Terms and Conditions

The general terms and conditions page contains important information about the rules and agreements that apply when using a service or product. Here you will usually find details on the following topics:

Article 1 - Definitions

In these general terms and conditions, the following terms are defined as follows, unless explicitly stated otherwise: Offer refers to any written proposal to the Buyer for the supply of Products by the Seller, to which these terms and conditions are inextricably linked. Company refers to the natural person or legal entity acting in the exercise of a profession or business. Consumer is the natural person who does not act in the exercise of a profession or business. Buyer is the Company or Consumer who enters into a (distance) agreement with the Seller. Agreement refers to the (distance) purchase agreement that relates to the sale and delivery of Products purchased by the Buyer from Remmers Studio. Products are the items offered by Remmers Studio, including electric submersible pumps, pump installations and accessories. The Seller is the provider of the Products to the Buyer, hereinafter referred to as: Remmers Studio.

Article 2 - Applicability

These general terms and conditions apply to every Offer from Remmers Studio, every Agreement between Remmers Studio and a Buyer, and every Product offered by Remmers Studio. Before a (distance) Agreement is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, Remmers Studio will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case are published on the Remmers Studio website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.

In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly agreed in writing with Remmers Studio. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchasing conditions of the Buyer are expressly rejected.

If one or more provisions of these general terms and conditions are partially or completely void or are voided, the other provisions of these general terms and conditions will remain in effect and the void or voided provision(s) will be replaced by a provision with the same scope as the original provision. . Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions. If these general terms and conditions refer to she/her, this should also be construed as a reference to he/him/his, if and to the extent applicable.

Article 3 - The offer

All offers made by Remmers Studio are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer. An Offer only exists if it has been recorded in writing. The Offer made by Remmers Studio is without obligation. Remmers Studio is only bound to the Offer if acceptance thereof is confirmed in writing by the Buyer within 30 days, or if the Buyer has already paid the amount due. Nevertheless, Remmers Studio has the right to refuse an Agreement with a potential Buyer for a reason justified by Remmers Studio.

The Offer contains an accurate description of the Product offered with associated prices. The description is sufficiently detailed so that the Buyer is able to make a good assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Remmers Studio. Any images and specific data in the Offer are only an indication and cannot be grounds for any compensation or termination of the Agreement (remotely). Remmers Studio cannot guarantee that the colors in the image exactly match the real colors of the Product.

Delivery times and terms stated in the Remmers Studio Offer are indicative and do not entitle the Buyer to termination or compensation if they are exceeded, unless expressly agreed otherwise. A composite quotation does not oblige Remmers Studio to deliver part of the items included in the offer or the Offer at part of the stated price. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last and according to the last-is-last principle.

Article 4 - Conclusion of the Agreement

The Agreement is concluded when the Buyer accepts an Offer from Remmers Studio by placing an order or paying for the Product in question. For Agreements concluded outside the website, the Agreement is deemed to have been concluded when the Buyer has returned a signed copy (in scanned or original form) to Remmers Studio, or has given explicit and unambiguous approval to the Offer by e-mail .

An Offer can be made by Remmers Studio via the website, by telephone, by e-mail or verbally. Once the Buyer has accepted the Offer by concluding an Agreement, Remmers Studio will confirm the Agreement in writing or by e-mail. If the acceptance by the Buyer deviates from the Offer on minor points, Remmers Studio is not bound by these deviations. Remmers Studio is also not obliged to comply with an Offer if the Buyer could reasonably have expected or should have understood that the Offer contained an obvious mistake or error. The Buyer cannot derive any rights from such mistakes or errors.

The right of withdrawal is excluded for the Buyer being a Company. The buyer being a Consumer has the right to exercise the right of withdrawal within the statutory period. If the Buyer exercises the right of withdrawal, he must handle the Product and its packaging with care. The Product may only be unpacked to determine its nature, characteristics and operation, but may not be opened or used. In the event of withdrawal, the Buyer must return the Product, with all associated accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. The direct costs for returning the Product are borne by the Buyer.

Article 5 - Execution of the Agreement

Remmers Studio will execute the Agreement to the best of its knowledge and ability. If and to the extent that this is required for the proper execution of the Agreement, Remmers Studio has the right to have certain work carried out by third parties at its own discretion. The Buyer ensures that all information that Remmers Studio indicates is necessary or that the Buyer should reasonably understand is necessary for the execution of the Agreement, is provided to Remmers Studio in a timely manner. If the information required for the execution of the Agreement has not been provided to Remmers Studio in a timely manner, Remmers Studio has the right to suspend the execution of the Agreement.

