Terms of service

Article 1 - Scope

‘Orbital Europe’ in these terms and conditions and on the website means:
The general partnership with limited liability, Orbital Europe VOF.;
statutorily established in Amsterdam, Netherlands;

with office at:
Oranjestraat 4
1441 GN Purmerend
Netherlands

Phone number: 0641006283
Email address: [email protected];
Registration in the Trade Register with Chamber of Commerce number: 76906868
VAT number: NL860835236B01.

These general terms and conditions apply to every distance agreement concluded – for example, by an order placed by the customer (hereinafter: “buyer”) with Orbital Europe via www.ledwinkel-online.nl – and delivery between Orbital Europe and buyer. Any reference by the buyer to their own general or purchasing conditions and their applicability is explicitly rejected by Orbital Europe.

By placing an order, the buyer accepts to be bound by these general terms and conditions and declares that they have read and understood them.

The general terms and conditions can be sent on request and can also be consulted at any time on the above-mentioned website.

Article 2 – Formation of the agreement

The agreement is concluded at the moment Orbital Europe receives the acceptance of the offer by the buyer, by placing an order with Orbital Europe.

Orbital Europe promptly confirms receipt of the acceptance of the offer electronically to the buyer. Until this receipt is confirmed, the buyer can dissolve the agreement.

Orbital Europe reserves the right not to accept orders without giving reasons.

The buyer who provides (name and address) data in the context of the agreement guarantees that these are correct, complete, and up to date. The buyer is obliged to immediately report any inaccuracies in provided or stated payment details to Orbital Europe.

Article 3 – Prices and payment

Prices stated in the product offer are (unless otherwise stated) including VAT and in Euro, subject to printing and typesetting errors. Prices exclude shipping costs, which are separately indicated with the products.

Prices mentioned in the previous paragraph will not be increased by Orbital Europe after concluding the agreement, unless legal measures make this necessary or if the manufacturer/supplier implements interim price increases. In that case, the buyer is entitled to dissolve the agreement by a written statement to Orbital Europe.

Payment can be made using the payment methods listed on the website under the specified conditions.

Orbital Europe may verify whether the buyer can meet their payment obligations, as well as all facts and factors relevant for responsibly entering into an agreement. If Orbital Europe has grounds based on this investigation to refuse the agreement, it is entitled to refuse an order or application or attach special conditions to the execution.

If you are a new customer, we perform a credit check when ordering on account. This may delay the shipment of your order.

Article 4 – Images and specifications

All product images as well as accompanying specifications, dimensions, and data shown on Orbital Europe’s website are approximate. The product ultimately delivered to the buyer may differ somewhat in color, size, etc., from these images or specifications. This does not imply that the product does not comply with the agreement.

Obvious mistakes or errors regarding paragraph 1 of this article and article 3 paragraph 1 do not bind Orbital Europe.

Article 5 – Delivery

Orbital Europe will exercise the greatest care when receiving and executing orders. The delivery times mentioned here and on the website are indicative. The buyer cannot derive rights from these indications and they are not fatal deadlines.

The place of delivery is the address the buyer has communicated to Orbital Europe. Unless otherwise agreed in writing, Orbital Europe only delivers to specified physical addresses within Europe or as indicated on our website. Orders for delivery outside Europe will not be executed.

Orbital Europe is entitled to deliver in parts (partial deliveries), which it can invoice separately.

Orbital Europe will execute accepted orders with appropriate urgency after concluding the agreement, but no later than 30 days thereafter. If delivery is delayed beyond these 30 days, the buyer will be informed as soon as Orbital Europe becomes aware. Orbital Europe is in default when the buyer has put Orbital Europe in default by a reminder granting a reasonable period to deliver, and delivery still fails. The buyer then has the right to dissolve the agreement without costs (partially). Another delivery period can also be agreed or another product can be delivered.

If an order cannot be executed or only partially executed, the buyer will be informed as soon as Orbital Europe becomes aware. The buyer then has the right to dissolve the agreement without costs (partially).

In case of dissolution according to paragraphs 4 and 5, Orbital Europe will refund any amounts paid by the buyer as soon as possible. The buyer has no right to compensation.

The risk of the products rests with Orbital Europe until delivery to the buyer, unless expressly agreed otherwise.

Article 6 - Cooling-off period and right of withdrawal

The buyer has 14 days after the product is received by them or a third party designated by them (not the carrier) to dissolve the agreement without giving reasons. This period starts the day after the product, or in case of partial delivery after all products/parts of the order, are received by or on behalf of the buyer.

