Article 1 - Definitions

In these terms and conditions, the following terms are understood to mean:

  1. Cooling-off period: the period within which the customer can exercise their right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Continuous transaction: a distance contract concerning a series of products and/or services, whereby the delivery and/or acceptance obligation is spread over time;
  5. Durable data carrier: any means that enables the customer or entrepreneur to store information addressed to them personally in a manner that allows future consultation and unchanged reproduction of the stored information;
  6. Right of withdrawal: the customer's ability to cancel the distance contract within the cooling-off period;
  7. Entrepreneur: the natural or legal person who offers products and/or services to customers at a distance;
  8. Distance contract: a contract whereby, within the framework of an organized system for distance selling of products and/or services set up by the entrepreneur, exclusively one or more techniques for distance communication are used up to and including the conclusion of the contract;
  9. Technique for distance communication: a means that can be used to conclude a contract without the customer and entrepreneur being present in the same location at the same time.

Article 2 - Identity of the Entrepreneur

These general terms and conditions apply to the following enterprise, which operates under the name Uit Holland B.V.

Uit Holland B.V.
Zwaalweg 18
2991 ZC Barendrecht

Telephone: 0180 - 41 55 667
Email: info@uitholland.eu

VAT number: NL8502.53.937.B01
Chamber of Commerce number: 51990849

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every sales agreement concluded between the entrepreneur and the customer.
  2. Before the contract is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, it will be indicated before the contract is concluded that the general terms and conditions can be inspected at the entrepreneur and will be sent to the customer free of charge upon request as soon as possible.
  3. If the contract is concluded electronically, the text of these general terms and conditions may be made available to the customer by electronic means in such a way that the customer can easily save it on a durable data carrier, notwithstanding the previous paragraph and before the contract is concluded. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the customer free of charge by electronic means or otherwise upon request.

Article 4 - The Offer

  1. If an offer has a limited validity period or is made subject to conditions, this will be stated in the offer.
  2. The offer contains a description of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
  3. Every offer contains such information that it is clear to the customer what rights and obligations are connected to the acceptance of the offer. This includes in particular:
    1. The price including taxes;
    2. Any delivery costs;
    3. The manner in which the contract will be concluded and what actions are required for this;
    4. The method of cancellation, payment, delivery and performance of the contract.

Article 5 - The Contract

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the customer.
  2. If the customer has accepted the offer by electronic means, the entrepreneur confirms receipt of the acceptance of the offer by electronic means.
  3. If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the customer can pay electronically, the entrepreneur will implement appropriate security measures for this purpose.
  4. The entrepreneur may - within legal limits - inform itself whether the customer can meet their payment obligations and of all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the contract, the entrepreneur is entitled to refuse an order or request on reasonable grounds or to attach special conditions to its performance.

Article 6 - Right of Withdrawal

  1. When purchasing products at a distance, the consumer has the option to terminate the agreement without providing reasons within 7 days. This cooling-off period commences on the day following receipt or delivery of the product.
  2. After the applicable period (in accordance with Article 6.1), it is no longer possible to return the purchase or terminate the agreement, unless otherwise agreed with the entrepreneur.
  3. If the purchase is returned after the applicable period (in accordance with Article 6.1) without the entrepreneur's consent, the return will not be accepted.
  4. During the cooling-off period, the consumer shall handle the product and packaging with care.
  5. The consumer may only exercise the right of withdrawal if the consumer returns the product with all supplied accessories in original and undamaged condition and in original and undamaged packaging to the entrepreneur. The consumer must comply with the reasonable and clear instructions provided by the entrepreneur.
  6. The right of withdrawal is not available for business customers (B2B).

Article 7 - Costs Upon Withdrawal

  1. If the consumer exercises the right of withdrawal, the costs and risk of return shipping shall be borne by the consumer.
  2. If costs have been incurred for the relevant order, the customer must reimburse these costs to Uit Holland B.V. This also applies to orders that have not yet been delivered to the customer.
  3. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days following the return or withdrawal, provided that the requirements set out in Article 6 have been met.

Article 8 - Exclusion of Right of Withdrawal

  1. The entrepreneur may exclude the customer's right of withdrawal to the extent provided in paragraph 2.
  2. The customer may in no case exercise the right of withdrawal if products or any of the supplied accessories:
    1. Have been manufactured according to the customer's personal specifications (custom-made and other modifications);
    2. Have been specially ordered for the customer (size, colour and additional options);
    3. Have a personal character;
    4. Are of a personal nature;
    5. Cannot be returned by their nature;
    6. Are no longer in original packaging;
    7. Are returned with damaged original packaging;
    8. Are no longer complete;
    9. Have been (partially) damaged during the inspection period;
    10. Have been (partially) used.

