GENERAL TERMS AND CONDITIONS FOR CUSTOMERS OF SCHWARTZ & VON HALEN

Last update: 15-02-2025

1. Identity of the Company 

Schwartz & von Halen B.V.
Keizersgracht 482, 1017EG Amsterdam, Netherlands

Email: info@schwartz-vonhalen.eu
Chamber of Commerce number: 77403398
VAT identification number: NL860997406B01

2. General Terms and Conditions
2.1 These general terms and conditions apply to all offers from Schwartz & von Halen. The conditions are accessible to everyone and available on the Schwartz & von Halen website. Upon request, we will send you a written copy.
2.2 By placing an order, you agree to the delivery and payment conditions. Schwartz & von Halen reserves the right to change its delivery and/or payment conditions after the expiry of the term.
2.3 Unless otherwise agreed in writing, Schwartz & von Halen does not recognize the general or specific conditions or provisions of third parties.
2.4 Schwartz & von Halen guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.

3. Delivery
3.1 Delivery takes place while stocks last.
3.2 In accordance with distance selling regulations, Schwartz & von Halen will process orders within a minimum of 4 days. If this is not possible (because the ordered product is out of stock or no longer available), or there are other delays, or an order can only be executed partially, the consumer will be informed within 3 days after placing the order and has the right to cancel the order without notice of default.
3.3 The delivery obligation of Schwartz & von Halen will, unless proven otherwise, be fulfilled once the items delivered by Schwartz & von Halen have been offered to the consumer once. In case of home delivery, the carrier's report, stating refusal of acceptance, constitutes full proof of the offer to deliver.
3.4 All terms mentioned on the website are indicative. No rights can be derived from the mentioned terms.

4. Prices
4.1 Prices will not be increased within the validity period of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
4.2 All prices on the website are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.
4.3 All prices on the website are in EUROS and include 21% VAT.

5. Reflection period / right of withdrawal
5.1 If there is a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 60 days without giving any reason. This period starts at the moment the ordered items are delivered. If the buyer has not returned the delivered items to Schwartz & von Halen after this period, the purchase is final. The buyer is required to notify Schwartz & von Halen in writing within the 60-day period before returning the items. The buyer must prove that the delivered goods were returned in time, for example, by means of a proof of postal delivery. The return of the items must be in the original packaging (including accessories and accompanying documentation) and in new condition. If the items have been used, encumbered, or damaged in any way, the right to dissolution expires under this clause. Subject to the provisions of the previous sentence, Schwartz & von Halen will ensure that the full purchase amount, including the calculated shipping costs, is refunded to the buyer within 5 days of receiving the return shipment. The return shipment costs are borne by Schwartz & von Halen. The buyer can return their products to the specified return address.

6. Data Management
6.1 If you place an order with Schwartz & von Halen, your data will be recorded in the customer database of Schwartz & von Halen. Schwartz & von Halen complies with the Personal Data Registration Act and will not provide your information to third parties. See our Privacy Policy.
6.2 Schwartz & von Halen respects the privacy of users of the website and ensures the confidential handling of your personal data.
6.3 Schwartz & von Halen uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.

7. Warranty
7.1 Schwartz & von Halen guarantees that the products it delivers meet the standards of usability, reliability, and durability as reasonably intended by the parties in the purchase agreement and thereby stands behind the manufacturer's warranty of the product delivered to you.
7.2 The warranty period of Schwartz & von Halen is 365 days from the day of delivery. However, Schwartz & von Halen is never responsible for the ultimate suitability of the items for every individual application by the customer, nor for any advice regarding the use or application of the items.
7.3 The customer is required to check the delivered goods immediately upon receipt. If it turns out that the delivered item is incorrect, defective, or incomplete, the customer must immediately notify Schwartz & von Halen in writing before returning the item. Any defects or incorrectly delivered goods must be reported in writing to Schwartz & von Halen within a maximum of 2 months after delivery. The return of items must be in the original packaging (including accessories and accompanying documentation) and in new condition. The right to claim and return lapses if the product is used after discovering the defect, if damage occurs after discovering the defect, or if the item is resold or otherwise burdened after discovering the defect.
7.4 If complaints from the customer are found to be justified by Schwartz & von Halen, Schwartz & von Halen will, at its discretion, either replace the delivered items free of charge or reach a written agreement with the customer regarding compensation. However, the liability of Schwartz & von Halen is always limited to the invoice amount of the respective items, or (at the discretion of Schwartz & von Halen) to the maximum amount covered by Schwartz & von Halen’s liability insurance in the respective case. Any liability of Schwartz & von Halen for any other form of damage is excluded, including additional compensation in any form, reimbursement of indirect or consequential damages, or damages due to lost profits.
7.5 Schwartz & von Halen is not liable for damage caused by intent or equivalent deliberate recklessness of non-executive staff.
7.6 This warranty does not apply if: A) the customer is in default with Schwartz & von Halen; B) the customer has repaired and/or modified the delivered goods themselves or has had them repaired and/or modified by third parties; C) the delivered goods have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of Schwartz & von Halen and/or the user manual on the packaging; D) the defect is wholly or partially the result of government regulations regarding the nature or quality of the applied materials.

