General Terms and Conditions
Below you will find our General Terms and Conditions. These always apply when you use or place an order through our Website and contain important information for you as a buyer. Therefore, please read the General Terms and Conditions carefully. We further recommend that you save or print these terms and conditions so that you can read them back at a later time.
Goodway Benelux BV is the largest representative & distributor of Goodway® products in the world. For 30 years.
1 Goodway Benelux BV: established in Werkendam and registered with the Chamber of Commerce under registration number KvK 73272280, trading under the name Goodway Benelux BV.
2 Website: the Goodway Benelux website, to be consulted via goodwaybenelux.nl and all associated subdomains.
3 Customer: the natural or legal person acting in the course of a profession or business who enters into an Agreement with Goodway Benelux and/or has registered on the Website.
4 Agreement: any agreement or understanding between Goodway Benelux and Customer, of which the General Terms and Conditions form an integral part.
5 General Terms and Conditions: the present General Terms and Conditions.
Applicability of General Terms and Conditions
1 All offers, agreements and deliveries of Goodway Benelux are subject to the General Terms and Conditions, unless expressly agreed otherwise in writing.
2 In the event that the Customer, in its order, confirmation or notice of acceptance, includes provisions or conditions that deviate from, or do not appear in, the General Terms and Conditions, these will only be binding for Goodway Benelux if and insofar as they have been expressly accepted by Goodway Benelux in writing.
3 In the event that, in addition to these General Terms and Conditions, specific product or service conditions also apply, those conditions shall also apply, but the Customer may always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.
Prices and information
1 All prices stated on the Website and in other materials originating from Goodway Benelux are exclusive of VAT and, unless stated otherwise on the Website, other government levies.
2 If shipping costs are charged, this will be clearly stated in good time before the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3 The content of the Website has been compiled with the greatest care. However, Goodway Benelux cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Goodway Benelux are therefore subject to obvious programming and typing errors.
4 Goodway Benelux cannot be held responsible for (colour) deviations due to screen quality.
Formation of Agreement
1 The Agreement is concluded when the Customer accepts Goodway Benelux's offer and meets the conditions set by Goodway Benelux.
2 If the Customer has accepted the offer electronically, Goodway Benelux shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the possibility to dissolve the Agreement.
3 If it appears that incorrect information was provided by the Customer when accepting or otherwise entering into the Agreement, Goodway Benelux is entitled to fulfil its obligation only after the correct information has been received.
4 Goodway Benelux may, within the limits of the law, inform itself as to whether the Customer is able to meet its payment obligations, as well as all facts and factors relevant to the responsible conclusion of the Agreement. If Goodway Benelux has good grounds not to enter into the Agreement as a result of this investigation, it is entitled to refuse an order or request or to attach special conditions to the execution, such as prepayment.
5 Goodway Benelux has the right to refuse orders from customers who are not acting in the course of their profession and business.
1 In order to make optimal use of the Website, the Customer can register via the registration form/account registration option on the Website.
2 During the registration procedure, the Customer chooses a user name and password with which he can log on to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
3 Customer must keep his login details his username and password strictly confidential. Goodway Benelux is not liable for misuse of the login details and may always assume that a Customer who logs on to the Website is actually that Customer. Everything that happens via the Customer's account is the responsibility and risk of the Customer.
4 If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and/or notify Goodway Benelux so that Goodway Benelux can take appropriate measures.
Execution of Agreement
1 As soon as the order has been received by Goodway Benelux, Goodway Benelux will send the products as soon as possible in accordance with the provisions of paragraph 3 of this article.
2 Goodway Benelux is entitled to engage third parties to perform the obligations arising from the Agreement.
3 The Website clearly describes, in good time before the conclusion of the Agreement, the way in which delivery will take place and the period within which the products will be delivered. If no delivery date has been agreed or stated, products will in any case be delivered within 30 days.
4 If Goodway Benelux is unable to deliver the products within the agreed period, it will inform the Customer. In that case, the Customer may agree to a new delivery date or he will be given the opportunity to dissolve the Agreement free of charge.
5 Goodway Benelux advises the Customer to inspect the delivered products and to report any defects within a reasonable period of time, preferably in writing. See further the Article on warranty and conformity.
