Terms and Conditions

Terms and Conditions of VOF Van Ginkel’s Handelsonderneming

The information contained in these terms and conditions and/or on the website is not intended or recommended as a substitute for medical advice. Customers should consult their own doctor or healthcare provider regarding medical conditions or ailments.

Article 1 – Definitions
1.1 For the purposes of these terms and conditions, the following terms shall have the following meanings:

• Van Ginkel’s: the party that has declared these terms and conditions applicable to any legal relationship with the customer.
• The company: Van Ginkel’s General Partnership, located in Harlingen and registered with the Chamber of Commerce under registration number 01050243. VAT number: L812954749B01.
• Purchaser/user: hereinafter referred to as the customer.
• Partner: the supplier or installer that acts or performs work on behalf of Van Ginkel’s.
• Agreement: All agreements entered into by Van Ginkel’s.

Article 2 – Personal and Traffic Data
2.1 Van Ginkel’s guarantees that it will only enter or otherwise make available the customer’s personal data in a fully lawful manner.
2.2 Personal data will only be provided to third parties if necessary for the performance of the agreement. The customer’s explicit consent to this is deemed to have been given through these terms and conditions.
2.3 Van Ginkel’s guarantees that any person acting under the authority of Van Ginkel’s, to the extent that such person has access to personal data for which the customer is the data controller, will process such data only on the customer’s instructions, unless otherwise required by law.
2.4 Responsibility for the data processed by the customer using a Van Ginkel’s service lies entirely with the customer.
2.5 The customer warrants that the content, use, and/or processing of the data is not unlawful and does not infringe upon any right (of a third party).
2.6 The customer shall indemnify Van Ginkel’s against any legal claim by a third party, on whatever grounds, in connection with this data and/or the performance of the agreement.

Article 3—Confidentiality
3.1 The Parties shall treat as confidential any information they disclose to each other before, during, or after the performance of the Agreement, provided that such information is marked as confidential. The parties shall also impose this obligation on their employees.
3.2 This obligation shall remain in effect even after the termination of the Agreement for any reason whatsoever, for as long as the disclosing party can reasonably claim that the information is confidential.

Article 4 – Applicability
4.1 These general terms and conditions apply to and form an integral part of all offers, quotations, agreements, and transactions of Van Ginkel’s, regardless of their nature and/or designation.
4.2 Van Ginkel’s provides the customer with a reasonable opportunity to review these General Terms and Conditions in such a way that they can be saved by the customer and remain accessible to the customer for future reference.
4.3 Upon the conclusion of the agreement, the customer is deemed to have agreed to the exclusive applicability of these General Terms and Conditions.
4.4 The General Terms and Conditions may be sent and/or provided at any time at Van Ginkel’s’ expense, upon the customer’s request.
4.5 These terms and conditions govern the relationship between Van Ginkel’s and the customer. Additions and/or deviations from these terms and conditions are valid only if agreed upon in writing with the (authorized) customer and therefore cannot be applied retroactively or to future deliveries.
4.6 The applicability of any purchasing or other terms and conditions is expressly rejected.
4.7 In the event of a conflict between provisions in these General Terms and Conditions and the agreement, the text of the agreement and the service description shall prevail over these General Terms and Conditions.
4.8 If any provision of these General Terms and Conditions is found to be void or is invalidated, all other provisions shall remain in full force and effect. Van Ginkel’s may immediately replace any invalid or void provision with a new provision that approximates as closely as possible the legal and economic intent of the invalid or void provision.

