: intangible services (e.g., machine repair) or digital content not supplied on a physical medium (such as a CD or USB stick).
9. Public auction:
Public auction means: a public sales method where products, goods or services are offered by the entrepreneur to consumers who are present in person or via an electronic system, under the guidance of an auctioneer, with the buyer acquiring the product after a successful bid.
10. Sample:
Sample, also referred to as specimen or sample, means: an example or portion of a product that serves solely as an indication of the nature, quality, color, or other properties of the final product.
11. Continuous performance contracts:
Continuous performance contract(s) means: an agreement between the entrepreneur and the consumer that provides for the regular delivery of products or services for a definite or indefinite period.
12. (Commercial) warranty:
(Commercial) warranty means: an additional commitment offered by the entrepreneur, manufacturer, or importer in addition to the statutory warranty, guaranteeing that the delivered product will retain certain properties or continue to function for a specified period. The commercial warranty does not affect the customer's statutory rights.
Article 2: Identity of the entrepreneur
Surface Protection Europe B.V. is a trade name of S&L Group B.V.
In these terms and conditions, "Surface Protection Europe B.V." or "we" refers to: S&L Group B.V. trading under the name Surface Protection Europe B.V.
Visiting address: Lorentzlaan 21, 3401MX IJsselstein, The Netherlands.
Email address: info@surfaceprotectioneurope.com
Phone number: +31 6 17 13 60 99
Chamber of Commerce number: 97016616
VAT identification number: NL867875793B01
S&L Group B.V. is located in the Netherlands. Dutch law exclusively applies to all agreements to which these general terms and conditions apply, unless expressly agreed otherwise. All communication and documentation will be provided in Dutch and/or English. The activities of S&L Group B.V. are not subject to a licensing system or professional regulations.
For questions, complaints or information, please contact us using the details above.
Article 3: Applicability of the general terms and conditions
1. These general terms and conditions apply to every offer made by the entrepreneur and every agreement between the entrepreneur and the consumer. Without agreement to the general terms and conditions, it is not possible to conclude an agreement between the entrepreneur and the consumer. You always have the right to object to the general terms and conditions.
2. If, in addition to these general terms and conditions, specific product or service conditions apply, both sets of conditions shall apply. In case of contradictions between these conditions, the provisions from the product or service conditions shall prevail.
3. Before any distance contract is concluded, the general terms and conditions will be made available to the consumer. If this is not possible, the entrepreneur will clearly state to the consumer where the general terms and conditions can be found. In addition, the consumer has the right to receive the applicable general terms and conditions free of charge by email.
Article 4: Privacy & personal data
1. The entrepreneur processes personal data of consumers in accordance with the applicable laws and regulations, including the General Data Protection Regulation (GDPR).
2. The processing of personal data takes place for purposes including the execution of the agreement, administration, customer service, and compliance with legal obligations.
3. The purposes of processing, the categories of personal data, the retention periods, the security measures, and the rights of data subjects are set out in the privacy statement of Surface Protection Europe B.V., which can be consulted via the website.
4. The entrepreneur does not store personal data longer than necessary for the aforementioned purposes and as long as legally permitted.
Article 5: Agreement
1. An agreement between the entrepreneur and the consumer is concluded when the entrepreneur has confirmed the consumer's order by email. For telephone or personal requests, the entrepreneur will always send a confirmation by email. The consumer has the right to check the order for 12 hours after confirmation and, if desired, to cancel or correct it free of charge. The entrepreneur also reserves the right to cancel the order free of charge within this period in case of clear errors, such as incorrect pricing, stock shortages, or technical problems. This does not affect the consumer's legal right of withdrawal.
2. By placing an order, the consumer agrees to the offer and these general terms and conditions. The entrepreneur confirms receipt of the order by email, thereby concluding the agreement.
Article 6: The offer
1. Every offer made by the entrepreneur has a validity period of 30 days, unless a different period is stated in the offer. The entrepreneur reserves the right to withdraw an offer in case of clear errors, such as obvious pricing or typing errors, or when a product is no longer in stock. The expiration of the offer does not affect the consumer's rights to a previously confirmed order.
2. Every offer contains a clear, complete and accurate description of the products, services or digital content offered. The entrepreneur ensures sufficient detail and truthful images, so that the consumer can properly assess the offer. Obvious mistakes, typing or pricing errors are not binding on the entrepreneur. For each offer, the price including VAT, any additional costs, delivery conditions and information about the right of withdrawal or any exceptions are clearly stated.
3. These general terms and conditions apply to every offer, unless explicitly stated otherwise in the offer. The terms and conditions are made available before or during the ordering process in such a way that the consumer can easily save or download them.
