Terms & Conditions
General sales, delivery and payment trade terms from DigiTrading / BesTrade, established and office situated in Lent The Netherlands, registered at the Chamber of Commerce for Central Gelderland Provence 56807627. These trade terms are filed at the Chamber of Commerce for Central Gelderland Provence.
1. BesTrade (including her underlying Trading names, of which DigiTrading is the main Trading name) is the user from these General trading terms and hereafter also as such will be meant.
2. With the word ‘Client’ is meant every (Legal) entity to whom BesTrade directs her offers, as well as Clients who direct offers to BesTrade or any entity or person which enters into an agreement with and furthermore all (legal-)persons with whom BesTrade has any legal bindings.
3. With the word 'business' is meant all of which, including services, is subject to the agreement to which these general trade terms are applicable.
Article 1. relevance
1.1 This general conditions apply to all offers, orders and agreements of BesTrade (hereafter: BesTrade) . These conditions have been deposited at the chamber of commerce in Central Gelderland Provence city of Arnhem and can be sent upon request free of charge.
1.2 By placing an order via www.digitrading.nl (online Dealershop), you will be required to read and agree with these conditions. By placing an order via fax or via e-mail with BesTrade, you will comply to these trade terms and conditions.
1.3 These conditions can only be deviated in writing. In that case all remaining provisions of these conditions remain effective.
1.4 All rights and revendications which are stipulated in these conditions apply also for commission agents involved by BesTrade and other third parties.
Article 2. offers/agreements
2.1 All offers are without engagement and apply as long as there is stock availability. Offers will be based on the data of the WebShop, mailing or tender, mentioned by the purchaser.
2.2 The WebShop Dealershop contents, mailings do not bind BesTrade unless it has been indicated explicitly and in case this has been indicated in a specific tender.
2.3 All price indication are in euro, exclusive VAT, exclusively transportation and packing costs, unless this has been differently indicated explicitly.
Article 3. prices and payments
3.1 The mentioned prices for offered article and services are in euro, exclusive VAT and exclusive delivery cost, possible taxes or other levies, unless differently mentioned.
3.2 For orders with delivery address in the Netherlands you are requested to pay within fourteen (14) days after the invoice date. For orders with delivery address abroad you are requested to pay within fourteen (14) summon after the invoice date.
3.3 You can use one of the recommended payment methods to transfer the payment. You are also allowed to pay via internet banking to transmit the payment directly to BesTrade bank account.
3.4 If you fail to transmit the payment within the due period, you are required to pay 1% interest per month based on the actual overdue payment amount, as well as twenty eight euro (28 euro ) administration cost. If BesTrade employs any organisation to collect the overdue payment, all charges from such organisation will be on your account.
3.5 If you fail to transmit the payment completely within the due period, BesTrade has right to terminate any agreement with you.
3.6 If the prices of offered article and services increase in the meantime when you placed your order, you have the right to cancel the order or the agreement after you informing BesTrade about the cancellation in written.
Article 4. Delivery
4.1 Deliveries will be made fob warehouse BesTrade. The specified delivery lead time cannot be considered as fatal period, unless explicitly agreed upon differently in written correspondense. The delivery period will become effective as soon as the order is placed and the invoice amount has been received unless differently agreen upon in writing.
4.2 As from the moment that the goods are ready for delivery, they are for risk of the purchaser.
4.3 BesTrade will ship the goods to the invoicing or delivery address, specified by purchaser.
4.4 Delivery will take place upon offering the goods at the specified delivery address.
Article 5. Property reservation
5.1 The property of provided articles proceeds when you have paid the chargeable amount.
Article 6. Intellectual and industrial property rights
6.1 All intellectual and industrial property rights which are carried by the articles provided by BesTrade, must be respected entirely and unconditionally.
6.2 BesTrade does not guarantee that the articles provided to you make up no violation with intellectual and/or industrial property rights of third parties.
Article 7. publicities and liability
7.1 Publicities in general and complaints concerning invoices and/or deliveries must be made within eight days after reception of the goods or invoices in writing to BesTrade. After expiration of this period BesTrade will be considered to have complied with its obligations and purchaser acknowledges the matter and invoices to be correctly.
7.2 Publicities never give the right to the purchaser to suspend payments and/or deduct an amounts from the invoice amount.