Article 5 – Promotions and Offers
5.1 All quotations, price estimates, price lists, offers, and other statements made in writing and/or verbally by a representative and/or employee of Van Ginkel’s are non-binding and remain valid for a period of 14 days following the date of issuance, unless the documents specify a different period of validity.
5.2 If the customer purchases a product during a period when no promotion is in effect, the customer will not subsequently be eligible for a discount or other terms associated with any prior or subsequent promotion(s) or offer(s). This also applies to repeat orders.
5.3 Offers and descriptions in the offer, catalogs, designs, models, estimates, etc., are as accurate as possible but are not binding and remain the property of Van Ginkel’s. Such documentation may not be copied and/or provided to third parties or otherwise made public without Van Ginkel’s permission and must be returned upon Van Ginkel’s first request.
5.4 Van Ginkel’s cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious error or typographical error.
5.5 Van Ginkel’s cannot be held to its price(s) if the customer should have realized that the price(s), or any part thereof, contained an obvious error or typographical error.
5.6 Van Ginkel’s is authorized at all times to change recorded information such as prices and other terms and conditions.
5.7 Van Ginkel’s has the right, without providing any reasons, to refuse an order placed with it based on a non-binding offer.

Article 6 – The Agreement
6.1 An agreement is deemed to have been legally concluded only upon Van Ginkel’s making an offer and the customer accepting that offer, or upon the commencement of the order’s fulfillment.
6.2 The terms of the agreement are determined by Van Ginkel’s quotation and/or order confirmation and these general terms and conditions.
6.3 If a quotation has been issued previously, it is deemed accepted at the moment the customer accepts the quotation.
6.4 Van Ginkel’s will always send a confirmation email regarding the acceptance to the customer. Until that time, the customer is entitled to withdraw the acceptance and, consequently, to terminate the agreement.
6.5 Van Ginkel’s is entitled to reject the request or order if it has valid reasons to do so. The customer will be notified of this within 7 days.
6.6 Agreements entered into by employees or representatives are concluded subject to approval by management.
6.7 The customer is obligated to provide Van Ginkel’s with the information specified in the agreement.
6.8 The customer is obligated to provide all reasonable cooperation to enable Van Ginkel’s to fulfill the agreement in a responsible manner, in accordance with its obligations.
6.8 Van Ginkel’s is entitled to impose additional conditions on the request or order if it has valid reasons to do so. The customer will be notified of this within a reasonable legal timeframe.

Article 7 – Results of Product Use
7.1 Van Ginkel’s is not responsible for the results. Results may vary from person to person; therefore, no guarantee is provided regarding the results of purchased products.
7.2 It is the user’s own responsibility to seek medical advice in advance regarding the use of the product.
7.3 If the customer has not achieved the desired results, the customer is not entitled to a refund of any amounts paid.

Article 8 – Price
8.1 The prices displayed on Van Ginkel’s website are shown inclusive of VAT for private customers and exclusive of VAT and other government-imposed taxes for business customers, and are valid at that time and at the time of the order, unless otherwise indicated.
8.2 Van Ginkel’s cannot be held to a (previous) VAT rate that has been or is being changed at any time. The VAT rate in effect at that time shall prevail.
8.3 Van Ginkel’s therefore cannot be held to lower prices than those currently charged by its supplier elsewhere.
8.4 In the event of a price increase based on this article, the customer has the exclusive right to terminate the agreement free of charge only if the price increase exceeds 5%.
8.5 Objections to this must also be submitted in writing to Van Ginkel’s no later than 30 days after the invoice date. After that date has passed, the customer is deemed to have agreed to the amount and composition of the invoice.

Article 9 – Payment Obligations
9.1 Payments to Van Ginkel’s are made via bank transfer, direct debit, debit card transaction, credit card, cash payment on site, through the web shops using online payment platforms, and through external payment providers.
9.2 Orders are processed once full payment is confirmed by Van Ginkel’s.
9.3 The customer is obligated to immediately report any inaccuracies in the payment details provided or listed to Van Ginkel’s. Van Ginkel’s is never liable for this.
9.4 If the direct debit fails, Van Ginkel’s will send a reminder letter with a 14-day payment deadline.
9.5 If payment is not made within the aforementioned 14 days following the invoice date, without any set-off or right to suspend payment, the customer shall be in default immediately, without notice of default or demand for payment. Statutory commercial interest shall then be charged immediately and shall therefore be due at that time. Van Ginkel’s is also hereby entitled to claim all costs incurred by the customer due to non-payment or late payment. (Such as, among other things, extrajudicial costs amounting to 15% of the total claim.)