In the execution of the Agreement, Remmers Studio is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for Remmers Studio, the Buyer is obliged to reimburse the additional or additional costs accordingly. Before proceeding with the execution of the Agreement, Remmers Studio may require security from the Buyer or full advance payment. Remmers Studio is not liable for damage of any nature whatsoever caused by Remmers Studio based on incorrect and/or incomplete information provided by the Buyer, unless Remmers Studio was aware of this incorrectness or incompleteness. The Buyer indemnifies Remmers Studio against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.

Remmers Studio can, if instructed to do so, provide Buyer with advice regarding the Product. The content hereof is not binding and only advisory in nature, but Remmers Studio will observe its duties of care. The buyer decides himself and on his own responsibility whether to follow the advice. The nature of the service means that the result is always dependent on external factors that can influence the reports and advice of Remmers Studio, such as the quality, accuracy and timely delivery of required information and data from the Buyer. The buyer is responsible for the quality and the timely and correct delivery of the required data and information. The Buyer will notify Remmers Studio in writing prior to the start of the assignment of all circumstances that are or may be important, including any points and priorities for which the Buyer wishes attention.

Article 6 - Delivery

If the start, progress or delivery of the Agreement is delayed due to circumstances such as failure to provide timely information by the Buyer, insufficient cooperation, or late payment to Remmers Studio, or due to other external circumstances, Remmers Studio is entitled to a reasonable extension of the delivery period. All agreed delivery times are not strict deadlines. The Buyer must give Remmers Studio written notice of default and give a reasonable period in which to deliver. The Buyer is not entitled to compensation due to the delay.

The Buyer is obliged to purchase the products at the time they are made available in accordance with the Agreement, even if delivery takes place earlier or later than agreed. If the Buyer refuses to take delivery or fails to provide necessary information or instructions, Remmers Studio may store the products at the Buyer's expense and risk. If Remmers Studio or an external carrier delivers the products, delivery costs may be charged to the Buyer, unless otherwise agreed in writing.

The delivery time will only start after the Buyer has provided Remmers Studio with all necessary information for the execution of the Agreement. Delivery times stated by Remmers Studio are indicative. Longer terms may apply to deliveries outside the Netherlands. Remmers Studio reserves the right to deliver the products in parts and to invoice them separately, unless otherwise agreed. Deliveries will only take place if all invoices have been paid; If there is a well-founded fear of non-payment, delivery may be refused.

Article 7 - Packaging and transport

Remmers Studio undertakes to carefully package and secure the items to be delivered, so that they reach their destination in good condition under normal use. Unless otherwise agreed in writing, all deliveries are made including sales tax (VAT), packaging and packaging materials. Signing the bill of lading or receipt without comments is considered proof that the packaging was in good condition at the time of delivery.

Article 8 - Investigation and Complaints

The Buyer is obliged to examine the delivered product at the time of delivery, and in any case within 14 days of receipt. This examination may be limited to unpacking the product to the extent necessary to assess whether the product is preserved. The Buyer must check whether the quality and quantity of the delivered goods correspond with the Agreement and whether the products meet the usual requirements in normal trade. A shorter period of 3 days applies to companies. After reporting any defects, the Buyer has another 14 days to actually return the goods.

The Buyer is responsible for researching and informing about the correct use of the product. Remmers Studio accepts no liability for incorrect use of the product by the Buyer. Visible defects or shortages must be reported in writing to Remmers Studio within 14 days of delivery. Hidden defects or shortcomings must be reported within 14 days of discovery, but no later than 6 months after delivery. If the product is damaged due to careless use by the Buyer, the Buyer is liable for any depreciation.

If a business Buyer complains in a timely manner, the Buyer remains obliged to pay for the purchased goods. Returning defective items is only possible with the prior written permission of Remmers Studio and in accordance with the procedure indicated by Remmers Studio. Consumers who exercise their right of withdrawal must return the product and all accessories, as far as possible, in the original condition and packaging according to Remmers Studio's return instructions. The return costs are in principle borne by the consumer, unless there is a manufacturing error. In the event of a manufacturing defect, the consumer will first cover the return costs, but these will be reimbursed later after assessment by the seller. After installation and/or commissioning, the product can no longer be returned. Remmers Studio reserves the right to examine returned products for authenticity and condition before issuing a refund, and to charge for any depreciation.

Refunds will be processed as soon as possible, but may take up to 14 days after receipt of the return and will be made to the previously specified account number. When exercising the right of complaint, the Buyer has no right to suspend the payment obligation or to settle outstanding invoices. If a delivery is incomplete or products are missing due to Remmers Studio, Remmers Studio will, after a request from the Buyer, send the missing product or cancel the remaining order. The confirmation of receipt of the products is leading, and any damage due to deviating delivery cannot be recovered from Remmers Studio.