Article 7: The Price
Unless stated otherwise, all prices listed on the website, in the webshop, or in an offer from the entrepreneur include VAT. If shipping costs or other additional costs apply, these will be clearly communicated to the consumer before placing the order. During the validity period of the offer, the prices of products, services, or digital content will not be increased, except for any changes as referred to in paragraphs 2 and 3.
2. The entrepreneur may implement price changes during the validity period of an offer in the following cases:
a. Changes in VAT rates. In that case, the entrepreneur is entitled to adjust the prices accordingly.
b. Price changes due to factors beyond the entrepreneur's control. These are exclusively situations where it has been clearly stated beforehand that the offer is subject to variable prices depending on the financial market and over which the entrepreneur has no influence. In that case, this will be explicitly mentioned in the offer, and the consumer must expressly agree to it.
3. Price increases occurring within two months after the conclusion of the agreement are only permitted if these are a direct result of legal regulations or provisions (such as adjusted VAT rates). If such a price increase occurs, the consumer has the right to immediately terminate the agreement.
Article 8: Payment
1. When selling products to the consumer, the entrepreneur may require the consumer to make an advance payment. If advance payment has been agreed upon, the consumer cannot derive any rights from the execution of the order as long as the agreed payment has not yet been made. Unless otherwise agreed, orders placed via the Surface Protection Europe website must be paid for in advance.
2. If advance payment has not been agreed upon, a payment term of 14 days applies to the amounts owed by the consumer, unless a different term is included in the agreement or additional conditions. The payment term commences on the day the products are received by the consumer. The consumer is obliged to immediately report any inaccuracies in payment details to the entrepreneur.
3. If the consumer fails to meet their payment obligation on time, the entrepreneur will send a written reminder, giving the consumer an additional 7 days to pay. If payment is not made after this period, the consumer will owe statutory interest on the outstanding amount. In addition, the entrepreneur is entitled to charge extrajudicial collection costs in accordance with the Extrajudicial Collection Costs Decree (BIK). These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500, 10% on the next €2,500, 5% on the next €5,000, 1% on the next €190,000, and 0.5% on the remaining amount. These collection costs only apply to amounts above the minimum amount of €40. The entrepreneur reserves the right to deviate from the amounts and percentages stated in these conditions for the benefit of the consumer.
Article 10: Right of Withdrawal
1. The consumer has the right to dissolve an agreement concerning the purchase of a product within a reflection period of 14 days without stating reasons. The entrepreneur may ask for the reason for withdrawal, but the consumer is not obliged to provide it.
2. The reflection period starts on the day the consumer, or a third party designated by the consumer who is not the carrier, has received the product. If the consumer receives multiple products in one order, the reflection period starts on the day the consumer received the last product.
3. Products manufactured according to the consumer's specifications and not prefabricated (such as custom-made items, personalized printing, or specially assembled products) are excluded from the right of withdrawal, provided the consumer has been clearly informed about this exclusion in advance.
Article 10: Consumer's obligations during the reflection period
1. During the reflection period, the consumer must handle the product and its packaging with care. The consumer may only handle the product as they would in a store. If the consumer goes further than necessary to establish the nature, characteristics, and functioning of the product, the consumer is liable for any depreciation in value.
2. The consumer is not liable for depreciation in value if they were not properly informed by the entrepreneur about the existence of the right of withdrawal prior to the agreement.
Article 11: Exercise of the right of withdrawal by the customer
1. If the consumer exercises the right of withdrawal, they must notify the entrepreneur within the reflection period via the e-mail address mentioned in Article 2. The consumer may use the return form for this purpose but is not legally obliged to do so. If the form is missing, the entrepreneur must provide it free of charge.
2. After notification, the consumer has 14 days to return or hand over the product to (an authorized representative of) the entrepreneur, unless the entrepreneur collects the product themselves.
3. The consumer must return the product – if reasonably possible – in its original condition and packaging, including all accessories. The consumer is not obliged to attach a form to the outside of the packaging; it may be included inside.
4. The consumer bears the costs of the return shipment, unless the entrepreneur has indicated that they will reimburse these costs or arranges the return shipment themselves.
5. If the consumer requests the performance of a service or digital content to begin during the reflection period, and the performance has begun with their express prior consent, the right of withdrawal may (partially) lapse. In case of withdrawal, the consumer owes a proportionate fee for the already performed part.
Article 12: Obligations of the entrepreneur upon withdrawal
1. The entrepreneur confirms receipt of a withdrawal notification as soon as possible, at the latest within a few days.
2. The entrepreneur reimburses all payments received from the consumer, including any delivery costs for the cheapest standard method, within 14 days of dissolution. The entrepreneur may wait to refund until they have received the product or until the consumer demonstrates that they have shipped it.