Article 9 - Price

  1. During the validity period specified in the offer, the prices of the offered products and/or services shall not be increased, subject to price changes resulting from changes in VAT rates.
  2. Price increases within 3 months following the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
  3. Price increases from 3 months following the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and they result from statutory regulations or provisions.
  4. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 10 - Warranty

For goods sold and delivered with manufacturer, importer or wholesale warranty, only the warranty provisions set by these suppliers shall apply. Aluminium has a maximum deflection tolerance of 12mm. Deflections within this tolerance are not covered by any warranty provisions. Assemblies are offered a warranty period of 1 year for roof leaks and defects.

Article 11 - Delivery and Execution

  1. The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The delivery address shall be the address communicated by the customer to the business.
  3. If delivery of an ordered product proves to be impossible, the entrepreneur shall make a proposal prior to delivery to provide or deliver a replacement item.
  4. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a pre-designated representative known to the entrepreneur.
  5. Products will only be delivered if the address is located on a paved road and is accessible for freight traffic. The product will be delivered next to the truck on a level and paved surface.
  6. Products may be subject to modifications as a result of continuously changing machinery and changes in the production environment. Any deviations from presented visual material are therefore possible.
  7. Delivery is not free and always incurs additional costs. The amount is determined on the basis of the distance and the country to which the product must be delivered. You can request these rates from the head office.

Article 12 - Assembly Conditions

When the entrepreneur performs the assembly, the following matters must be observed or complied with by the customer:

  1. The site must be easily accessible and free of obstacles;
  2. The surface must be entirely paved and must be level and plumb;
  3. Where foundations are to be placed in the ground, the ground must be completely cleared of paving, rubble, foundations and the like;
  4. The entrepreneur is not liable for damage caused to cables and/or pipes in the ground;
  5. Paving of removed paving for foundation blocks, tubes (pedestals) is at the customer's own expense;
  6. Connection and materials to sewerage is at the customer's own expense;
  7. The entrepreneur is not liable for structural defects in the customer's home or buildings;
  8. The customer is responsible for obtaining the necessary permits. Any consequences and/or liability arising from not having the correct permits shall never be the responsibility of the entrepreneur, but always the responsibility of the customer;
  9. Additional work that proves necessary will be charged to the customer.

Article 13 - Payment

  1. Unless otherwise agreed, amounts owed by the customer must be paid upon delivery by debit card or in cash to the driver. Bank cheques are not accepted.
  2. In the sale of products to consumers, a maximum advance payment of 50% may be required. When advance payment is required, the consumer cannot exercise any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
  3. The customer has the obligation to immediately notify the entrepreneur of any inaccuracies in provided or stated payment information.
  4. In case of non-payment by the customer, the entrepreneur has the right, except for statutory limitations, to charge the reasonable costs previously communicated to the customer.
  5. Products remain the property of Uit Holland until the full invoice amount has been paid.

Article 14 - Cancellation

  1. Cancellation is not possible for products that have been specially ordered or manufactured for the customer (size, colour, extra options) or have been manufactured according to the customer's personal specifications (custom-made).
  2. Upon cancellation of standard products, 30% of the selling price will be charged to the customer.

Article 15 - Complaints Procedure

  1. The entrepreneur has a complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the customer has identified the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the customer can expect a more detailed response.

Article 16 - Liability

The entrepreneur is not liable for any costs, damages and interest that may arise as a direct or indirect result of:

  1. Acts or omissions of the customer, his subordinates, or any other persons employed by or on behalf of him;
  2. Omissions by the customer in the maintenance of delivered goods;
  3. Consequences of natural subsidence and settlement of the ground;
  4. Normal wear and tear of delivered goods resulting from daily use. The entrepreneur is furthermore not liable in any way for any form of consequential damage, unless this is intentional;
  5. Storm damage;
  6. Self-made modifications.

Article 17 - Disputes

Agreements between the entrepreneur and the customer to which these general terms and conditions apply shall be governed exclusively by Dutch law.

Article 18 - Force Majeure

  1. Without prejudice to any other rights available to the entrepreneur, in case of force majeure the entrepreneur has the right to, at its own discretion, suspend the execution of the order by the customer, or to terminate the agreement without court intervention, by notifying the customer of this in writing, and without the entrepreneur being obliged to pay any compensation, unless this would be unacceptable under the circumstances according to standards of reasonableness and fairness.
  2. Force majeure is understood to mean any failure which cannot be attributed to the entrepreneur, because it is not due to its fault and is neither at its expense under the law, legal act or prevailing practices in commerce.
  3. If the entrepreneur has already partially performed its obligations under the agreement at the time force majeure occurs, or will be able to perform these, and the performed or to be performed part has independent value, the entrepreneur is entitled to invoice the already performed or to be performed part separately. The customer is obliged to pay this invoice as if it were a separate agreement.

Article 19 - Disclaimer

The information in these general terms and conditions is purely indicative and subject to change. The entrepreneur reserves the right at all times to deviate from the described conditions if circumstances warrant this.