6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to Customer. If expressly agreed otherwise, the risk is transferred to the Customer at an earlier stage. If the Customer decides to collect the products, the risk is transferred upon transfer of the products.
7 Goodway Benelux is entitled to supply a similar product of similar quality as the product ordered, if the product ordered is no longer available. The Customer is then entitled to dissolve the Agreement free of charge and to return the product free of charge.
1 Customer must make payments to Goodway Benelux in accordance with the payment methods indicated in the order procedure and possibly on the Website. Goodway Benelux is free in its choice of payment methods and these may change from time to time. In case of payment after delivery, Customer has a payment term of 14 days starting on the day after delivery.
2 If the Customer fails to meet its payment obligation(s) on time, it will owe statutory interest on the outstanding amount(s) after being notified of the late payment by Goodway Benelux and after Goodway Benelux has granted the Customer a period of 14 days to still meet its payment obligations, after failure to pay within this 14-day period, and Goodway Benelux will be entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. Goodway Benelux may deviate from the above amounts and percentages for the benefit of the Customer.
Warranty and Conformity
1 Goodway Benelux guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the Agreement. If specifically agreed, Goodway Benelux also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
2 If the delivered product does not comply with the agreement upon delivery, the Customer must notify Goodway Benelux within eight days after delivery at the latest. If the Customer does not do this, he can no longer claim repair, replacement, etc., if the product has been delivered defective.
3 If Goodway Benelux deems the complaint well-founded, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.
1 If the Customer has a complaint about a product (in accordance with the Article concerning warranty and conformity) and/or about other aspects of Goodway Benelux's services, he can submit a complaint to Goodway Benelux by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.
2 Goodway Benelux will respond to Customer's complaint as soon as possible, but in any case within 3 days after receipt of the complaint. If it is not yet possible to give a substantive or final response, Goodway Benelux will confirm receipt of the complaint within 3 days of receipt and give an indication of the period within which it expects to give a substantive or final response to the Customer's complaint.
1 Goodway Benelux's total liability towards the Customer for attributable failure to perform the Agreement is limited to compensation of up to the amount of the price (including VAT) stipulated for that Agreement.
2 Liability of Goodway Benelux towards the Customer for indirect damage, including in any case - but explicitly not exclusively - consequential damage, loss of profit, lost savings, loss of data and damage due to business stagnation, is excluded.
3 Apart from the cases mentioned in the previous two paragraphs of this Article, Goodway Benelux shall not be liable to the Customer for any damages whatsoever, regardless of the ground on which an action for damages would be based. However, the restrictions mentioned in this Article shall lapse if and insofar as damage is the result of intent or gross negligence on the part of Goodway Benelux.
4 The liability of Goodway Benelux towards the Customer due to attributable failure in the performance of an agreement only arises if the Customer gives Goodway Benelux immediate and proper notice of default in writing, stating a reasonable period to remedy the failure, and Goodway Benelux continues to fail in the performance of its obligations even after that period. The notice of default must contain as detailed a description of the shortcoming as possible, so that Goodway Benelux is able to respond adequately.
5 A precondition for the existence of any right to compensation is always that the Customer reports the damage to Goodway Benelux in writing as soon as possible, but at the latest within 30 days after it has arisen.
6 In the event of force majeure Goodway Benelux shall not be obliged to compensate any damage suffered by the Customer as a result.
Retention of title
1 As long as the Customer has not made full payment for the entire agreed amount, all goods delivered shall remain the property of Goodway Benelux.
1 Goodway Benelux processes the Customer's personal data in accordance with the privacy statement published on the Website.
1 The Agreement is governed by Dutch law.
2 Insofar as not otherwise prescribed by mandatory rules of law, all disputes that may arise in connection with the Agreement shall be submitted to the competent Dutch court in the district where Goodway Benelux has its registered office.
3 If any provision of these General Terms and Conditions turns out to be null and void, this shall not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as far as is legally possible.
4 In these General Terms and Conditions, "in writing" also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail is sufficiently established.
Should you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.
Goodway Benelux BV
4251 LD - Werkendam
Tel +0031 (183) 216170
E-mail: [email protected]
Chamber of Commerce 73272280