3. If there is a reduction in value, the entrepreneur may deduct this amount from the refund, provided it is properly motivated.
4. The entrepreneur uses the same payment method for reimbursement as the consumer used to pay, unless the consumer agrees to a different method. No costs will be charged for the reimbursement.
Article 13: Exclusion of the right of withdrawal
1. The entrepreneur may exclude the right of withdrawal for the following products and services, provided this is clearly stated in the offer:
a. Products whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
b. Service contracts performed after complete performance of the service, if the consumer has expressly consented to the commencement of the service and has acknowledged that they lose their right of withdrawal after full performance.
c. Custom-made products as referred to in Article 8.3.
d. Digital content not supplied on a tangible medium, if the consumer has expressly consented to immediate delivery and has acknowledged that they thereby lose their right of withdrawal.
Article 14: Delivery and collection options
1. Products will be delivered to the address provided by the consumer to the entrepreneur, unless the consumer has explicitly provided a different delivery address. The entrepreneur will exercise the greatest possible care when receiving, processing, and dispatching orders. The consumer can report any inaccuracies, damages, or discrepancies using the contact details mentioned in Article 2.
2. The risk of damage or loss of products remains with the entrepreneur until the moment the consumer, or a third party designated by the consumer who is not the carrier, has physically received the products. If the package is delivered to neighbours or a designated safe drop-off point, the entrepreneur is obliged to inform the consumer of this.
3. If delivery of the products cannot take place within 30 days after the conclusion of the agreement (statutory standard term), the entrepreneur will inform the consumer as soon as possible. In that case, the consumer has the right to dissolve the agreement free of charge. After dissolution, the entrepreneur will refund the full amount paid by the consumer within 14 days, in accordance with the provisions of Article 5 and Article 9.
4. Due to the nature, dimensions, or weight of certain products, collection at a collection point or warehouse may not be possible, unless this has been agreed upon in advance and in writing. The entrepreneur will always inform the consumer about the available delivery options.
5. The entrepreneur is not obliged to fulfil their delivery obligations in cases of force majeure, including but not limited to: strikes, fire, government measures, natural disasters, supplier failures, or transport problems. In the event of force majeure, the entrepreneur will inform the consumer as soon as possible. If the force majeure situation lasts longer than 30 days, the consumer has the right to dissolve the agreement free of charge.
Article 15: Deviations
1. The entrepreneur strives to deliver products that fully comply with the agreement and the expected characteristics of the consumer. Minor deviations in colour, size, or finish may occur to a limited extent, provided they do not affect the normal usability of the product and fall within reasonable limits. Such minor deviations do not entitle the consumer to dissolve the agreement or claim compensation.
2. If the deviation in quality, size, colour, or quantity is substantial and the product therefore no longer meets the consumer's reasonable expectations (conformity), the consumer has the right to:
a. (partially) refuse delivery;
b. demand free repair or replacement;
c. dissolve the agreement or demand a proportionate price reduction if repair or replacement is not possible.
3. The entrepreneur will inform the consumer as soon as possible when a deviation is detected before delivery, and will offer a suitable solution. In that case, the consumer always has the right to withdraw from the agreement free of charge and will receive the full amount paid back within 14 days.
4. If the consumer discovers a deviation or defect after delivery, this must be reported within a reasonable period after discovery via the contact details mentioned in Article 2. A report within 14 days of delivery will in any case be considered timely.
Article 16: Long-term transactions
1. Long-term transactions entered into for a fixed period automatically end after the agreed period, unless the consumer explicitly agrees to an extension. Implicit extension for a new fixed period is not permitted, except for agreements with a maximum duration of three months, which are only extended if the consumer can cancel them at any time with a notice period of one month.
2. Long-term transactions entered into for an indefinite period can be cancelled by the consumer at any time with a notice period of up to one month. The entrepreneur may cancel such an agreement with a notice period of two months, unless a shorter notice period is reasonable.
3. If a specific duration or notice period is stated in the agreement, these provisions apply insofar as they do not conflict with mandatory consumer law.
4. The entrepreneur has the right to terminate an agreement prematurely when continuation cannot reasonably be expected from them, for example in the event of persistent non-payment, misuse of the service, or circumstances beyond the entrepreneur's control. The entrepreneur will notify the consumer of this in writing in a timely manner.
5. The entrepreneur may only adjust prices or rates within the term of the long-term transaction after written notification to the consumer, observing a period of at least one month. In the event of a price increase, the consumer has the right to dissolve the agreement free of charge up to a maximum of thirty days after receiving the notification. This right does not apply to price reductions or statutory price adjustments (such as VAT changes).
