The general terms and conditions have been compiled by the association of wholesalers and are filed with the Chamber of Commerce in Elst under number: 09161085.

Table of Contents:          

Article 1 - Definitions

Article 2 - Applicability.

Article 3 - Agreement

Article 4 - Prices

Article 5 - Right of withdrawal

Article 6 - Costs in case of withdrawal

Article 7 - Exclusion of the right of withdrawal.

Article 8 - Delivery time 

Article 9 - Delivery and transfer of risk

Article 10 - Delivery

Article 11 - Warranties and complaints

Article 12 - Limitation of liability

Article 13 - Force majeure

Article 14 - Intellectual property

Article 15 - Applicable law and competent court 

Article 1 Definitions

In these general terms and conditions, the following terms are used in the following meanings, unless expressly stated otherwise:

• Seller: DERYAN B.V. and its domain and/or trade names operated by DERYAN B.V. located in Elst (KvK nr. 09161085, doing business at (6662 WD) Marithaime 8, hereinafter referred to as the seller in these general terms and conditions.
• Buyer: The counterparty of the seller is referred to as the buyer (or consumer, if it is a natural person acting outside the scope of a profession or business) in these general terms and conditions.
• Parties: The parties are the seller and the buyer together.
• Agreement: The agreement refers to the purchase agreement between the parties.

Article 2 Applicability

1. These general terms and conditions apply to every offer from DERYAN B.V. and every distance agreement concluded between DERYAN B.V. and the consumer.
   
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer.
   
3. If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically before the distance agreement is concluded in such a way that it can be stored by the consumer on a durable medium in an easily accessible manner.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs are correspondingly applicable, and the consumer may, in case of conflicting terms, always invoke the provision that is most favorable to them.

 
Article 3 Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions. Article 6:232 of the Dutch Civil Code states: “A party is also bound by the general terms and conditions if, at the time of concluding the agreement, the user understood or should have understood that they were not familiar with their content.
   
2. If the consumer has accepted the offer electronically, DERYAN B.V. will promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by DERYAN B.V., the consumer can cancel the agreement.
3. If the agreement is concluded electronically, DERYAN B.V. will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can make electronic payments, DERYAN B.V. will implement appropriate security measures.
4. DERYAN B.V. may, within legal boundaries, investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance agreement. If DERYAN B.V. has valid reasons based on this investigation not to enter into the agreement, it is entitled to reasonably refuse an order or request or to attach special conditions to its execution.

Article 4 Prizes

1. The prices of the offered products will not be increased, except for price changes due to legal changes. Transactions made with DERYAN B.V. will always be conducted under the agreed conditions.
   
2. All previous prices automatically expire at the time of change and no rights can be derived from them. Price increases within three months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
   
3. All prices on the website are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. All prices on the site are in Euros and include 21% VAT. Offers are non-binding unless otherwise stated in the offer. Upon acceptance of a non-binding offer by the buyer, DERYAN B.V. reserves the right to revoke or deviate from the offer within three working days after receipt of that acceptance.
   
4. Verbal commitments bind DERYAN B.V. only after they have been explicitly confirmed in writing. Offers from DERYAN B.V. do not automatically apply to subsequent orders. DERYAN B.V. is not bound by its offer if the buyer should have understood that the offer, or any part of it, contained an obvious mistake or typographical error.

Article 5 Right of withdrawal

1. In the case of a consumer purchase in accordance with Article 7:5 of the Dutch Civil Code (BW), the consumer has the right to dissolve the agreement without giving any reasons within 14 days. This reflection period begins on the day after the consumer receives the product. If the consumer does not return the delivered goods to the seller after this period, the purchase is considered final.
   
2. The consumer is required to notify DERYAN B.V. in writing of their intention to return the goods within 14 days of delivery. The consumer must provide proof that the delivered items have been returned in a timely manner.
   
3. During the cooling-off period, the consumer will handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If the consumer exercises their right of withdrawal, they must return the product, including all supplied accessories, in its original condition and packaging, following the reasonable and clear instructions provided by DERYAN B.V. The cost and risk of returning the delivered goods are entirely the consumer's responsibility.
   
4. The above right of withdrawal does not apply to goods that are manufactured according to consumer specifications, including, for example, custom-made products or those with a clear personal character.
    

Article 6 Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, they will only be responsible for the return shipping costs. If the consumer has made a payment, DERYAN B.V. will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
   

Article 7 Exclusion of withdrawal right

1. DERYAN B.V. may exclude the consumer’s right of withdrawal to the extent provided in sections 2 and 3. The exclusion of the right of withdrawal applies only if DERYAN B.V. has clearly stated this in the offer or at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products: a) Which have been realised by DERYAN B.V. in accordance with the specifications of the consumer;
   b) Which are clearly personal in nature;
   c) Which cannot be returned due to their nature;
   d) Which spoil or age quickly;
   e) Of which the price is subject to fluctuations on the financial market on which DERYAN B.V. has no influence;
   f) For individual newspapers and magazines; For audio and video recordings and computer software of which the consumer has broken the seal.
   
3. The right of withdrawal is only possible for services: a) Related to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or within a specific period;
   b) Where the delivery has started with the express consent of the consumer before the cooling-off period has expired;
   c) Related to betting and lotteries.