Article 10—Delivery and Provision of Products and/or Services
10.1 Van Ginkel’s will exercise the utmost care in fulfilling orders and in evaluating requests for the provision of services.
10.2 If an order cannot be fulfilled and/or is refused by the supplier, Van Ginkel’s is entitled to refuse the order as well.
10.3 If and to the extent that proper performance of the agreement so requires, Van Ginkel’s may have certain work performed by third parties.
10.4 How a product or service is delivered or performed depends in part on how the customer implements the action plan and on the availability of the service on-site; all of this is at the discretion of Van Ginkel’s and the partner. The partner’s service description is authoritative.
10.5 The partner generally reserves the right to unilaterally amend its own service description, and the client is aware that Van Ginkel’s has little or no influence over this.
10.6 Without prior notice, deliveries that are up to 5% more or less than the agreed-upon quantities are permitted.
10.7 The customer is responsible for the use and application of all products within its organization.
10.8 If information necessary for the performance of the agreement is not made available to Van Ginkel’s, or is not made available on time or in accordance with the agreements, or if the customer otherwise fails to fulfill its obligations, Van Ginkel’s has the right to suspend the performance of the agreement, and Van Ginkel’s has — to the extent justified by the nature of the customer’s breach — the right to charge for the resulting costs in accordance with its standard rates, without prejudice to all other rights to which Van Ginkel’s is entitled by law.
10.9 The customer shall indemnify Van Ginkel’s against any claims by third parties—including Van Ginkel’s employees—who, in connection with the performance of the agreement, suffer damage resulting from the customer’s acts or omissions or from unsafe conditions within the customer’s organization.

Article 11—Deadlines
11.1 Unless otherwise agreed in writing, deadlines specified by Van Ginkel’s are not considered strict deadlines.
11.2 The start of the deadline is the moment at which Van Ginkel’s is in possession of all necessary information and the customer has fulfilled all of its (possibly existing) due and payable financial or other obligations toward Van Ginkel’s. (If the customer still fulfills these obligations within a reasonable period, Van Ginkel’s will also proceed with performance within a reasonable period). Van Ginkel’s then has the right to charge the customer for any additional costs resulting from the delay.
11.3 Exceeding an agreed-upon deadline does not entitle the customer to any compensation, unless otherwise agreed in writing.
11.4 In the event that a product or service can no longer be delivered, the customer is entitled, if possible, to a replacement product, provided the customer agrees to this.
11.5 The place of delivery is always the address that the customer has provided to Van Ginkel’s.
11.6 Van Ginkel’s obligation to deliver shall be deemed fulfilled, subject to proof to the contrary, as soon as the goods delivered by Van Ginkel’s have been presented to the customer by the delivery service. In the case of home delivery, the carrier’s report, stating the refusal of acceptance, shall serve as full proof of the offer to deliver.
11.7 Van Ginkel’s shall choose the method of shipment and the carrier. If the customer requests any other shipping method or carrier, Van Ginkel’s is entitled to invoice the customer for the additional costs incurred.

Article 12 – Retention of Title
12.1 All goods sold or delivered by Van Ginkel’s to the customer remain the property of Van Ginkel’s or its partners as long as the customer:
a) has not yet fully settled Van Ginkel’s claims arising from this agreement or earlier or subsequent similar agreements;
b) as long as the customer has not yet settled the work performed or to be performed under this or similar agreements; and
c) as long as the customer has not yet settled Van Ginkel’s claims arising from breaches of contractual obligations, including claims for penalties, interest, and costs.
12.2 Rights are always granted to the customer or, where applicable, transferred to the customer on the condition that the customer pays the agreed fees in full and on time.
12.3 The customer is not authorized to pledge the goods subject to retention of title or to encumber them in any other way.
12.4 If third parties attach the goods delivered under retention of title, or seek to establish or assert rights thereto, the customer is obligated to notify Van Ginkel’s of this as soon as may reasonably be expected.

