Terms & conditions
1. Definitions
Seller: Maxodeals
Buyer: Any business or professional client
Agreement: Any legally binding arrangement between buyer and seller
2. Applicability
These terms apply to all offers and agreements unless otherwise agreed in writing. Conflicting terms from buyer are only valid if accepted explicitly. Invalid clauses do not affect the validity of others.
3. Offers and quotations
All offers are non-binding and valid for 14 days unless stated. Prices exclude VAT, shipping, and packaging. Delivery times are indicative. No rights may be derived from verbal or visual representations unless confirmed in writing.
4. Execution of the agreement
An agreement is effective once confirmed in writing. seller may engage third parties. buyer must provide accurate, timely data. Delays due to buyer’s omissions are at their expense. seller may deliver and invoice in stages.
5. Delivery
Delivery begins when the agreement is effective and all necessary items (data, permits, prepayments) are received. Delivery is ex works unless otherwise agreed. Risk transfers to buyer at delivery. Refusal or delay in accepting goods permits seller to store at buyer s risk.
6. Samples and models
Samples and visuals serve as indications unless explicitly agreed otherwise. Technical specs and dimensions are binding only if contractually included.
7. Inspection and complaints
buyer must inspect goods upon delivery. Visible defects must be reported within 3 days; hidden defects within 7 days. Complaints must be justified and in writing. Goods must remain unaltered until inspected. Unjustified complaints may incur costs.
8. Pricing and return costs
seller may adjust prices due to market changes. Prices exclude VAT and additional costs unless otherwise stated. Incorrect orders returned by buyer are subject to an 20% fee (min. €25). Returns only accepted within 7 days if product and packaging are undamaged.
9. Changes to the agreement
Changes must be agreed mutually. Amendments may affect delivery times or prices. seller must inform buyer of these effects. seller may not charge additional costs if changes are due to their own fault.
10. Payment
Payment must be made within agreed terms. Late payment results in statutory interest plus 3%. In insolvency or attachment cases, all claims are immediately due. Payments are allocated first to costs, then interest, then principal.
11. Retention of title
All goods remain the property of seller until full payment is received. Products cannot be pledged, resold in sanctioned countries, or encumbered. buyer must safeguard seller’s rights and insure goods adequately. seller may retrieve unpaid goods.
12. Warranty
seller guarantees goods are free from defects and usable for normal purposes for 3 months. buyer must report issues within 30 days of discovery. seller may refund or replace items at their discretion. Warranty voids if products are misused or modified.
13. Collection costs
All reasonable legal and extrajudicial collection costs are for buyer’s account per Dutch standards (Voorwerk II). Higher actual costs are chargeable if justified.
14. Suspension and termination
seller may suspend or terminate the agreement if buyer fails to fulfill obligations, does not provide security, or if execution becomes unreasonable. Claims become due immediately upon termination. seller retains the right to claim damages.
15. Return of items
Items provided to buyer must be returned within 30 days in original condition. Failure to do so may result in replacement costs.
16. Liability
seller’s liability is limited to warranty obligations. No liability for indirect or consequential damages unless caused by intent or gross negligence. buyer indemnifies seller from third-party claims relating to data or goods provided.
17. Sanctions
buyer must comply with all international sanctions. Breach entitles seller to immediate termination. buyer indemnifies seller from related consequences.
18. Risk transfer
Risk passes to buyer when goods are delivered or made available.
19. Force majeure
seller is not liable for failure to perform due to unforeseen external causes. If the situation lasts over 2 months, either party may terminate the agreement. Work already delivered must be paid proportionally.
20. Indemnity
buyer indemnifies seller from third-party claims due to buyer’s actions. buyer must assist in legal matters and cover costs if defaulting.
21. Intellectual property
All documents, designs, software, and files remain seller’s property. They may not be reproduced or shared without permission. buyer may not use knowledge or data beyond the agreement.
22. Confidentiality
Both parties must keep all confidential information secret unless disclosure is legally required.
23. Staff clause
buyer may not employ or contract seller’s employees or subcontractors during the agreement or one year after, without written approval.
24. Legal jurisdiction
Dutch law applies. Disputes must be submitted to the competent court in seller’s jurisdiction (Roosendaal), unless mandatory law dictates otherwise. The Vienna Sales Convention does not apply.
25. Filing and validity
These conditions are filed with the Chamber of Commerce Breda. The latest version at the time of agreement applies.
Additional terms
26. Prices and offers
All prices include VAT. Shipping and packaging are additional unless stated.
27. Complaints
consumer-buyers must report all defects in writing within 30 days of delivery.
28. Payment
Payment is due at order unless otherwise agreed. Late payment may trigger formal notices and collection fees per Dutch law.
29. Right of withdrawal
consumer-buyers may withdraw within 30 days unless goods are customized. Return costs are borne by the consumer. Refunds issued within 30 days. Goods must be returned in original condition.
30. Liability
seller’s liability is limited to the purchase amount unless gross misconduct applies. No liability for indirect damages or lost profits.
31. Disputes
Disputes with consumer-buyers are submitted to seller’s local court, unless legally otherwise determined.
