General terms and conditions

Introduction

Below you will find our General Terms and Conditions. These are always applicable when you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Therefore, please read them carefully. We also recommend that you save or print these terms so that you can review them later.

Article 1. Definitions

1.1. FilRight B.V.: located in Nieuwegein and registered with the Chamber of Commerce under registration number 75249448, trading under the name FilRight B.V.

1.2. Website: the website of FilRight B.V., accessible via www.filright.com and all associated subdomains.

1.3. Customer: the customer who enters into an Agreement with FilRight B.V., whether or not acting in the exercise of a profession or business, and/or has registered on the Website.

1.4. Agreement: any arrangement or agreement between FilRight B.V. and the Customer, of which the General Terms and Conditions are an integral part.

1.5. General Terms and Conditions: these General Terms and Conditions.

Article 2. Applicability of General Terms and Conditions

2.1. The General Terms and Conditions apply to all offers, Agreements, and deliveries of FilRight B.V., unless expressly agreed otherwise in writing.

2.2. If the Customer includes provisions or conditions in their order, confirmation, or acceptance that deviate from or do not appear in the General Terms and Conditions, they are binding on FilRight B.V. only if and to the extent they are expressly accepted in writing by FilRight B.V.

2.3. In cases where specific product or service conditions apply in addition to these General Terms and Conditions, the Customer may rely on the applicable provision that is most favorable to them in case of conflicting conditions.

Article 3. Prices and Information

3.1. All prices listed on the Website and in other materials from FilRight B.V. include VAT and, unless stated otherwise on the Website, other government-imposed levies.

3.2. If shipping costs apply, they will be clearly stated before the Agreement is finalized. These costs will also be displayed separately in the order process.

3.3. The content of the Website is composed with the utmost care. However, FilRight B.V. cannot guarantee that all information on the Website is accurate and complete at all times. All prices and other information on the Website and in other materials from FilRight B.V. are subject to obvious programming and typing errors.

3.4. FilRight B.V. cannot be held responsible for color discrepancies due to screen quality.

Article 4. Formation of Agreement

4.1. The Agreement is formed when the Customer accepts FilRight B.V.'s offer and meets the conditions set by FilRight B.V.

4.2. If the Customer accepts the offer electronically, FilRight B.V. will immediately confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed, the Customer can dissolve the Agreement.

4.3. If incorrect information is provided by the Customer when entering into the Agreement or otherwise, FilRight B.V. has the right to fulfill its obligations only after the correct information is received.

4.4. FilRight B.V. may, within legal limits, assess whether the Customer can meet their payment obligations, as well as other facts and factors relevant to responsibly entering into the Agreement. If, based on this investigation, FilRight B.V. has valid reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions, such as advance payment, to the execution.

Article 5. Registration

5.1. To make optimal use of the Website, the Customer may register via the registration form/account sign-up option on the Website.

5.2. During the registration process, the Customer chooses a username and password, with which they can log in to the Website after registration. The Customer is responsible for selecting a sufficiently reliable password.

5.3. The Customer must keep their login details, username, and password strictly confidential. FilRight B.V. is not liable for misuse of login details and may assume that the Customer logging in to the Website is indeed the Customer. All actions carried out through the Customer's account are the responsibility and risk of the Customer.

5.4. If the Customer knows or suspects that their login details have come into the hands of unauthorized persons, they must change their password as soon as possible and/or notify FilRight B.V., so that FilRight B.V. can take appropriate measures.

Article 6. Execution of Agreement

6.1. Once the order is received by FilRight B.V., FilRight B.V. will send the products as soon as possible, taking into account the provisions of paragraph 3 of this Article.

6.2. FilRight B.V. is entitled to engage third parties in fulfilling the obligations arising from the Agreement.

6.3. The Website will clearly state how delivery will take place and within what period the products will be delivered before the Agreement is finalized. If no delivery period is agreed upon or stated, products will be delivered within 30 days.

6.4. If FilRight B.V. cannot deliver the products within the agreed period, it will inform the Customer. The Customer can then agree to a new delivery date or has the right to dissolve the Agreement at no cost.

6.5. FilRight B.V. advises the Customer to inspect the delivered products and report any defects promptly, preferably in writing. See the Article on warranty and conformity for further details.

6.6. Once the products are delivered to the specified address, the risk concerning these products is transferred to the Customer. If otherwise agreed, the risk is transferred earlier. If the Customer chooses to pick up the products, the risk is transferred upon the transfer of the products.