Article 17: Performance of the Agreement and Warranty
1. The entrepreneur guarantees that the delivered products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable expectations a consumer may have thereof based on the agreement, the product characteristics, and applicable legal provisions. Deviations in color, size, weight, or other properties that are technically unavoidable are only considered acceptable to the extent that they are reasonable and do not impair the normal use of the product.
2. If a product does not comply with the agreement (non-conformity), the consumer is entitled to free repair, replacement, or – if repair or replacement is impossible or unreasonable – to a price reduction or complete dissolution of the agreement, in accordance with legal rules. The entrepreneur bears full responsibility for this.
3. Any additional or commercial warranty offered by the entrepreneur, manufacturer, or importer constitutes an extra benefit for the consumer and does not detract from their statutory rights. The content of a commercial warranty is always clearly provided to the consumer in writing.
4. Any warranty provided by the entrepreneur lapses if the consumer misuses, stores, or handles the product in a manner inconsistent with the nature of the product or with the provided user or maintenance instructions. This limitation applies only to the extent that the incorrect use is actually the cause of the defect.
5. If a manufacturer's warranty applies to a product, the entrepreneur remains the first point of contact for the consumer for warranty claims. The entrepreneur is responsible for proper handling, unless the parties have expressly agreed otherwise in writing and this does not have adverse consequences for the consumer.
Article 18: Complaints Procedure
1. The Consumer can submit complaints to the entrepreneur via the complaints procedure used by the entrepreneur. The entrepreneur requests the Consumer to report complaints as specifically and as quickly as possible after the complaint has been identified.
2. From the moment the complaint is properly received by the entrepreneur, the entrepreneur will respond substantively within seven days. If the entrepreneur is unable to handle the complaint within this period, they will inform the Consumer in writing within the same period about the reason for the delay and provide an indication of the expected handling period.
3. The Consumer always retains the right to take other legal steps, such as submitting the complaint to a competent authority, disputes committee, or court, without being obliged to first fully complete the entrepreneur's complaints procedure.
Article 19: Liability
1. The entrepreneur is liable for damage resulting from non-performance of the agreement, to the extent that this can be attributed to the entrepreneur under the law. In any case, the entrepreneur is liable for defects in the product that lead to non-conformity as referred to in Article 7:17 of the Dutch Civil Code.
2. The entrepreneur's liability for direct damage not related to non-conformity is limited to the amount the Consumer paid for the relevant product or service, excluding VAT. Direct damage exclusively means:
a. reasonable costs to determine the cause and extent of the damage;
b. reasonable costs incurred to limit or prevent further damage;
c. reasonable costs for replacement or repair of the product, insofar as these costs do not already result from statutory warranty or non-conformity.
3. The entrepreneur is not liable for damage resulting from incorrect or careless use of the product by the Consumer, or for damage caused by the Consumer using the product in a manner inconsistent with the instructions or normal purpose of the product.
4. The entrepreneur cannot exclude or limit their liability in case of:
a. intent or conscious recklessness of the entrepreneur or their managers;
b. breach of statutory warranty or non-conformity;
c. damage falling under mandatory product liability (Article 6:185 of the Dutch Civil Code).
5. Advice provided by the entrepreneur regarding product choice, application methods, or use is solely for support purposes. The entrepreneur is not liable for damage arising from following such advice, unless there is an evident error or inaccuracy that leads to damage under normal use.
6. To the extent that damage is not the result of non-conformity, the Consumer must inform the entrepreneur in writing within a reasonable period after the damage has been discovered. This notification period does not limit the Consumer's statutory rights.
Article 20: Additional or deviating provisions
1. Additional provisions or provisions deviating from these general terms and conditions are only valid if they have been agreed upon in writing between the entrepreneur and the Consumer.
2. Deviating provisions that are detrimental to the Consumer are only valid if they have been expressly and individually agreed upon with the Consumer and insofar as they do not conflict with mandatory consumer legislation.
3. In case of contradictions between an individually agreed provision and these general terms and conditions, the individually agreed provision shall prevail, insofar as this does not conflict with mandatory law.
Article 21: Intellectual property rights
1. The content, design, structure and wording of these general terms and conditions, as well as other texts, images and materials drafted or published by the entrepreneur, are protected by intellectual property rights. Without prior written consent from the entrepreneur, third parties are not permitted to copy, reproduce, distribute or use these materials, in whole or in part, for commercial purposes. Violation of this article may lead to civil legal action for copyright infringement or unlawful act.
2. All designs, sketches, calculations, documents, proofs, images and other creations made by the entrepreneur remain the property of the entrepreneur, unless otherwise agreed in writing. The Consumer is not permitted to reproduce, share or use these materials for commercial purposes without the written consent of the entrepreneur.