Terms and Conditions
Terms and Conditions of Surface Protection Europe B.V. for businesses and consumers.
We, Surface Protection Europe B.V., would like to inform you that these terms and conditions consist of 2 parts. The terms and conditions listed in Part 1 apply only to B2B customers. The terms and conditions applicable exclusively to B2C customers can be found in the second part.
For important information regarding the use of this website, including possible typographical errors or technical malfunctions, please refer to the relevant provisions in these Terms and Conditions.
Part 1 – B2B:
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Table of Contents
Article 1: Definitions
Article 2: Identity of the entrepreneur
Article 3: Applicability of the terms and conditions
Article 4: Privacy & Personal Data
Article 5: Agreement
Article 6: The offer
Article 7: The price
Article 8: Payment
Article 9: Right of withdrawal
Article 10: Exercise of the right of withdrawal by the purchaser
Article 11: Obligations of the entrepreneur in case of withdrawal
Article 12: Delivery and pickup options
Article 13: Deviations
Article 14: Continuing transactions
Article 15: Fulfilment of the agreement and warranty
Article 16: Complaints procedure
Article 17: Liability
Article 18: Additional or deviating provisions
Article 19: Intellectual property rights
Article 1: Definitions
If a word or term used in these terms and conditions is unclear to the reader, the reader must consult the definitions below to avoid misunderstandings. If a word or term is not specifically defined, the reader may contact the entrepreneur for further clarification.
1. Entrepreneur:
The entrepreneur refers to: Surface Protection Europe B.V., as described in Article 2.
2. Purchaser:
The purchaser refers to: any natural person or legal entity that enters into an agreement with the entrepreneur or to whom the entrepreneur makes an offer, regardless of whether this person acts as a consumer or in the course of their profession or business.
3. Agreement:
The agreement refers to: an agreement between the entrepreneur and the purchaser, in which arrangements have been recorded regarding the performance of a service or the delivery of products. The confirmation of an agreement is regulated in Article 4.
4. Right of withdrawal:
The right of withdrawal refers to: the right of the purchaser to dissolve the agreement with the entrepreneur within the cooling-off period without giving reasons, as further defined in Article 8.
5. Day(s):
A “day” or number of “days” refers to calendar day(s), including weekends and public holidays.
6. Services and digital content without a tangible medium:
Services and digital content refer to: intangible services (e.g., machine repair) or digital content not supplied on a physical medium (such as a CD or USB stick).
7. Public auction:
A public auction refers to: a public method of sale where products, goods or services are offered by the entrepreneur to consumers who are physically or electronically present, under the supervision of an auctioneer, whereby the buyer obtains the product after a successful bid.
8. Sample:
A sample, also referred to as a swatch or specimen, refers to: an example or portion of a product intended solely to indicate the nature, quality, colour, or other properties of the final product.
9. Continuing transactions:
Continuing transaction(s) refers to: an agreement between the entrepreneur and the purchaser aimed at the regular delivery of products or services for a fixed or indefinite period.
10. (Commercial) guarantee:
A (commercial) guarantee refers to: an additional promise offered by the entrepreneur, manufacturer, or importer beyond the statutory warranty, guaranteeing that the delivered product will retain certain properties or remain functional for a specified period. The commercial guarantee does not affect the statutory rights of the purchaser.
Article 2: Identity of the entrepreneur
Surface Protection Europe B.V. is a trade name of S&L Group B.V.
In these terms, “Surface Protection Europe B.V.” or “we” refers to: S&L Group B.V. operating under the name Surface Protection Europe B.V.
Visiting address: Lorentzlaan 21, 3401MX IJsselstein, The Netherlands
Email address: info@surfaceprotectioneurope.com
Telephone number: +31 6 17 13 60 99 or +31 6 17 59 32 50
Chamber of Commerce (CoC) number: 97016616
VAT identification number: NL867875793B01
S&L Group B.V. is established in the Netherlands. Dutch law exclusively applies to all agreements to which these terms and conditions apply, unless explicitly agreed otherwise. All communication and documentation is provided in Dutch and/or English. No licensing system or professional regulation applies to the activities of S&L Group B.V.