To exercise the right of withdrawal, the buyer must inform Orbital Europe via an unambiguous statement (e.g., in writing by post, fax, or email) of their decision. The buyer can use the model withdrawal form included in these terms under Annex 1 but is not obliged to do so. The buyer can fill in and send this form or another clear statement via [email protected] or use the return request on Orbital Europe’s website.

The buyer must then return the products as soon as possible – but no later than 14 days after making the statement mentioned in paragraph 2 – in the manner indicated by Orbital Europe.

Return shipment must be by registered mail in the original packaging (including accessories and accompanying documentation), with the original or similar protective material and in the condition in which the buyer received them, i.e., intact and undamaged. Direct costs of returning the products are borne by the buyer.

During the cooling-off period, the buyer will handle the products and packaging carefully. They will only unpack or use the products to the extent necessary to assess whether they wish to keep the product. The buyer is only liable for depreciation of the products resulting from use beyond what is necessary to determine the nature, characteristics, and functioning of the products.

Orbital Europe will refund the amounts paid by the buyer (including initial delivery costs) within 14 days after receiving the statement mentioned in paragraph 2. Orbital Europe may wait with the refund until it has received all products or the buyer has demonstrated that they have returned the products, whichever occurs first.

If the buyer chose a more expensive delivery method than the cheapest standard delivery, Orbital Europe does not have to refund the additional costs for the more expensive method.

Article 7 - Retention of title

If applicable, Orbital Europe retains ownership of all products delivered until full payment of the price of all products delivered or to be delivered by Orbital Europe to the buyer (including any due interest and/or costs) under the relevant agreement or earlier or later similar agreements.

Article 8 - Warranty and conformity

Orbital Europe guarantees that the products it delivers comply with 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 the delivered product(s) upon receipt. If it appears that the delivered product is incorrect, defective, or incomplete, the buyer must report these defects as soon as possible after discovery to Orbital Europe via the method stated on the website before returning the product. Any defects or wrongly delivered products must be reported in writing to Orbital Europe, in case of consumer purchase within 2 weeks (possibly in certain cases within 2 months) after discovery and in all other cases within a reasonable time after discovery or after it should reasonably have been discovered. Any return shipment must be by registered mail in the original packaging (including accessories and accompanying documentation), in the condition in which the buyer received them and as 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 regarding compensation.

The buyer cannot invoke the warranty referred to in paragraph 1 if the delivered product(s) have been exposed to abnormal circumstances, if the buyer has not taken care of them as a careful debtor, or if the products have been treated contrary to Orbital Europe’s instructions and/or the user manual, or if the buyer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.

Article 9 – Liability

Any liability of Orbital Europe for damages is excluded, including additional compensation of any kind, compensation for indirect or consequential damages or loss of profit (suffered by buyer and/or third parties), except in cases of intent or gross negligence by Orbital Europe.

Orbital Europe is not liable for errors and/or omissions by its (sub)suppliers or auxiliaries.

If the buyer for any reason outside Orbital Europe’s control cannot or could not take delivery of a product because the requirements of article 2 paragraph 4 were not met, Orbital Europe is not liable for damages and is not obliged to deliver a replacement product.

The liability of Orbital Europe and thus the amount of damages is always limited to the invoice amount of the relevant products, or (at Orbital Europe’s choice) to the maximum amount paid out by Orbital Europe’s liability insurance in the relevant case.

The provisions in this article do not affect Orbital Europe’s statutory liability under mandatory provisions.

Article 10 – Complaints procedure

Complaints about the execution of the agreement must be reported fully and clearly within a reasonable time via [email protected], telephone, or live chat to Orbital Europe after the buyer has discovered the defects.

Complaints submitted to Orbital Europe will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, Orbital Europe will respond within this period with an acknowledgment 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 explicitly do not apply insofar as the agreement is concluded with a buyer acting in the exercise of a profession or business:

Article 2 paragraph 2 regarding the right of dissolution;

Article 3 paragraph 2 regarding the right of dissolution in case of price increase;

Article 5 paragraph 4 regarding the maximum delivery period of 30 days;

Article 6 paragraph 1 regarding the stated right of withdrawal;

Article 8 paragraph 3 regarding repair and replacement. 

Article 12 – Other provisions

If any provision of these terms is declared null or non-binding, the other provisions remain in force and an alternative provision will be agreed upon in mutual consultation that corresponds as much as possible to the old provision.

The Vienna Sales Convention does not apply.

Dutch law exclusively applies to all agreements between Orbital Europe and buyer to which these terms relate.

The Amsterdam District Court has exclusive jurisdiction to hear disputes between Orbital Europe and buyer, unless Orbital Europe prefers to submit the dispute to the competent court of the buyer’s place of residence.

Disclaimer

Orbital Europe VOF. 2024