7.3 Small, or inevitable technical deviations and differences in quality, colour, size or finishing which are common in this line of business and which have no influence on the functionality of the product will have no reason for claims or publicities.
7.4 The purchaser will grant BesTrade the opportunity to repair possible defects.
7.5 Possible return of goods will be done for account and at risk of the purchaser. Return shipments are only accepted if this has been done in consultation with BesTrade. No ‘right of return’ from goods for a credit note is accepted by BesTrade unless specifically agreed upon in advance.
7.6 Software of which the seal has been broken can be never be returned.
7.7 BesTrade is not responsible for indirect damage (which includes companies and/or stagnation damage) which arises from any possible cause. And can be kept never responsible for damage which higher is than the invoice amount of the provided products.
7.8 BesTrade is not responsible, if and as far as its obligations cannot be complied with due to majeure. Under majeure is understood each circumstance which BesTrade could not influence directly or only with extreme effort and/or costs, circumstances, strikes at the supplier and/or manufacturers and other internal and external calamities.
7.9 BesTrade cannot be held responsible in case required European certification(s) appear to be missing due to negligence or wrong information supplied by subject manufacturer.
Article 8. Warranty
8.1 BesTrade is responsible for the quality of its provided goods and services under the condition that the guarantee will not go further than mentioned in the following provisions.
8.2 On delivered goods a guarantee period of 12 months will be granted unless otherwise agreed upon in writing. The guarantee period starts as from the moment on which the goods have been shipped by BesTrade. On possible repair which is carried out by BesTrade or a third party, a three months guarantee period is granted.
8.3 Product errors and defects shown by the purchaser within the guarantee period, which are subject to the guarantee meant by this article, will come at the expense of BesTrade. The costs of the return shipment will come at the expense and responsibility of the purchaser.
8.4 The guarantee expires at: - injudicious or carelessly use, - modifications in hard and software or the use and/or application for which Article is not meant, - with software is meant the installation software which has been provided or which has been installed on goods, - disposal and/or breach of the sealing of the product, - the guarantee does not apply if the lack has been caused by external causes for which BesTrade cannot be held responsible like, accidents, damaging, exposure to water, short circuit and extreme (operation) temperatures.
8.5 Return shipments of defective goods (RMA products) should always be pre registered via the website of BesTrade (digitrading.nl). Return a products must always to be accompanied by the RMA number, (automatically) issued by BesTrade and packed in sufficient protective packaging to prevent the product from damaging.
BesTrade RMA policy is that DOA goods will be replaced by new products. There is no legal definition regarding DOA products. Dead on Arrival products are defined by us as showing no LED activity and the product hardware doesn't respond upon pressing it's buttons. In all other cases, the client of BesTrade returns only the defective unit itsself (e.g. GPS unit, scalarider BT unit etc) without working accessories nor retailbox. These will not be replaced by BesTrade.
8.6 The type -or identification numbers fixed onto the goods by BesTrade or its suppliers are not allowed to be removed, modified or damaged. In case the afore mentioned occurs, the guarantee and liability of BesTrade will expire.
8.7 In the case of non defective returned goods an indemnity will be charged, amounting € 15,00 relating to search costs. The shipping costs from BesTrade to customer will be for the account of the customer.
8.8 End-of-life items which no longer can be replaced and at the end of the term factory warranty, will be refunded up to a maximum of 20% from the original purchase price.
Article 9. orders/communication
9.1 BesTrade is not responsible for any misunderstanding, damage, or delay caused by using internet or other communication methods between you and BesTrade, or between you and the third party, unless it is obvious that BesTrade causes the misunderstanding or damage.
Article 10. Miscellaneous
10.1 You can not require BesTrade to change this general conditions quickly on your demand.
10.2 If one or more conditions does not suit the relevant legal stipulations, BesTrade is obliged to change such condition or add more conditions.
10.3 BesTrade is allowed to use third parties to implement or execute your orders.
10.4 Notwithstanding the legal rights of BesTrade, BesTrade has the right in case of supremacy to suspend or cancel your order, by giving written notice.
Article 11 appropriate right and competent judge
11.1 The general conditions, as well as all rights, obligations, offers, orders and agreements are subject to the Dutch law.
11.2 All disputes ruling between parties are exclusively presented to the competent judge in the Netherlands.