Article 9 - Prices

During the validity period of the Offer, the prices of the Products offered will not be increased, unless there are changes in VAT rates. The prices stated in the Offer include VAT, unless expressly stated otherwise. The prices stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement. These cost factors include import and export duties, freight and unloading costs, insurance, and any levies and taxes. If the prices of Products or raw materials are subject to price fluctuations on the financial market, over which Remmers Studio has no influence, Remmers Studio may offer these Products at variable prices. In such cases, the Offer indicates that prices are target prices and may fluctuate.

Article 10 - Payment and Collection Policy

Payment must be made in the currency in which the invoice was issued, in advance or afterwards via the method indicated by Remmers Studio. The Buyer cannot derive any rights or expectations from a budget provided in advance, unless otherwise agreed in writing by both parties. Payment must be made in one go to the account number provided by Remmers Studio and according to the information provided. A different payment term can only be agreed upon after explicit written permission from Remmers Studio.

If a periodic payment obligation has been agreed, Remmers Studio reserves the right to adjust the applicable prices and rates in writing, taking into account a period of 3 months. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, Remmers Studio's claims on the Buyer become immediately due and payable. Remmers Studio has the right to first offset payments from the Buyer against costs, then against accrued interest, and then against the principal sum and accrued interest. If the Buyer proposes a different order of allocation, Remmers Studio may refuse the payment offer without being in default.

If the Buyer does not meet his payment obligations and does not pay within the specified period of 14 days, the Buyer, being a Company, is in default. If the Buyer is a Consumer, he will first receive a written reminder with a payment term of 14 days after the date of the reminder, before the Buyer is in default. From the date that the Buyer is in default, Remmers Studio will claim statutory (commercial) interest from the first day of default until full payment, and reimbursement of extrajudicial collection costs in accordance with Article 6:96 of the Dutch Civil Code according to the graduated scale from the decision on compensation for extrajudicial collection costs. collection costs from July 1, 2012. If Remmers Studio has incurred more or higher costs that are reasonably necessary, these costs will be reimbursed by the Buyer, as well as legal and enforcement costs.

Article 11 - Retention of title

All goods delivered by Remmers Studio remain the property of Remmers Studio until the Buyer has fully complied with all obligations under the Agreements. The Buyer may not pledge or otherwise encumber the goods delivered under retention of title until ownership has been fully transferred. If third parties seize these items or wish to establish rights to them, the Buyer must immediately inform Remmers Studio of this. The Buyer grants Remmers Studio unconditional permission in advance to enter places where the property is located and to take it back if necessary. Remmers Studio may retain the purchased Products if the Buyer does not fully meet his payment obligations, even if there is an obligation to transfer or surrender. After full payment, Remmers Studio will deliver the Products to the Buyer as quickly as possible, but no later than within 20 working days. All costs and damage resulting from the retention of the Products are at the expense and risk of the Buyer and must be reimbursed to Remmers Studio upon first request.

Article 12 - Warranty

Remmers Studio guarantees that the Products comply with the Agreement, the specifications stated in the offer, and the legal rules and regulations in force at the time of the conclusion of the Agreement. This warranty also applies if the Products are intended for use abroad, provided that the Buyer has reported this use in writing when entering into the Agreement. For Products with manufacturer's warranty, only the warranty provisions of the supplier apply, with a standard warranty period of 1 year after the date of the agreement.

The warranty lapses if the Buyer has repaired or modified the delivered Products himself, or has had them repaired or modified by third parties. The warranty also does not apply if the Products have been exposed to abnormal conditions, are treated carelessly, or if the treatment is contrary to the instructions of Remmers Studio or the packaging. Furthermore, the warranty lapses if the defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used. In addition, the warranty does not apply if a medium has been pumped by the Buyer with a pump that is not suitable for the Product.

Article 13 - Suspension and Dissolution

Remmers Studio is entitled to suspend the performance of its obligations or to terminate the Agreement if the Buyer does not fully comply with its payment or other obligations. Remmers Studio can also terminate the Agreement without judicial intervention if the Buyer does not fulfill his obligations on time or properly. This also applies if circumstances arise that make compliance with the Agreement impossible or can no longer reasonably be expected of the Buyer. In the event of dissolution, all claims of Remmers Studio on the Buyer become immediately due and payable. In the event of suspension of obligations, Remmers Studio retains its claims based on the law and the Agreement, and it retains the right at all times to claim damages.

Article 14 - Limitation of Liability

If Remmers Studio is held liable for damage resulting from the performance of the Agreement, this liability is limited to the costs invoiced by Remmers Studio in connection with the Agreement, unless the damage is caused by intent or gross negligence. Remmers Studio's liability is further limited to the maximum amount paid out by the insurance company per event per year. Consequential damage, indirect damage, loss of profit, lost savings and damage due to the use of the delivered Products are excluded from liability. A restriction applies to Consumers in accordance with Article 7:24 paragraph 2 of the Dutch Civil Code.

