Terms and conditions
Article 1 - Scope of application
In these terms and conditions and on the website, 'Orbital Europe' means:
The general partnership with limited liability, Orbital Europe VOF;
having its registered office in Amsterdam, the Netherlands;
office located at the address:
1064 TE Amsterdam
Phone number: +31 6 84626959
Email address: [email protected];
Trade Register registration number: 76906868
VAT number: NL860835236B01.
These general terms and conditions apply to any concluded distance contract - via, for example, an order placed by the customer (hereinafter: "purchaser") with Orbital Europe via www.ledwinkel-online.nl- and delivery between Orbital Europe and the purchaser. A reference by the buyer to its own general or purchase conditions and their applicability is expressly rejected by Orbital Europe.
By placing an order, the buyer accepts to be bound by these general terms and conditions and declares to have read and understood them.
The general terms and conditions can be sent upon request, and the terms and conditions can also be consulted at any time on the aforementioned website.
Article 2 - Conclusion of the agreement
The agreement is concluded at the moment of receipt by Orbital Europe of the acceptance of the offer by the purchaser by placing an order with Orbital Europe.
Orbital Europe immediately confirms the receipt of the acceptance of the offer to the purchaser electronically. As long as the receipt of this acceptance has not been confirmed, the purchaser may dissolve the agreement.
Orbital Europe reserves the right not to accept orders without giving reasons.
The purchaser who provides (name and address) data within the framework of the agreement guarantees that these are correct, complete and up-to-date. The buyer has the duty to immediately report inaccuracies in payment data provided or mentioned to Orbital Europe.
Article 3 - Prices and payment
The prices mentioned in the offer of products are (unless stated otherwise) including VAT and in Euro, and are subject to printing and typesetting errors. The prices do not include shipping costs, which are stated separately with the products.
The prices mentioned in the previous paragraph shall not be increased by Orbital Europe after the conclusion of the agreement, unless statutory measures make this necessary or if the manufacturer/(supplier) implements interim price increases. The buyer is in that case entitled to dissolve the agreement by a written statement towards Orbital Europe.
For payment, use can be made of the payment options listed on the website and under the conditions specified therein.
Orbital Europe can inform itself whether the buyer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of an agreement. If on the basis of this investigation Orbital Europe has grounds not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution.
If you are a new customer, we will do a credit check when ordering on account. This may result in a delay in the shipment of your order.
Article 4 - Images and specifications
All images of products as well as corresponding specifications, sizes and data as shown on Orbital Europe's website are only approximate. The product ultimately delivered to the purchaser may deviate from these images or specifications to a certain extent in terms of color, dimensions, etc. This does not mean that the product does not comply with the agreement.
Obvious mistakes or errors with regard to paragraph 1 of this article and the provisions of Article 3 paragraph 1 do not bind Orbital Europe.
Article 5 - Delivery
Orbital Europe will take the greatest possible care when receiving and executing orders. The delivery times mentioned here and on the website are indicative. No rights may be derived by the buyer from these indications and they are not fatal.
The place of delivery is the address made known to Orbital Europe by the purchaser. Unless otherwise agreed in writing, Orbital Europe only delivers to specified physical addresses within Europe or what is indicated on our website. An order for delivery to an address outside Europe will not be executed.
Orbital Europe is entitled to deliver in parts (partial deliveries), which it may invoice separately.
Orbital Europe will execute accepted orders with due speed after the conclusion of the agreement, but at the latest within 30 days thereafter. If delivery is delayed beyond these 30 days, the purchaser will be notified as soon as possible after Orbital Europe has taken note of this. Orbital Europe shall then be in default if it has been given notice of default by the purchaser by means of a reminder whereby Orbital Europe is granted another reasonable period to deliver, and if even then performance fails to occur. In that case, the buyer is entitled to dissolve the contract (in part) without costs. A different delivery period may also be agreed upon or it may be agreed to deliver a different product.
If an order cannot or can only be partially carried out, the purchaser will be notified of this as soon as possible after Orbital Europe has taken notice. The purchaser in that case has the right to dissolve the agreement (in part) without costs.
In case of dissolution in accordance with paragraphs 4 and 5, Orbital Europe will refund any amounts paid by the buyer to Orbital Europe as soon as possible. The buyer is not entitled to compensation for damages.
The risk of the products rests with Orbital Europe until the moment of delivery to the buyer, unless expressly agreed otherwise.
Article 6 - Reflection period and/or right of withdrawal
The purchaser has 14 days after receipt of the product by him or a third party designated by him (not the carrier) to dissolve the agreement without giving reasons. This period commences on the day after the product, or in the case of a partial delivery after all products/parts of the order, have been received by or on behalf of Buyer.
In order to exercise the right of withdrawal, the purchaser must inform Orbital Europe of its decision via an unambiguous statement (e.g. in writing by post, fax or e-mail). Buyer may use the model withdrawal form included in these terms and conditions under Annex 1 for this purpose, but is not obliged to do so. Buyer can complete this model form or another clearly worded statement and send it to [email protected], or can use the return request on Orbital Europe's website.