Article 7. Right of Withdrawal

7.1. This Article applies only to Customers who are natural persons not acting in the exercise of their profession or business.

7.2. The Customer has the right to dissolve the Agreement concluded remotely with FilRight B.V. within 14 days of receiving the product without providing any reason, free of charge.

7.3. The period starts the day after the Customer or a third party designated by the Customer, who is not the carrier, receives the product, or:

• if the Customer orders multiple products in one order: the day the Customer or the designated third party receives the last product;
• if the delivery of a product consists of several shipments or parts: the day the Customer or the designated third party receives the last shipment or part;
• for Agreements for the regular delivery of products over a specified period: the day the Customer or the designated third party receives the first product.

7.4. The Customer bears the return costs unless these costs exceed the standard postal rate, in which case FilRight B.V. will provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain the Customer's responsibility.

7.5. Within the withdrawal period mentioned in paragraph 1, the Customer will handle the product and packaging with care. The Customer will only open the packaging and use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that this inspection may not go beyond what the Customer could do in a physical store.

7.6. The Customer is only liable for the depreciation of the product if the handling goes beyond what is allowed in the previous paragraph.

7.7. The Customer can dissolve the Agreement within the period specified in paragraph 1 of this Article by sending the withdrawal form (digitally) to FilRight B.V., or by notifying FilRight B.V. in another unambiguous way that they wish to withdraw from the purchase. FilRight B.V. will confirm the receipt of such notification in case of digital submission. After dissolution, the Customer has another 14 days to return the product. It is also possible to return the product directly within the period specified in paragraph 1 of this Article, provided that the withdrawal form or another unambiguous withdrawal statement is included.

Products can be returned to:

FilRight B.V.
Nijverheidsweg 3
3401 MC IJsselstein

7.8. Any amounts already paid by the Customer will be refunded as soon as possible, but no later than 14 days after dissolution of the Agreement, using the same payment method used by the Customer. If the Customer chose a more expensive delivery method than the cheapest standard delivery, FilRight B.V. is not required to refund the additional costs for the more expensive method. Unless FilRight B.V. offers to collect the product itself, FilRight B.V. may withhold the refund until it has received the product or until the Customer provides proof of having returned the product, whichever comes first.

7.9. The Website will clearly provide timely information on whether or not the right of withdrawal applies and any desired procedure before the Agreement is concluded.

7.10. The right of withdrawal does not apply to:

• Products created by the entrepreneur according to the Customer's specifications.

Article 8. Payment

8.1. The Customer must make payments to FilRight B.V. using the payment methods specified in the order process and possibly on the Website. FilRight B.V. is free to offer payment methods and may change them from time to time. In case of post-delivery payment, the Customer has a payment term of 14 days, starting from the day after delivery.

8.2. If the Customer fails to meet their payment obligation(s) on time, after being notified by FilRight B.V. of the late payment and granted a period of 14 days to still meet their payment obligations, and payment is still not made within this 14-day period, the Customer owes the statutory interest on the outstanding amount and FilRight B.V. is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500, and 5% on the next €5,000, with a minimum of €40. FilRight B.V. may deviate from the stated amounts and percentages in favor of the Customer.

Article 9. Warranty and Conformity

9.1. This Article applies only if the Customer is a natural person not acting in the exercise of their profession or business. If FilRight B.V. provides a separate warranty on the products, this applies to all types of Customers, notwithstanding the provisions above.

9.2. FilRight B.V. guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the Agreement's conclusion. If specifically agreed upon, FilRight B.V. also guarantees that the product is suitable for use other than normal use.

9.3. If the delivered product does not comply with the Agreement, the Customer must inform FilRight B.V. within a reasonable period after discovering the defect.

9.4. If FilRight B.V. considers the complaint valid, the relevant products will be repaired, replaced, or reimbursed in consultation with the Customer. The maximum compensation, taking into account the Article on liability, is equal to the price paid by the Customer for the product.

Article 10. Warranty for Business Purchases

10.1. FilRight B.V. guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the Agreement's conclusion. If specifically agreed upon, FilRight B.V. also guarantees that the product is suitable for use other than normal use. Otherwise, the product is deemed suitable for normal use. FilRight B.V. also provides a 1-year warranty on all purchases.

10.2. If the delivered product does not comply with the Agreement upon delivery, the Customer must notify FilRight B.V. within 5 days after delivery at the latest. If the Customer fails to do so, they can no longer claim repair, replacement, etc., if the product was delivered defective.