Remmers Studio is not liable for damage caused by the use of the Product, provided that the Buyer follows the strict maintenance and usage instructions. Damage due to use such as wear and tear, fall damage, light and water damage, theft or loss is excluded from liability. Remmers Studio is not responsible for damage caused by (incomplete or incorrect) information on the website(s) or linked websites, nor for errors in the functionality of the website, disruptions, or unavailability of the website. Remmers Studio also does not guarantee the correct and timely transmission or receipt of e-mail.

Advice from Remmers Studio, based on incomplete or incorrect information provided by the Buyer, does not constitute grounds for liability. These advices are suggestions only and it is the Buyer's sole responsibility to decide whether to follow them. All consequences of following advice will be borne by the Buyer. If the Buyer engages a third party, Remmers Studio is not liable for the actions and advice of this third party or for the integration of this advice into the advice of Remmers Studio. Claims due to shortcomings of Remmers Studio lapse if they are not submitted in writing and with reasons within one year after becoming aware of the facts on which the claim is based, and in any case one year after termination of the Agreement.

Article 15 - Force majeure

Remmers Studio is not liable for failure to fulfill its obligations under the Agreement if this is the result of force majeure. Force majeure includes situations in which Remmers Studio is prevented from fulfilling its obligations due to circumstances that are not its fault and that are not its responsibility under the law, legal act or generally accepted views. This includes, but is not limited to, force majeure of suppliers, shortcomings of suppliers prescribed or recommended by the Buyer, defective goods or equipment from third parties, government measures, electricity disruptions, disruptions to internet and telecommunications facilities (such as due to cybercrime and hacking), natural disasters, war, terrorist attacks, general transport problems, strikes within Remmers Studio, and other circumstances that are beyond the control of Remmers Studio and that prevent the performance of its obligations.

Remmers Studio can also invoke force majeure if the obstacle to performance occurs after it should have fulfilled its obligations. During the period of force majeure, both parties may suspend their obligations under the Agreement. If this period lasts longer than two months, each party has the right to terminate the Agreement without compensation to the other party. If Remmers Studio has partially fulfilled its obligations during the force majeure or will be able to fulfill them and this partial fulfillment has an independent value, Remmers Studio is entitled to invoice the fulfilled part separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 16 - Risk Transfer

The risk of loss or damage to the Products passes to the Buyer when the Products leave the Remmers Studio warehouse. For the Buyer, being a company, this risk passes upon departure from the warehouse. For the Buyer being a Consumer, the risk passes when the Products are placed in the Buyer's control, which takes place as soon as the Products have been delivered to the Buyer's delivery address.

Article 17 - Confidentiality

Remmers Studio and the Buyer are obliged to keep secret all confidential information obtained in the context of the Agreement. This obligation applies to information that can reasonably be expected to be confidential, as well as to information that is designated as such. The obligation of confidentiality does not apply to information that is already public or generally known, is not confidential, or that was not provided to Remmers Studio during the Agreement or otherwise obtained by Remmers Studio.

Article 18 - Intellectual Property Rights

All intellectual property rights and copyrights relating to the Products and services supplied by Remmers Studio remain exclusively with Remmers Studio. The buyer is not entitled to reveal, multiply, change or make these rights available to third parties without the express written permission of Remmers Studio. Changes to items delivered by Remmers Studio may only be made after explicit approval from Remmers Studio. Buyer may only use the Products as agreed in the Agreement and not otherwise.

Article 19 - Privacy, Data Processing and Security

Remmers Studio treats (personal) data of the Buyer and website visitors with the necessary care and in accordance with the applicable privacy legislation. If requested, Remmers Studio will inform the data subject about the processing of this data. If Remmers Studio is responsible for the security of information on the basis of the Agreement, this security will meet the agreed specifications and provide a level that is not unreasonable, given the technical state of the art, the sensitivity of the data and the associated costs. .

Article 20 - Complaints

The Buyer must report complaints about the Products or the performance of the Agreement as soon as possible, but no later than 14 calendar days after the complaint arose, via our contact page. The complaint must be sufficiently substantiated and explained to be processed by Remmers Studio. Remmers Studio will respond substantively within 14 calendar days of receipt of the complaint. Both parties will try to find a solution together.

Article 21 - Applicable Law

Dutch law applies to all Agreements between Remmers Studio and the Buyer, with the exclusion of the Vienna Sales Convention (CISG). The Dutch text is decisive when explaining the general terms and conditions. Remmers Studio reserves the right to unilaterally change these general terms and conditions. All disputes arising from or related to the Agreement will be settled by the competent court of Rotterdam, unless mandatory legislation declares another court competent.