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General Terms and Conditions

General Terms and Conditions Pixlgear.eu

Article 1. Definitions In these general terms and conditions, the following terms are used in the following meanings, unless expressly stated otherwise:

  • Seller: BooqBox, acting in this matter under the name PixlGear, established in Oud-Beijerland and registered with the Chamber of Commerce under number 24307672.

  • Buyer: The natural or legal person acting in the exercise of a profession or business who enters into an agreement with the Seller.

  • Agreement: The agreement of sale and purchase regarding the Seller's products.

  • Products: All items that are the subject of an agreement between the Seller and the Buyer.

Article 2. Applicability

  • These conditions apply to every offer from the Seller and to every agreement concluded between the Seller and the Buyer.

  • The applicability of any purchasing or other conditions of the Buyer is expressly rejected.

  • Deviations from these general terms and conditions are only valid if they have been expressly agreed upon in writing or by email.

Article 3. Offer and formation of the agreement

  • All offers and quotations from the Seller are without obligation, unless a deadline for acceptance is stated in the offer.

  • An agreement is concluded at the moment the Buyer places an order via the webshop and the Seller has confirmed this order digitally (by email).

  • Obvious mistakes or errors in the offer on the website do not bind the Seller.

Article 4. Prices and Payment

  • All prices stated on the website are exclusive of VAT and other government levies, as well as any costs to be incurred in the context of the agreement, including shipping costs, unless stated otherwise.

  • Payment must be made via the payment methods offered in the webshop, unless otherwise agreed.

  • If the Buyer fails to pay an invoice on time, the Buyer is legally in default. The Buyer shall then owe the statutory commercial interest. In addition, all costs incurred in obtaining payment out of court shall be borne by the Buyer.

Article 5. Delivery and Execution

  • Delivery times are given as an approximation and are never to be considered as strict deadlines.

  • Exceeding the delivery time does not entitle the Buyer to compensation or dissolution of the agreement.

  • The Seller is entitled to deliver the ordered products in parts.

  • The risk of loss, damage, or depreciation passes to the Buyer at the moment the products are delivered to the Buyer (or a carrier designated by the Buyer).

Article 6. Retention of title

  • All products delivered by the Seller remain the property of the Seller until the Buyer has fulfilled all obligations under all agreements concluded with the Seller.

  • The Buyer is not authorized to pledge or in any other way encumber the items subject to retention of title, except in the normal course of their business.

Article 7. Inspection and Complaints

  • The Buyer is obliged to examine the delivered goods (or have them examined) immediately at the moment the products are made available to them.

  • Visible defects or shortages must be reported to the Seller in writing within 7 days after delivery.

  • Hidden defects must be reported in writing immediately, but no later than within 14 days after their discovery.

  • Complaints do not suspend the payment obligation of the Buyer.

  • Returns are only accepted after prior written approval by the Seller. The statutory right of withdrawal for consumers is excluded.

Article 8. Warranty

  • The Seller guarantees that the delivered products meet the usual requirements and standards that can reasonably be set for them at the time of delivery.

  • Any form of warranty shall lapse if a defect has arisen as a result of injudicious or improper use, or when the Buyer or third parties have made changes to the product.

  • For products that the Seller obtains from third parties (such as manufacturers), the warranty is limited to the warranty provided by the producer of the item.

Article 9. Liability

  • If the Seller should be liable, this liability is limited to what is regulated in this provision.

  • The Seller is solely liable for direct damage. The Seller is never liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business interruption.

  • The liability of the Seller is in any case always limited to the amount paid out by their insurer in the relevant case, or (if the insurance does not pay out) to a maximum of the invoice amount of the relevant agreement.

Article 10. Force Majeure

  • The Seller is not obliged to fulfill any obligation towards the Buyer if they are hindered to do so as a result of a circumstance that is not due to fault, nor for their account under the law, a legal act, or generally accepted views (such as strikes, network failures, or transport problems).

Article 11. Applicable law and disputes

  • All legal relationships to which the Seller is a party are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is excluded.

  • The court in the Seller's place of establishment (or the district under which it falls, such as Rotterdam/Dordrecht) has exclusive jurisdiction to hear disputes, unless the law mandatorily prescribes otherwise.