GENERAL TERMS AND CONDITIONS HYDROSEALS

Article 1. Definitions
In these general terms and conditions, the following definitions apply:

Order: any order placed by a Customer with Hydroseals, in whatever form;

Consumer: the Customer who acts as a natural person outside the purposes of his/her company to which Hydroseals sells and/or supplies Products and to whom Hydroseals provides Services;

Hydroseals or We or Us: the company Hydroseals with limited liability under Dutch law;

Customer, You/You/You or Your: any natural or legal person with whom Hydroseals enters into an Agreement or provides Services;

Agreement: any agreement entered into in writing and signed between Hydroseals and a Customer, including these Terms and Conditions, and any amendments thereto;

Products: all goods wich are the subject of an Agreement;

Services: all services that Hydroseals provides to the Customer;

Article 2. Applicability
The present terms and conditions apply to all actions and legal transactions of Hydroseals and customers.

Applicability of general terms and conditions applied by the Customer is explicitly dismissed by Hydroseals.

Identity of Hydroseals:
Hydroseals, Heusing 4C, 4817 ZB Breda, The Netherlands
Contact: info@hydroseals.nl, tel. +31 (0) 162 - 24 90 49
NL Chamber of Commerce: 93481357

Article 3. Product descriptions and quotations
Hydroseals will exercise due care in informing the Customer of the data, weights, characteristics and other information applicable to the Products, but cannot guarantee that they will be free from defects. Specifications shown or made available are only indications of the Products in question. If the Customer can demonstrate that the Products supplied by Hydroseals differ materially from the information provided by Hydroseals, the Customer has the right to terminate the Agreement within a reasonable period of time after the delivery of the Product, but to the extent that such termination is reasonably necessary and without Hydroseals being held liable for any damage.

If a quotation or (price) offer has a limited period of validity or is made under special conditions, this will be expressly stated in the quotation.

A quotation or (price) offer shall not be binding on Hydroseals and shall qualify as an invitation to the Customer to place an Order.

Article 4. Agreements
An Agreement shall become effective to the extent that Hydroseals accepts an Order from a Customer in writing or if Hydroseals executes an Order in writing. If Hydroseals performs work for the Customer at the request of the Customer before an Agreement comes into effect, the Customer will reimburse Hydroseals for it at the usual Hydroseals rates payable from receipt of an invoice.

Within legal frameworks, Hydroseals can inform itself whether the Customer can meet its payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, Hydroseals has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

Upon acceptance of an Order, Hydroseals shall at any time have the right to cancel such Order prior to delivery without liability, without giving any reason after the Order has been accepted. In this case, Hydroseals is not obliged to refund more than any advance payments already made by the Customer.

ARTIKEL 5. Return policy and Right of Withdrawal
If the Customer is a Consumer who has purchased a Product, the Product may be returned in its original packaging within 14 (fourteen) days of purchase.

The Consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of 14 (fourteen) days without stating reasons, without additional costs.

The withdrawal period expires after 14 (fourteen) calendar days after the day that You, other than the carrier, physically take delivery of the Products. If the Products are delivered in several partial lots, the withdrawal period will expire after 14 (fourteen) calendar days after the day that You physically take delivery of the last shipment/lot.

The consumer has no right of withdrawal if the Products are products manufactured according to the specifications of the Consumer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person;
sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
products that are irrevocably mixed with other products after delivery by their nature.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.

During the refelction period, the Consumer will handle the Product and the packaging with care. He will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the Consumer may only handle and inspect the product as he would be allowed to do in a store.

If the Consumer makes use of his right of withdrawal, he will report this unambiguously to Hydroseals within the reflection period. We will send you a confirmation of withdrawal.

Hydroseals uses the same payment method that the Consumer has used for reimbursement, unless the Consumer agrees to another method. The refund is free of charge for the Consumer.

If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Hydroseals will not have to reimburse the additional costs for the more expensive method.

ARTIKEL 6. Prices
All Hydroseals prices are in EUR, unless expressly stated otherwise.

Prior to delivery, any change of factors having an impact on the prices of Hydroseals, including but not limited to rates of third parties, currency exchange rates, import and export duties and any other charges payable upon importation or exportation, freight charges and other charges, levies or taxes, may be charged on to the Customer by Hydroseals.

ARTIKEL 7. Warranty
Hydroseals guarantees that the Products and/or Services comply with the Agreement, with the reasonable requirements of reliability and/or usability and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

If Hydroseals supplies to the Customer Products that Hydroseals has obtained from its own suppliers, Hydroseals cannot at any time be required by the Customer to comply with any warranty or be held liable which extends beyond what Hydroseals can claim from its own supplier.

Any defects or incorrectly delivered Products must be reported to Hydroseals in writing within 2 months after delivery. The Products must be returned in the original packaging and in new condition.

The warranty period of Hydroseals corresponds to the manufacturer's warranty period. However, Hydroseals is never responsible for the ultimate suitability of the products for each individual application by the Customer, nor for any advice regarding the use or application of the products.