8. Offers
8.1 Offers are non-binding unless stated otherwise in the offer.
8.2 Upon acceptance of a non-binding offer by the buyer, Schwartz & von Halen reserves the right to withdraw or modify the offer within 3 working days after receipt of the acceptance.
8.3 Verbal commitments bind Schwartz & von Halen only after they have been explicitly confirmed in writing.
8.4 Offers from Schwartz & von Halen do not automatically apply to repeat orders.
8.5 Schwartz & von Halen cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or clerical error.
8.6 Additional agreements, modifications, and/or amendments are only valid if agreed upon in writing.

9. Agreement
9.1 An agreement between Schwartz & von Halen and a customer is established after an order has been assessed for feasibility by Schwartz & von Halen.
9.2 Schwartz & von Halen reserves the right to refuse orders or assignments without stating reasons or to accept them only on the condition that the shipment is made cash on delivery or after prepayment.

10. Images and Specifications
10.1 All images, including photos, drawings, etc., and data regarding weights, dimensions, colors, labels, etc., on the website of Schwartz & von Halen are approximate, indicative, and cannot be grounds for compensation or dissolution of the agreement.

11. Force Majeure
11.1 Schwartz & von Halen is not liable if and to the extent that its obligations cannot be fulfilled due to force majeure.
11.2 Force majeure is defined as any external cause, as well as any circumstance that should not reasonably be at its risk. This includes delays or failures by suppliers, internet disruptions, power outages, email failures, technological changes by third parties, transportation difficulties, strikes, government measures, supply chain delays, negligence of suppliers and/or manufacturers, as well as supporting staff, employee illness, or defects in auxiliary or transport means.
11.3 Schwartz & von Halen reserves the right in the event of force majeure to suspend its obligations and is also entitled to dissolve the agreement in whole or in part or to demand that the agreement be modified to allow execution. Schwartz & von Halen is never liable for penalties or damages.
11.4 If Schwartz & von Halen has already partially fulfilled its obligations at the onset of force majeure, or can only partially fulfill its obligations, it is entitled to separately invoice the part already delivered or deliverable, and the customer is required to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

12. Liability
12.1 Schwartz & von Halen is not liable for damage to vehicles or other objects caused by improper use of the products. Read the instructions on the packaging and/or consult our website before use.
12.2 The use of leather gel is strongly discouraged for suede gloves, as they are not suitable for it. This is stated on the leather gel packaging and product page. Schwartz & von Halen cannot be held liable for damage to suede gloves caused by the consumer’s use of leather gel.

13. Retention of Ownership
13.1 Ownership of all goods sold and delivered by Schwartz & von Halen to the customer remains with Schwartz & von Halen until the customer has fulfilled all obligations under the agreement or previous or subsequent similar agreements, including any outstanding work performed or to be performed and any claims for penalties, interest, and costs.
13.2 The items delivered by Schwartz & von Halen that are subject to retention of ownership may only be resold as part of normal business operations and may never be used as a means of payment.
13.3 The customer is not authorized to pledge or encumber the goods subject to retention of ownership in any way.
13.4 The customer hereby grants unconditional and irrevocable permission to Schwartz & von Halen or a third party designated by Schwartz & von Halen to enter all locations where its property is located in order to reclaim the goods in all cases where Schwartz & von Halen wishes to exercise its ownership rights.
13.5 If third parties seize goods delivered under retention of ownership or wish to establish or enforce rights on them, the customer is obliged to inform Schwartz & von Halen as soon as reasonably possible.
13.6 The customer is obliged to insure and keep insured the goods delivered under retention of ownership against fire, explosion, water damage, and theft and to provide the insurance policy for inspection upon first request by Schwartz & von Halen.

14. Applicable Law / Competent Court
14.1 All agreements are subject to Dutch law.
14.2 Disputes arising from an agreement between Schwartz & von Halen and the buyer that cannot be resolved amicably will be settled by the competent court in the Amsterdam district, unless Schwartz & von Halen prefers to submit the dispute to the competent court in the buyer’s place of residence, except for disputes falling under the jurisdiction of the subdistrict court.