Article 13 – Right of Withdrawal
13.1 The right of withdrawal applies to private customers but not to business customers. This means that business customers do not have the right to withdraw from the agreement within a specified period without providing a reason.
13.2 Under certain conditions, an exception may be made to the preceding paragraph. In such cases, this must be explicitly and unambiguously agreed upon in writing between Van Ginkel’s and the business customer in question.
13.3 The right of withdrawal does, however, apply to consumers.
13.4 The right of withdrawal means that a consumer may terminate the contract for the purchase of a product during a 14-day cooling-off period starting on the day after receipt of the product in question, without having to provide a reason.
13.5 Van Ginkel’s may not require the consumer to provide a reason.
13.6 During the cooling-off period, the consumer is expected to handle the product and its packaging with care.
13.7 During the cooling-off period, the product may only be handled and inspected in the same way that a consumer would be permitted to do so in a store.
13.8 The consumer is liable for any loss in value of the product resulting from handling the product in a manner that goes beyond what is permitted under Articles 13.6 and 13.7.
13.9 The consumer is not liable for any loss in value of the product resulting from handling the product in a manner that goes beyond what is permitted under Articles 13.6 and 13.7, in the event that Van Ginkel’s has not provided the information regarding the right of withdrawal.
13.10 If the consumer exercises their right of withdrawal, they must notify Van Ginkel’s in writing or by email within the 14-day cooling-off period. Van Ginkel’s will send a confirmation of receipt without delay.
13.11 The consumer must return the product (with all accessories provided, in the original packaging) to Van Ginkel’s within 14 days of notifying Van Ginkel’s of the cancellation. The costs of this return shipment are the responsibility of the consumer.
13.12 Van Ginkel’s will ensure that the amounts paid are refunded within 14 days to the consumer’s bank account number on file with Van Ginkel’s.
13.13 If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, Van Ginkel’s is not required to refund the additional costs for the more expensive method.
13.14 Van Ginkel’s may exclude certain products and services from the right of withdrawal. Van Ginkel’s is required to clearly state this in the offer—or at least unambiguously before the contract is concluded—so that the consumer can determine whether they still wish to receive the product and/or service without this right.

Article 14 – Force Majeure
14.1 If Van Ginkel’s is unable to fulfill its obligations under the agreement, or is unable to do so in a timely or proper manner, as a result of a cause not attributable to it—including, but not limited to, employee illness, disruptions to and other interruptions in the normal course of business within its company, those obligations shall be suspended until Van Ginkel’s is once again able to fulfill them in the agreed-upon manner.
14.2 In cases such as those mentioned above, the customer will be notified immediately in writing. After the standard statutory periods have expired, the customer is entitled to terminate the agreement at no cost. In such cases, Van Ginkel’s is obligated to refund to the customer any costs previously paid by the customer to Van Ginkel’s, using the bank account number already known to Van Ginkel’s. In such cases, the customer may not assert any claim for damages against Van Ginkel’s.
14.3 For the purposes of these General Terms and Conditions, “force majeure” includes, among other things: fire, theft, acts of war, riots, strikes, sit-ins, operational disruptions, failure of (facilities), cyberattacks, war, severe weather, restrictive measures imposed by any government, and, in general, all external causes, whether foreseeable or unforeseeable, over which Van Ginkel’s has no control, but which prevent Van Ginkel’s from fulfilling its obligations.
14.4 If the performance of the agreement between the parties is prevented due to force majeure, Van Ginkel’s is entitled, without judicial intervention, either to suspend performance of the agreement or to terminate the agreement in whole or in part.
14.5 If, at the time the force majeure event occurs, Van Ginkel’s has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the portion already performed or capable of being performed separately, and the customer is obligated to pay this invoice.
14.6 Van Ginkel’s also has the right to invoke force majeure if the circumstance preventing (further) performance occurs after it was required to fulfill its obligation.
14.7 If a force majeure situation arises with respect to a third party engaged by Van Ginkel’s, importer, exporter, manufacturer, and/or partner, and/or carrier, and that party invokes force majeure vis-à-vis Van Ginkel’s, this shall also be deemed a force majeure event on the part of Van Ginkel’s itself, which shall be deemed to apply vis-à-vis the customer.
14.8 If the performance of the agreement is suspended due to force majeure, or if, in the event of persistent force majeure, Van Ginkel’s or the customer invokes termination of the agreement, subject to the provisions of these General Terms and Conditions, Van Ginkel’s shall not be liable for any damages.