The warranty does not apply if: - the Customer has repaired and/or modified the delivered Products himself or has had them repaired and/or processed by third parties; - the delivered Products have been exposed to abnormal conditions or are otherwise carelessly handled or are contrary to the instructions and/or have been treated on the packaging; - the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

ARTIKEL 8. Delivery
The delivery period indicated by Hydroseals shall be based on the circumstances applicable to Hydroseals at the time the Agreement is entered into and, to the extent dependent on performance by third parties, on the information that those third parties provided to Hydroseals. All delivery dates are estimates only.

Unless otherwise provided in this document, the delivery period shall commence on the date of Hydroseals' written Order Confirmation. However, if Hydroseals requires additional information from the Customer to fulfill the Order, the delivery period will commence on the date Hydroseals has all necessary information and resources in place, but no earlier than the date of the written Order Confirmation.

If the Customer does not collect the Products he/she has ordered and does not do so quickly, he/she will remain in default without the need for a written notice of default. In such a situation, Hydroseals has the right to store the Products at the expense and risk of the Customer, and may sell them to a third party. The Customer remains liable for the purchase price and additional interest and costs (as compensation) after deducting the net proceeds of any such sale to a third party.

The Customer shall not be entitled to claim any compensation in the event of an overdue delivery period. Neither shall the Customer be entitled to dissolve the Agreement in such an event, unless the Customer is considered to be a Consumer. Consumers have the right to dissolve the Agreement after they have requested to deliver within a reasonable timeframe or such timeframe as provided by law and Hydroseals was not able to deliver within that reasonable period or timeframe as provided by law.

After dissolution in accordance with the previous paragraph, Hydroseals will immediately refund the amount paid by the Consumer.

Hydroseals shall at all times be entitled to deliver in part-consignments.

ARTIKEL 9. Payment
Insofar as not provided otherwise in the Agreement or additional conditions, the amounts owed by the Customer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the Customer has received confirmation of the Agreement.

The Customer has the obligation to immediately report inaccuracies in payment details provided or stated to Hydroseals.

If the customer does not fulfill his payment obligation(s) in time, after he has been notified by Hydroseals of the late payment and Hydroseals has granted the customer a period of 14 days to still meet his payment obligations, after failure of payment within this 14-day period, the statutory interest will be owed on the amount still due and Hydroseals is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500,-; 10% on the next € 2.500,- and 5% on the next € 5.000,- with a minimum of € 40,-. Hydroseals may deviate from the stated amounts and percentages in favor of the Customer.

ARTIKEL 10. Retention of title
Other than the actual delivery date, title to the Products shall not be transferred to the Customer until he/she has paid to Hydroseals the full outstanding amount of the Products, including the purchase price, fees, interest, taxes and charges payable in accordance with the Terms or an Agreement that has been or will be granted in relation to the Products.

If the Customer acts contrary to the provisions of this article or if Hydroseals invokes the retention of title, Hydroseals and its employees have the irrevocable right to enter the Customer's premises and take back the products delivered under retention of title. All this without prejudice to Hydroseals' right to compensation for damage, lost profit and interest and the right to dissolve the agreement without further notice of default by means of a written statement.

In the event of seizure, confiscation, bankruptcy, involuntary liquidation or a (provisional) suspension of payments, the Client must immediately inform the administrator, liquidator or bailiff handling the confiscation, seizure or attachment of the property rights of Hydro seals.

ARTIKEL 11. Complaints procedure
Complaints submitted to Hydroseals will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Hydroseals will respond within the period of 14 days with a notification of receipt and an indication when the Customer can expect a more detailed answer.

The Customer shall not be entitled to return any Products to Hydroseals before Hydroseals has approved such return in writing. The Products remain at the risk of the Customer until Hydroseals has received them.

ARTIKEL 12. Privacy
We care about Your privacy. In the performance of this agreement we process and safeguard Your personal data according to our Privacy Policy. See www.hydroseals.nl.

ARTIKEL 13. Applicable law, competent court
The law of the Netherlands shall be applicable to the present Terms and to all other Agreements.

In favour of Consumers, more favourable mandatory national law provisions remain unaffected.

Any disputes will be submitted to the competent court in the place where Hydroseals is located, although Hydroseals always retains the authority to submit the dispute to the competent court in the place where the Customer is located.

ARTIKEL 14. Amendment of Terms
Unless otherwise provided herein, these Terms may be amended on the part of Hydroseals by notification to Client. Except as otherwise provided herein or therein, the amended Terms shall apply to all new Agreements as of the day of notification as well as to all current Agreements if and insofar as these are to be carried out after the day of notification. With respect to any websites referred to in these Terms we may revise and update such sites from time to time in our sole discretion. Unless otherwise provided in such websites, all changes are effective immediately when we post them, and apply to all access to and use of the applicable website thereafter. Unless otherwise provided in the website, Your continued use of the website following the posting of revised terms means that You accept and agree to the changes. You are expected to check applicable websites from time to time so You are aware of any changes, as they are binding on You.