For questions, complaints or information you may contact us using the details above.
Article 3: Applicability of the terms and conditions
1. These terms and conditions apply to every offer made by the entrepreneur and every agreement between the entrepreneur and the purchaser. Without agreeing to the terms and conditions, it is not possible to enter into an agreement between the entrepreneur and the purchaser. You always have the right to object to the terms and conditions.
2. If, in addition to these terms and conditions, specific product or service conditions apply, both sets of terms apply. In the event of contradictions, the provisions of the product or service conditions prevail.
3. Before any distance agreement is concluded, the terms and conditions will be made available to the purchaser. If this is not possible, the entrepreneur will clearly indicate where the terms can be accessed. The purchaser also has the right to receive the applicable terms and conditions free of charge by email.
Article 4: Privacy & Personal Data
1. The entrepreneur processes personal data of customers and/or consumers in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR).
2. Personal data are processed for purposes including, but not limited to, the performance of the agreement, administration, customer service, and compliance with legal obligations.
3. The purposes of processing, the categories of personal data, retention periods, security measures, and the rights of data subjects are described in the privacy policy of Surface Protection Europe B.V., which is available via the website.
4. The entrepreneur does not retain personal data longer than necessary for the aforementioned purposes and as permitted under applicable law.
Article 5: Agreement
1. An agreement between the entrepreneur and the purchaser is concluded at the moment the entrepreneur confirms the agreement via an order confirmation. In the event of a telephone or in-person request, the entrepreneur will always send a confirmation by email to the purchaser. The purchaser has the right to cancel the agreement free of charge within 12 hours of confirmation. The entrepreneur also reserves the right to cancel the agreement free of charge within the same period. After this period, the entrepreneur may, at their own discretion, still allow the purchaser the right to cancel free of charge.
2. Confirmation of an agreement by the entrepreneur may only take place after the purchaser has given their approval. Without the purchaser’s approval, the entrepreneur is not permitted to confirm the agreement.
Article 6: The offer
1. Every offer made by the entrepreneur has a validity period of 30 days, starting from the moment the offer is sent to the purchaser. If another validity period applies, the entrepreneur must state this explicitly in the offer.
2. Every offer includes a clear and complete description of the offered products, services, or digital content without a tangible medium. The entrepreneur ensures that the description is sufficiently detailed so that the purchaser can properly assess the offer. If the entrepreneur uses images in the offer, these provide a true representation of the products, services, or digital content offered. Obvious typing, spelling, or other errors are reserved.
3. Unless specifically stated otherwise, the terms and conditions apply to every offer made by the entrepreneur. If different terms apply to a particular offer, this must be clearly stated.
Article 7: The price
1. Unless otherwise stated, all prices listed on the website, in the webshop or in an offer from the entrepreneur are exclusive of VAT. The applicable VAT will be added to the price and must be paid by the purchaser. During the validity period of an offer, the prices of the offered products, services or digital content will not be increased, except for changes resulting from legislation as described in paragraph 2.
2. The entrepreneur reserves the right to implement price changes during the validity period of an offer in the following cases:
a. As a result of changes in VAT rates. In that case, the entrepreneur is entitled to adjust the prices accordingly.
b. As a result of fluctuations in the financial market over which the entrepreneur has no influence. In that case, the entrepreneur may apply indicative or variable prices, provided this is clearly stated in the offer, and the purchaser explicitly agrees.
3. Price increases within two months after the conclusion of the agreement are only permitted if they are a direct result of legal regulations. If the increase is caused by such legal regulations, the purchaser retains the right to terminate the agreement with immediate effect.
Article 8: Payment
1. When selling products to the purchaser, the entrepreneur reserves the right to require advance payment in the terms and conditions. When advance payment is required, the purchaser cannot derive any rights from the execution of the order until the payment has been received in the bank account specified by the entrepreneur. Unless otherwise agreed, every order placed on the Surface Protection Europe website must be paid in advance.