Article 8 Delivery time

1. Delivery takes place while stocks last.
   
2. The delivery time is given approximately. DERYAN B.V. is committed to adhering to the stated delivery time as much as possible but is not liable for any consequences of exceeding it, which could not reasonably be prevented. Such an exceedance does not obligate DERYAN B.V. to provide any compensation, nor does it grant the buyer the right to terminate the agreement.
   
3. In the event of exceeding the estimated delivery time referred to in paragraph 1 of this article, DERYAN B.V. will be granted an additional period to make the delivery. This additional period is equal to the original estimated delivery time, with a maximum of one month. If this additional period is exceeded, the buyer has the right to terminate the agreement without providing a reason.
   

Article 9 Completion and transfer of risk

1. Once the purchased item is received by the buyer, the risk shifts from the seller to the buyer.

Article 10 Delivery 

1. DERYAN B.V. will exercise the utmost care in receiving and processing orders for products and in evaluating requests for the provision of services.
   
2. The place of delivery is the address provided by the consumer to DERYAN B.V.
   
3. Subject to the provisions in Article 4 of these general terms and conditions, DERYAN B.V. will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed or if an order cannot be fulfilled or only partially fulfilled, the consumer will be notified no later than 30 days after placing the order.
   
4. In that case, the consumer has the right to dissolve the agreement free of charge.

Article 11 Warranties and complaints

1. DERYAN B.V. provides a warranty for the products delivered, starting from the day of invoicing to the buyer, covering defects attributable to the seller that arise under normal use, based on the following depreciation procedure: – within 1 year from the invoice date: the costs of repair or replacement, including shipping within the Netherlands, will be fully covered by DERYAN B.V.
2. The buyer is required to immediately inspect the delivered goods upon receipt. If it appears that the delivered goods are incorrect, defective, or incomplete, the buyer must (before proceeding with the return to DERYAN B.V.) immediately notify DERYAN B.V. of these defects in writing.
3. Any defects or incorrectly delivered goods must be reported to DERYAN B.V. in writing no later than 2 months after delivery. Returns must be made in the original packaging (including accessories and accompanying documentation) and in new condition. Use of the goods after identifying defects, damage occurring after identifying defects, encumbrance, and/or resale after identifying defects will completely void the right to claim and return.
4. If complaints from the purchaser are found to be justified by DERYAN B.V., DERYAN B.V. will, at its discretion, either replace the delivered goods free of charge or reach a written agreement with the purchaser regarding compensation, provided that the liability of DERYAN B.V. and thus the amount of compensation is always limited to the invoice amount of the relevant goods, or (at the discretion of DERYAN B.V.) to the maximum amount covered by DERYAN B.V.’s liability insurance in the particular case. Any liability of DERYAN B.V. for any other form of damage is excluded, including but not limited to additional compensation in any form, compensation for indirect or consequential damage, or damage due to loss of profit.
5. DERYAN B.V. is not liable for damage caused by the incorrect assembly of the product by the purchaser or by a third party.
6. This warranty does not apply if:
   a) The purchaser is in default with DERYAN B.V.;
   b) The purchaser has repaired and/or modified the delivered goods themselves or has had them repaired/modified by third parties;
   c) The delivered goods have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the instructions from DERYAN B.V. and/or the user manual on the packaging;
   d) The defect is wholly or partly due to regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

 Article 12 Limitation of liability

1. To the extent permitted by law, DERYAN B.V.'s liability for damage caused by defects in the delivered goods is limited to the net invoice amount of the delivered goods, unless the consequences of this limitation are demonstrably unreasonable for the purchaser.
   
2. The seller is never liable for indirect damage, including damage to third parties.
    

Article 13 Force Majeure

1. If the seller is unable, fails to timely, or does not properly fulfill their obligations under the agreement due to force majeure, they are not liable for any damages suffered by the buyer.
   
2. Force majeure is understood by the parties to include circumstances that the seller could not have anticipated at the time of entering into the agreement, and as a result of which the normal performance of the agreement cannot reasonably be demanded by the buyer. Examples include illness, war or threat of war, civil war, unrest, molest, sabotage, terrorism, energy disruptions, floods, earthquakes, fires, business closures, strikes, lockouts, changes in government regulations, transportation difficulties, and other disruptions in the seller's business.
    
3. Furthermore, the parties understand force majeure to include the circumstance where suppliers on whom the seller depends for the performance of the agreement fail to meet their contractual obligations to the seller, unless this is attributable to the seller.
4. If a situation occurs as described above, as a result of which the seller cannot meet his obligations towards the buyer, then those obligations are suspended as long as the seller is unable to fulfill them. If the situation referred to in the previous sentence lasts for 30 calendar days, the parties have the right to terminate the agreement in whole or in part, in writing.
5. If the force majeure lasts longer than three months, the buyer has the right to terminate the agreement with immediate effect. Termination can only be done via registered mail.

Article 14 Intellectual property

1. DERYAN B.V. retains intellectual property rights (including copyrights, patent rights, trademark rights, design and model rights) on all products, designs, drawings, writings, data carriers, or other information, offers, images, sketches, models, mock-ups, unless parties have agreed otherwise in writing.
   
2. The customer may not copy, show to third parties, make available, or otherwise use the mentioned intellectual property rights without prior written consent from DERYAN B.V.
   

Article 15 Applicable law and competent court

1. Dutch law exclusively applies to all offers, agreements, and their execution.
   
2. All disputes that exceed the jurisdiction of the sub-district court will be settled by the court in the district where DERYAN B.V. is located.