General Terms and Conditionsof for PLCGO.COM
Article 1. Applicability
These General Terms of Delivery (hereafter: Conditions) apply to all PLCGO.COM offers, orders and agreements.
The acceptance of an offer or the submission of an order implies that you have accepted the applicability of these Conditions.
Departure from the stipulations of these Conditions can only take place following written notice and with the written permission by PLCGO.COM, in which case all the other stipulations will remain in force.
All rights and claims stipulated in these Conditions and in any further agreements involving PLCGO.COM also apply in the case of any intermediate persons and other third parties called in by PLCGO.COM.
Article 2. Offers/Agreements
All offers made by PLCGO.COM are non-binding, and PLCGO.COM explicitly reserves the right to modify its prices, in particular if this is necessary due to (legal) regulations.
An agreement is only established if your order is accepted by PLCGO.COM. PLCGO.COM is entitled to refuse to accept orders or to attach certain conditions to the delivery, unless explicitly stipulated otherwise. If an order is not accepted, PLCGO.COM will communicate this within ten (10) working days following receipt of the order.
Article 3. Prices and Payments
The prices for the offered products and services are quoted in Euros, and do not include VAT and any taxes and/or other levies, unless otherwise stipulated or agreed in writing.
We reserve the right to modify the prices if necessary.
Standard postal rates will apply to orders with delivery address outside of the Netherlands.
Unless otherwise agreed, payment must be made in full at delivery, without any discount or offset, by means of a deposit or transfer to a designated bank or giro account within 1 day of the order date.
Advance payment: It is possible to pay in advance. Your order will then be delivered after PLCGO.COM has received your payment. It is with regret that we must enforce this condition as a MUST for new customers.
Interests and costs
If payment has not taken place within the term stipulated in the previous Article, the counterparty is legally in default, and an interest of 12 % per (part of the) year will be charged on the amount that is still outstanding, starting from the date of the invoice.
All legal and out-of-court costs that arise will be charged to the counterparty.
The out-of-court collection costs will amount to at least 20% of the amount due by the counterparty, including the interest mentioned above.
Article 4. Delivery
The delivery times that are stipulated are merely an indication. You will not be entitled to compensation if a delivery time is exceeded.
The delivery of the products takes place at the location and the time at which the products are ready for shipment to you. PLCGO.COM is entitled to deliver the goods in part-deliveries. The additional costs for the subsequent delivery will be paid by PLCGO.COM.
Article 5. Retention of Title
The property title of the delivered products is only transferred once you have complied with your obligations towards PLCGO.COM on the basis of any agreements with PLCGO.COM. The risk with regard to the products is transferred to you at the moment of the shipment.
Article 6. Intellectual and Industrial Property Rights
All intellectual and industrial property rights related to the products delivered by PLCGO.COM must be fully and unconditionally respected.
Article 7. Complaints and Liability
Due to the fact that we import products from various countries, small variations in model and/or version may occur.
7.1 In case of an attributable shortcoming, contractor will remain obliged to fulfill his contractual obligations.
7.2 The obligation to indemnification on the part of the contractor, pursuant to regardless which legal basis, is limited to those damages for which contractor is insured by means of an insurance taken out by him or on his behalf, but is never higher than the amount that will be paid out by this insurance in such a case.
If contractor for any reason cannot appeal to the limitations set forth in clause 2 of this article, the obligation to indemnification will be limited to a maximum of 15% of the total contract fee (VAT exclusive). If the assignment consists of multiple parts or multiple partial deliveries, the indemnification is limited to 15% (VAT exclusive) of the fee pertaining to that part of the contract or that partial delivery.
7.3 Not subject to indemnification is:
a. consequential damage. Consequential damage constitutes, among others, stagnation damage, production losses, loss of profit, transport costs and travel or accommodation expenses. If available, principal may take out insurance against this form of damage;
b. damage to property in the care, control or custody of, but not owned by the insured. This concerns, among others, damage done to the objects being worked on, resulting from the carrying out of this work. Principal may take out insurance against this;
c. intentional damage or damage resulting from intentional reckless behaviour of workers or non-managing employees in the service of contractor.
7.4 Contractor is not liable for damage to materials delivered by or on behalf of the contractor resulting from unsoundly executed work.
7.5 Principal safeguards contractor against all claims from third parties with regard to product liability resulting from faulty products supplied to a third party by contractor and that (partly) consist of damages suffered by contractor, among which the compensation of the (full) costs of the defence.
Article 8. Orders/Communication
PLCGO.COM is not liable for misunderstandings, distortions, delays or incorrect transmission of ordering data and information as a result of the use of the Internet or any other means of communication in the correspondence between yourself and PLCGO.COM, or between PLCGO.COM and third parties, insofar as the latter relates to the relationship between yourself and PLCGO.COM, unless and insofar as these do not involve intent or serious misconduct on the part of PLCGO.COM.
Article 9. Personal Data
PLCGO.COM complies with the Law on the Registration of Persons. All data obtained is held in a file. PLCGO.COM respects the privacy of all its website users, and hereby assures them that all personal information will always be handled confidentially. This data will only be used to ensure that the orders are carried out as quickly and as smoothly as possible. Personal data will never be made available to third parties that are not associated with PLCGO.COM.
Article 10. Force Majeure
In the case of Force Majeure, without prejudice to the other rights available to it and at its own discretion, PLCGO.COM has the right to either suspend the execution of the order or cancel the agreement without recourse to the court by providing written notification without becoming liable for any compensation, unless this would be unacceptable in the given circumstances according to the criteria of reasonableness and fairness.
Force Majeure is considered to mean any default that cannot be attributed to PLCGO.COM, because it was not due to an error on PLCGO.COM’s part and cannot be attributed to PLCGO.COM either by law, legal action or the accepted commercial standards.
Article 11. Miscellaneous
If you have notified PLCGO.COM of an address in writing, PLCGO.COM will be entitled to forward all orders to this address unless you provide written notification to PLCGO.COM of another address to which your orders should be shipped.
If PLCGO.COM has tacitly permitted deviations from these conditions, either over a short or a longer period of time, this will not infringe on PLCGO.COM’s right to claim immediate and strict compliance with these conditions. It is not possible to claim any rights on the basis of the fact that PLCGO.COM applies these conditions in a flexible manner.
If one or several stipulations of these conditions or any other agreement with PLCGO.COM are contrary to any applicable statutory regulation, the stipulation in question will be cancelled and be replaced by a similar stipulation to be determined by PLCGO.COM and that is legally permissible.
PLCGO.COM is entitled to make use of third parties in order to carry out your order(s).
Article 12. Applicable Law and Court of Competent Jurisdiction
Dutch law is exclusively applicable to all rights, obligations, offers, orders and agreements to which these conditions apply, as well as to the conditions themselves.
All disputes between the parties will be exclusively submitted to the authorized court in the Netherlands.