2. Unless otherwise agreed between the entrepreneur and the purchaser or specified in additional terms, the payment term for the amounts due is a maximum of 14 days. The payment term begins when the product(s) have been delivered to the purchaser. The purchaser is obligated to report any inaccuracies in the provided payment information to the entrepreneur without delay.
3. If the purchaser fails to meet their payment obligations on time, the entrepreneur will notify the purchaser in writing of the overdue payment and grant an additional 7 days to pay. If payment is not made within this period, statutory interest will be charged on the outstanding amount. The entrepreneur is also entitled to charge extrajudicial collection costs, in accordance with the Dutch Decree on Extrajudicial Collection Costs. These costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; 5% on the next €5,000; 1% on the next €190,000; and 0.5% on the remaining amount. These collection costs apply only for amounts above the minimum of €40. The entrepreneur reserves the right to deviate from these amounts and percentages in favour of the purchaser.
Article 9: Right of withdrawal
1. The purchaser has no right to return a product when entering into an agreement for the purchase of a product. The entrepreneur reserves the right to grant the purchaser permission for withdrawal. This exceptional permission must be given in writing by the entrepreneur. The entrepreneur may ask for the reason for withdrawal, but the purchaser is not obligated to provide such reason(s).
Article 10: Exercise of the right of withdrawal by the purchaser
1. If the purchaser makes use of their granted permission to withdraw, they must notify the entrepreneur by email using the email address stated in Article 2. The purchaser must also submit a fully completed return form, as stated on the “Returns” page. If the purchaser is unable to find or download the return form, they have the right to receive it from the entrepreneur free of charge.
2. After the purchaser has completed the steps mentioned in paragraph 1, the return period starts. The purchaser must return the product as soon as possible, but no later than within 14 days, to the entrepreneur or hand it over to an authorised representative of the entrepreneur. If a delay occurs in returning the product, the purchaser must notify the entrepreneur immediately. The manner in which the product must be returned is further explained in paragraph 3. If the entrepreneur has offered to collect the product(s) themselves, the purchaser is exempt from the obligations described in this paragraph.
3. The purchaser must return the product(s), including all delivered accessories. If reasonably possible, the purchaser must return the product in the original condition and packaging, in accordance with the instructions provided by the entrepreneur. The purchaser is also required to attach the completed return form mentioned in paragraph 2 to the outside of the packaging, so that it is clearly visible upon receipt of the return shipment.
3. The purchaser bears all costs associated with returning the product(s). The entrepreneur also reserves the right to charge any depreciation in value, as referred to in Article 7, paragraph 1. If the entrepreneur offers to handle the return shipment themselves, they reserve the right to charge the associated costs to the purchaser. The entrepreneur may choose to waive all or part of the return costs in favour of the purchaser.
Article 11: Obligations of the entrepreneur in case of withdrawal
1. After the entrepreneur receives a withdrawal notification from the purchaser, including a completed return form as stated in Article 8, paragraph 1, the entrepreneur must confirm this notification within 24 hours. If the purchaser does not exercise their withdrawal correctly or through the correct channels, an additional period of 7 days is granted to the entrepreneur before the repayment period, as stated in Article 9, paragraph 2, begins.
2. After the purchaser has correctly exercised their withdrawal and the product has been properly received by the entrepreneur, a payment term of 14 days (excluding any additional periods) applies for the refund. The payment term begins on the day the product is received by the entrepreneur, confirmed by the purchaser, the entrepreneur and any third parties, such as the carrier. If the purchaser chose a more expensive delivery method than the standard delivery, the entrepreneur is not obligated to refund the additional delivery costs.
3. Any depreciation in value must be discussed between the entrepreneur and the purchaser before the refund begins. If the entrepreneur and purchaser have not yet reached an agreement regarding depreciation, the refund period cannot begin. The time spent discussing the depreciation will not be added to the standard or additional payment period.