Article 15- Termination
15.1 Either party shall be entitled to terminate the agreement in whole or in part only if the other party, after receiving a proper written notice of default that is as detailed as possible and setting a reasonable period for remedying the breach, is (persistently) at fault in failing to fulfill its (material) contractual obligations under the agreement.
15.2 Without prejudice to any other rights it may have, Van Ginkel’s is authorized, without judicial intervention and without the need for a written notice of default, to terminate the agreement in whole or in part if the customer:
has filed for a stay of payments or has been granted one;
has been declared bankrupt or a petition for bankruptcy has been filed;
has failed, through its own fault, to fulfill an obligation under the agreement, or if it is foreseeable to Van Ginkel’s that the customer will fail to fulfill such an obligation;
termination shall take place by means of a written statement, without Van Ginkel’s being obligated to pay any compensation, provide any warranty, or make any refund;
all claims that Van Ginkel’s currently has against the customer or;
will acquire, shall become immediately and fully due and payable;
Rights and obligations arising from the agreement between Van Ginkel’s and the customer, which by their nature and content are intended to continue, shall remain in full force and effect after termination of the agreement.

Article 16—Responsibilities/Risks
16.1 The risk of damage to and/or loss of products remains with Van Ginkel’s until the moment of delivery to the customer or to a representative designated in advance and notified to Van Ginkel’s, unless expressly agreed otherwise.
16.2 If, after discovering a defect in a specific product—or at least a specific batch thereof—Van Ginkel’s decides that all relevant products must be returned to Van Ginkel’s, the customer shall cooperate fully to ensure that these products are actually returned.
16.3 If telecommunications facilities (including connections via the Internet) are used in connection with services to be provided by Van Ginkel’s, the customer is responsible for their correct and authorized use. Van Ginkel’s is not responsible and/or liable for the consequences of the failure or malfunction of the relevant telecommunications facility.

Article 17—Liability for the Delivery of Movable Property and Services
17.1 Except in cases of willful misconduct or gross negligence on the part of Van Ginkel’s or its employees, Van Ginkel’s shall not be liable for any form of damage (with the exception of direct damage)—including damage in the form of loss of revenue or diminished goodwill in the customer’s business or profession, intangible and tangible damage, business interruption or stagnation, damage to movable or immovable property, or to persons, whether at the customer’s premises or to third parties—resulting from or related to the use or consumption of goods, services, or work performed by Van Ginkel’s, or caused by agents engaged to perform work or deliver goods, or caused by auxiliary materials used in the delivery and/or performance of the agreement.
17.2 The customer must determine for themselves whether they can use the products safely. This includes, among other things, the risk of developing allergies.
17.3 Van Ginkel’s is not liable for the manner in which the customer uses the products supplied by Van Ginkel’s or the Partner. The customer shall indemnify Van Ginkel’s and the Partner against all claims by third parties.
17.4 Van Ginkel’s is not liable for the acts or omissions of third parties whom Van Ginkel’s engages in the performance of an agreement.
17.5 Van Ginkel’s is not liable for consequential damages suffered by the customer or third parties. If materials for the service are supplied by the customer or if the use of certain materials or items is stipulated by or on behalf of the customer, Van Ginkel’s is not liable for defects arising from the use of those materials or items, nor for any resulting damage.
17.6 Van Ginkel’s is not liable for damages of any kind resulting from its reliance on incorrect and/or incomplete information and/or materials and/or working conditions provided by the customer, unless such inaccuracy or incompleteness should have been apparent to it.
17.7 Van Ginkel’s total liability, on whatever grounds, is limited to compensation for direct damages up to a maximum of the price paid under that agreement, or at least that portion of the order to which the liability relates.
17.8 “Direct damages” shall be understood to mean exclusively:

• Reasonable costs, supported by evidence, that the customer would have to incur to ensure that Van Ginkel’s performance complies with the agreement. However, such damages will not be reimbursed if the agreement is terminated or if the damages are attributable to the customer;
• Property damage to other property belonging to the other party and/or third parties;
• Verifiable reasonable costs incurred to determine the cause and extent of the damage, provided that such determination relates to direct damage as defined in these General Terms and Conditions;
• Verifiable reasonable costs incurred to prevent or limit damage, provided that the customer demonstrates that these costs resulted in a reduction of direct damage as defined in these General Terms and Conditions.

17.9 The other party must take all measures necessary to prevent or limit the damage.
17.10 Van Ginkel’s does not guarantee, and shall never be deemed to have guaranteed, that the delivered goods are ultimately suitable for use on the individual for whom the other party intends to use or has used these goods, unless it has expressly confirmed this in writing to the other party. In particular, Van Ginkel’s cannot guarantee that a specific individual will not have an adverse reaction or an allergic reaction to the goods, despite the care taken in their formulation.
17.11 If Van Ginkel’s is liable for damages suffered by the other party, Van Ginkel’s liability for damages is always limited to the amount paid out by the insurer. If the insurer does not make a payment or if the damage is not covered by the insurance, the obligation to pay compensation is limited to a maximum of the invoice amount for the delivered goods.
17.12 The other party must hold Van Ginkel’s liable for the damages it has suffered no later than 6 months after it became aware of, or could have become aware of, such damages.
17.13 Van Ginkel’s is not liable, and the other party may not invoke the applicable warranty if the damage arose:

1. due to improper use or use contrary to the intended purpose of the delivered goods or the instructions, advice, user manuals, package inserts, etc., provided by or on behalf of Van Ginkel’s;
2. due to any reasonably unforeseeable use;
3. due to improper or incorrect storage of the delivered goods;
4. due to errors or omissions in the information provided to Van Ginkel’s by or on behalf of the other party;
5. based on directions or instructions from or on behalf of the other party;
6. due to the choice made by the other party regarding the goods to be delivered;
7. because the other party, or a party acting on its behalf, has processed the delivered goods or mixed them with other products without Van Ginkel’s express prior consent.

17.14 In the cases listed in the preceding paragraph, the other party is fully liable for all resulting damages and expressly indemnifies Van Ginkel’s against all claims by third parties for compensation for such damages.
17.15 The limitations of liability set forth in this article do not apply if the damages are attributable to willful misconduct and/or gross negligence on the part of Van Ginkel’s or its executive-level management, or if mandatory statutory provisions preclude such limitations. Only in these cases will Van Ginkel’s indemnify the other party against any claims by third parties against the other party.
17.16 Van Ginkel’s is never liable for indirect damages, including consequential damages and injuries.
17.17 Van Ginkel’s is never liable for bodily injury, damages resulting from death, or any other damages.
17.18 The customer shall indemnify Van Ginkel’s and its employees against all claims by third parties, in particular those arising from product liability due to a defect in a product delivered by the customer to a third party and which also consisted of products supplied by Van Ginkel’s, unless and to the extent that the customer proves that the damage was caused by those products.