Buyer must then return the products as soon as possible - but at the latest within 14 days after issuing the statement mentioned under paragraph 2 - in the manner indicated by Orbital Europe.
Return of the products must be sent by registered mail in the original packaging (including accessories and related documentation), with the original or similar protective material and in the condition in which the buyer received them, i.e. undamaged and undamaged. Direct costs of returning the products shall be borne by the buyer.
Buyer will handle the products and packaging carefully during the reflection period. He will only unpack or use the products to the extent necessary to assess whether he wishes to keep the product. The Buyer shall only be liable for the diminished value of the products resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the products.
Orbital Europe will refund the amounts paid by the buyer (including initial delivery costs) after a successful withdrawal, within 14 days from the day of receipt of the declaration mentioned under paragraph 2. Orbital Europe may hereby wait with the refund until it has received back all products, or until the buyer has proven that he has returned the products, whichever time comes first.
If the purchaser has chosen a more expensive method of initial delivery than the least expensive standard delivery, Orbital Europe shall not be required to refund the additional costs for the more expensive method.
Article 7 - Retention of title
If applicable, Orbital Europe retains title to all products delivered by Orbital Europe until the moment of full payment of the price of all products delivered or to be delivered by Orbital Europe to the buyer (including any interest and/or costs due), pursuant to the agreement concerned or previous or subsequent similar agreements.
Article 8 - Warranty and conformity
Orbital Europe guarantees that the products it delivers meet the legal requirements of usability, reliability and lifespan as reasonably intended by the parties to the agreement.
As far as possible, the buyer is obliged to immediately check (or have checked) the delivered product(s) upon receipt. If it turns out that the delivered product is wrong, faulty or incomplete, the buyer must (before proceeding to return) report these defects to Orbital Europe as soon as possible after discovery through the means indicated on the website. Any defects or wrongly delivered products must be reported to Orbital Europe in writing, in case of a consumer purchase within 2 weeks (possibly in certain cases within 2 months at the latest) after discovery and in all other cases within a reasonable time after discovery or after this should reasonably have been discovered. Any return of the products must take place by registered mail in the original packaging (including accessories and accompanying documentation), in the condition in which the buyer received them and in the manner indicated by Orbital Europe.
If it appears that the delivered product(s) do not comply with the agreement, Orbital Europe will replace or repair the delivered product(s) free of charge or make a written arrangement with the buyer about compensation.
The buyer cannot appeal to the guarantee referred to in paragraph 1 if the delivered product(s) have been exposed to abnormal conditions, if the buyer has not taken care of them as a careful debtor or if these products have been treated contrary to the instructions of Orbital Europe and/or the user manual or if the buyer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties.
Article 9 - Liability
Any liability of Orbital Europe for damages is excluded, including additional compensation in any form whatsoever, compensation of indirect or consequential damages or damages for loss of profit (suffered by the buyer and/or third parties), except in case of intent or gross negligence on the part of Orbital Europe.
Orbital Europe is not liable for errors and/or negligence on the part of its suppliers or auxiliary persons.
If the buyer for whatever reason, through no fault of Orbital Europe, cannot or has not been able to take delivery of a product because the requirements of art. 2 paragraph 4 have not been met, Orbital Europe is not liable for the resulting damage and is not obliged to deliver a replacement product.
The liability of Orbital Europe and therefore the amount of compensation is always limited to at most the invoice amount of the relevant products or (at the discretion of Orbital Europe) to the maximum in the relevant case by the liability insurance of Orbital Europe paid to her.
The provisions of this article do not affect the legal liability of Orbital Europe pursuant to mandatory statutory provisions.
Article 10 - Complaints procedure
Complaints about the execution of the agreement must be reported to Orbital Europe within reasonable time, fully and clearly described via [email protected], telephone or live chat, after the purchaser has identified the defects.
Complaints submitted to Orbital Europe will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Orbital Europe will respond within this period with a notice of receipt and an indication of when the buyer can expect a more detailed answer.
Article 11 - Non-consumer purchase
The following clauses of these terms and conditions explicitly do not apply insofar as it concerns a contract concluded with a purchaser acting in the exercise of a profession or business:
Art. 2 paragraph 2 concerning the right of rescission;
Art. 3 par. 2 concerning the right of rescission in case of an increase of the purchase price;
Art. 5 par. 4 concerning the maximum delivery period of 30 days;
Art. 6 paragraph 1 concerning the mentioned right of withdrawal;
Art. 8 paragraph 3 concerning repair and replacement.
Article 12 - Other provisions
If any provision of these terms and conditions is declared void or non-binding, the other provisions will remain in force and an alternative provision will be agreed in mutual consultation that corresponds as closely as possible to the old provision.
The Vienna Sales Convention is not applicable.
Dutch law applies exclusively to all agreements between Orbital Europe and the purchaser to which these terms and conditions relate.
The Amsterdam District Court has exclusive jurisdiction to hear disputes between Orbital Europe and the purchaser, unless Orbital Europe prefers to submit the dispute to the competent court of the purchaser's place of residence.
Orbital Europe VOF. 2022
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