4. The entrepreneur must make the refund using the same payment method used by the purchaser. Any additional costs, such as transaction costs, are borne by the entrepreneur. Unless the entrepreneur agrees otherwise, it is not permitted to perform the refund via a different payment method.
Article 12: Delivery and pickup options
1. The delivery of products always takes place at the address provided by the purchaser to the entrepreneur, unless the purchaser explicitly provides a different delivery address. The entrepreneur will exercise the utmost care in receiving, processing and dispatching shipments. The purchaser has the right to report any carelessness or damage via the contact details listed in Article 2.
2. The risk of damage or loss of a product or shipment lies with the entrepreneur until the moment the purchaser, or a third party designated by the purchaser, takes receipt of the delivery. The entrepreneur, or a third party or carrier contracted by them, is responsible for informing the purchaser of the handover of the shipment.
3. If, for any reason, the entrepreneur is unable to ship the products within 21 days after concluding the agreement, the entrepreneur must notify the purchaser as soon as possible. If the entrepreneur does not contact the purchaser within this period, the purchaser has the right to terminate the agreement without costs or counter-notice. In such case, the entrepreneur is required to refund the full amount paid by the purchaser, in accordance with the payment provisions in Article 5 and Article 9.
4. Due to the nature, size or weight of the products, pickup at a collection point or warehouse is generally not possible unless explicitly agreed upon in writing. The entrepreneur must always inform the purchaser of the method of delivery of the product(s).
5. The entrepreneur is not obligated to fulfil any obligation if this is reasonably impossible due to circumstances beyond their control, such as strikes, fire, natural disasters, government measures or supplier failure.
Article 13: Deviations
1. The entrepreneur reserves the right to subsequently invoice the purchaser for deviations in the number of delivered products compared to the agreement, provided these deviations fall within the established tolerances. A “product” refers to one individual item. Different qualities, sizes or colours are not considered the same product. The allowed tolerances for over- or under-delivery are:
a. For plastic covers or bags: a tolerance of 1,500 units.
b. For cardboard: a tolerance of 15% with a maximum of 1,000 units.
c. For paper and film (other than a or b): a tolerance of 15% with a maximum of 100 kilograms.
d. For all remaining products: a tolerance of 10%.
2. Provided they fall within the tolerances below, deviations in quality compared to previous deliveries or samples do not constitute grounds for refusal of delivery, suspension of payment, termination of the agreement, or claims for damages. The entrepreneur and any third parties engaged by them will exercise utmost care to prevent deviations in quantity or quality. Quality deviations are determined based on the average of the entire order. If deviations fall outside the tolerances below, the purchaser has the right to reject the delivery free of charge. The tolerances are:
a. Weight and thickness: a maximum tolerance of 10%.
Weight and thickness must be measured without packaging.
b. Dimensions: a maximum deviation of 20 millimetres.
Dimensions must always be measured from the inside.
c. Colour: the PMS colour may deviate by a maximum of two units.
The desired PMS colour must always be confirmed by the purchaser beforehand.
3. The entrepreneur must always inform the purchaser of any deviations in quality or quantity. Unless explicitly stated otherwise, the tolerances in paragraph 1 and paragraph 2 are leading. If the entrepreneur does not inform the purchaser about the deviations, the purchaser retains the right to refuse the deviating quantities free of charge. If quality deviations fall outside the tolerances in paragraph 2, the purchaser has the right to refuse the entire delivery. Deviations must be reported within the 14-day reflection period after delivery using the contact details in Article 2.
Article 14: Continuing transactions
1. Continuing transactions agreed for a fixed period automatically end after the agreed period, unless agreed otherwise in writing. Continuing transactions agreed for an indefinite period may be terminated in writing by either party with one month’s notice, unless otherwise agreed. If the agreement contains a specific duration or notice period, those provisions prevail over the periods mentioned in this article.
2. The entrepreneur reserves the right to terminate or amend the agreement during the term if continuation cannot reasonably be expected, for example in cases of structural non-payment, repeated breach of contractual obligations, or cessation of business activities by the purchaser.