Article 18 – Security
18.1 If, in Van Ginkel’s’s opinion, there are grounds to do so, Van Ginkel’s is at all times entitled to require the customer to provide security, in a manner to be determined by Van Ginkel’s, to ensure fulfillment of the customer’s payment obligation to Van Ginkel’s. The security may take the form of a bank guarantee to be provided by the customer in favor of Van Ginkel’s.
18.2 The security must be provided within 14 days of a written request to that effect from Van Ginkel’s to the customer. In the absence of (timely) provision of security as referred to in the aforementioned provision, Van Ginkel’s has the right to suspend performance of the agreement or to terminate the agreement in whole or in part without judicial intervention and to claim damages.

Article 19 – Additional/Deviating Provisions
19.1 Any separate agreements must be made in writing and always recorded in consultation and agreement with Van Ginkel’s and the customer (ensuring that the customer is never placed at a disadvantage), so that both of the aforementioned parties may consult them at any time.

Article 20 – Complaints and Defects
20.1 Complaints regarding the performance of the agreement (including any defects discovered) must be submitted within 14 days after the customer has discovered the defects, with a complete and clear description, by sending them to: info@ginkels.nl
20.2 Complaints submitted to Van Ginkel’s will be responded to within 7 days of the date of receipt. If a complaint requires a foreseeable longer processing time, Van Ginkel’s will respond within the 7-day period with an acknowledgment of receipt and an indication of when the customer can expect a more detailed response.
20.3 If Van Ginkel’s determines that a product is defective and this falls within the agreed-upon (supplier) warranty, Van Ginkel’s will promptly proceed with repair or replacement.

Article 21—Warranties
21.1 Van Ginkel’s ensures that the agreed-upon deliveries are carried out properly and in accordance with the standards applicable in its industry, but never provides any warranty regarding these deliveries beyond what has been expressly agreed upon between the parties.
21.2 During the warranty period, Van Ginkel’s guarantees the customary quality and soundness of the goods delivered.
21.3 If the manufacturer or supplier has issued a warranty for the goods delivered by Van Ginkel’s, that warranty shall apply equally between the parties. Van Ginkel’s shall inform the other party of this.
21.4 If Van Ginkel’s procures raw materials or materials from third parties for the production of the goods, Van Ginkel’s will rely, with respect to the performance and properties of these raw materials or materials, on the information provided to Van Ginkel’s by the manufacturer or supplier of those raw materials or materials. If the manufacturer or supplier has issued a warranty for the delivered raw materials or materials, that warranty shall apply equally between the parties. Van Ginkel’s will inform the other party of this.
21.5 The 1-year warranty applicable to machines does not apply to connected accessories, treatment heads, airbrushes, hoses, and similar or related parts.
21.6 No claim under the warranty may be made as long as the other party has not yet paid the agreed-upon price for the goods.
21.7 In the event of a valid claim under the warranty, Van Ginkel’s shall—at its discretion—provide, free of charge, for the repair or replacement of the goods, or for a refund of or a discount on the agreed-upon price. If there is any additional damage, the provisions of the liability clause included in these general terms and conditions shall apply.
21.8 Custom-made items will never be accepted for return by Van Ginkel’s, unless the item is defective or incomplete and this defect is demonstrably due to a failure on the part of Van Ginkel’s. In that case, Van Ginkel’s will make every effort to remedy the defect or to deliver a new item.
21.9 The warranty is on a “carry-in” basis. This means that the other party must ensure that the product is delivered to the appropriate party for inspection or repair.
As required by law, no warranty applies to damage caused by water, moisture, impacts, or drops.

Article 22 Governing Law
22.1 All agreements, orders, invoices, and/or quotations between the other party and Van Ginkel’s are governed exclusively by Dutch law.
22.2 The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
22.3 These general terms and conditions supersede any previous versions thereof.