10.3. If FilRight B.V. considers the complaint valid, the relevant products will be repaired, replaced, or partially reimbursed in consultation with the Customer.

Article 11. Complaint Procedure

11.1. If the Customer has a complaint about a product (in accordance with the Article on warranty and conformity) and/or about other aspects of FilRight B.V.'s service, they can submit a complaint to FilRight B.V. by phone, email, or post. See the contact details at the bottom of the General Terms and Conditions.

11.2. FilRight B.V. will respond to the Customer's complaint as soon as possible, but in any case within 5 days after receiving the complaint. If it is not possible to provide a substantive or final response within this period, FilRight B.V. will confirm the complaint within 5 days and indicate the period within which it expects to provide a substantive or final response to the Customer's complaint.

11.3. A Customer who is not acting in the exercise of their profession or business may also submit a complaint via the European dispute resolution platform, available at http://ec.europa.eu/odr/.

Article 12. Liability

12.1. This Article applies only if the Customer is a natural or legal person acting in the exercise of their profession or business.

12.2. The total liability of FilRight B.V. towards the Customer due to an attributable failure to perform the Agreement is limited to compensation of a maximum amount equal to the price stipulated in the Agreement (including VAT).

12.3. FilRight B.V. is not liable for indirect damages, including but not limited to consequential damages, lost profits, missed savings, loss of data, and damage caused by business interruptions.

12.4. In addition to the cases mentioned in the previous two paragraphs, FilRight B.V. is not liable for any compensation for damages, regardless of the legal basis on which an action for damages would be based. However, the limitations mentioned in this Article will not apply if the damage is caused by intent or gross negligence on the part of FilRight B.V.

12.5. The liability of FilRight B.V. towards the Customer for an attributable failure to perform an Agreement arises only if the Customer immediately and properly notifies FilRight B.V. in writing, giving a reasonable period for FilRight B.V. to remedy the failure, and FilRight B.V. fails to comply with its obligations even after that period. The notice of default must contain as detailed a description of the failure as possible, allowing FilRight B.V. to respond adequately.

12.6. As a condition for any right to compensation, the Customer must always report the damage to FilRight B.V. in writing as soon as possible, but no later than 30 days after the damage occurs.

12.7. In the event of force majeure, FilRight B.V. is not obliged to compensate any damage incurred by the Customer as a result.

Article 13. Retention of Title for Business Purchases

13.1. All goods delivered remain the property of FilRight B.V. until all claims FilRight B.V. has against the Business Customer (including any associated collection costs and interest) have been fully paid.

13.2. Before the transfer of ownership, the Business Customer is not entitled to sell, deliver, or otherwise dispose of these items, other than in the ordinary course of business and the normal purpose of the items. Furthermore, the Business Customer is not permitted to pledge these items or grant any other right to them to third parties as long as ownership of these items has not been transferred to the Business Customer.

13.3. The Business Customer is obliged to store the items delivered under retention of title with due care and as recognizable property of FilRight B.V.

13.4. FilRight B.V. is entitled to take back items delivered under retention of title that are still in the possession of the buyer if the Business Customer does not ensure timely payment of invoices or is in or likely to face payment difficulties.

13.5. The Business Customer must always grant FilRight B.V. free access to its goods for inspection and/or to exercise FilRight B.V.'s rights.

Article 14. Personal Data

14.1. FilRight B.V. processes the Customer's personal data in accordance with the privacy statement published on the Website.

Article 15. Final Provisions

15.1. Dutch law applies to the Agreement.

15.2. Unless otherwise prescribed by mandatory law, all disputes arising in connection with the Agreement will be submitted to the competent Dutch court in the district where FilRight B.V. is located.

15.3. If any provision of these General Terms and Conditions proves to be invalid, this will not affect the validity of the entire General Terms and Conditions. In such cases, the parties will replace the invalid provision(s) with new provisions that, as far as legally possible, reflect the intention of the original provision.

15.4. In these General Terms and Conditions, "in writing" also includes communication by email and fax, provided the identity of the sender and the integrity of the email are sufficiently established.

Contact Details

If you have any questions, complaints, or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by email.

FilRight B.V.
Nijverheidsweg 3
3401 MC IJsselstein
Phone: 030 20 72 1 72
Email: [email protected]
Chamber of Commerce number: 75249448
VAT number: NL860207754B01