3. Any price changes during the term of the continuing transaction will only occur after written notification to the purchaser, with a notice period of at least one month. If a price increase of more than 10% is implemented during the term, the purchaser may terminate the agreement in writing within fourteen days of notification, without obligation to pay compensation.
Article 15: Fulfilment of the agreement and warranty
1. The entrepreneur is responsible for delivering products and/or services that meet the agreement, the specifications stated in the offer and the reasonable requirements of quality and usability, with due observance of industry-standard tolerances. Deviations in colour, size, weight or other properties that are technically unavoidable or commonly accepted in the trade do not constitute grounds for rejection, termination, or claims for damages. The entrepreneur also reserves the right to deliver quantities deviating within the tolerances established in Article 14.
2. If agreed, the entrepreneur, supplier, manufacturer or importer may provide the purchaser with an additional or commercial guarantee. This guarantee never extends beyond what is explicitly agreed in the agreement or warranty declaration. Any guarantee provided by the entrepreneur expires if the purchaser has used, stored or processed the product incorrectly, or has not followed the instructions for use or maintenance. If a manufacturer’s warranty applies, it is provided exclusively by the manufacturer or importer. The entrepreneur is not responsible for handling such warranty claims unless explicitly agreed in writing.
Article 16: Complaints procedure
1. If the purchaser wishes to file a complaint with the entrepreneur, this must be done via the entrepreneur's complaints procedure. Complaints must be reported to the entrepreneur as specifically and as soon as possible after the purchaser has discovered the issue. From the moment the complaint has been correctly submitted, the entrepreneur has seven days to respond substantively. If the entrepreneur is unable to resolve the complaint within this period, they must notify the purchaser in writing within the same period, stating the reason and an estimated resolution timeframe. The purchaser may grant the entrepreneur an additional period to resolve the complaint, provided both parties agree to this in writing.
Article 17: Liability
1. The entrepreneur is only liable for direct damage that is the direct and exclusive result of an attributable failure by the entrepreneur in fulfilling the agreement, provided that this liability is always limited to the amount charged by the entrepreneur for the relevant agreement, excluding VAT. Direct damage exclusively includes:
a. Reasonable costs incurred to determine the cause and extent of the damage.
b. Reasonable costs incurred to prevent or limit damage, insofar as the purchaser proves that these costs have limited direct damage.
c. Reasonable costs for replacement or repair of defective performance insofar as this can be attributed to the entrepreneur.
2. The entrepreneur is never liable for indirect damage, including but not limited to consequential damage, loss of profit, missed savings, business interruption, reputational damage, or loss of data. Liability due to attributable failure arises only if the purchaser has put the entrepreneur in default in writing, granting a reasonable period to fulfil the obligations, and the entrepreneur still fails to fulfil their obligations after this period.
3. The entrepreneur’s liability expires if the purchaser does not submit a written claim within twelve months of discovering the damaging event. The limitations of liability do not apply if the damage is the result of intent or deliberate recklessness by the entrepreneur or company management.
4. Advice provided by the entrepreneur regarding product choice, application methods or strength classifications is non-binding and solely intended for support. The entrepreneur is not liable for damage resulting from following such advice.
Article 18: Additional or deviating provisions
1. Additional or deviating provisions from these terms and conditions are only valid if agreed in writing between the parties. In case of contradictions between the agreement and these terms and conditions, the agreement prevails.
Article 19: Intellectual property rights
1. The content, layout, structure and wording of these terms and conditions are the intellectual property of the entrepreneur. Third parties are not permitted to copy, reproduce, distribute or use these terms and conditions, in full or in part, for their own commercial purposes unless written permission has been granted by the entrepreneur. Violation of this article may result in civil action for copyright infringement or unlawful conduct.
2. Designs created by the entrepreneur remain the property of the entrepreneur unless agreed otherwise in writing.
Part 2 – B2C
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Table of Contents
Article 1: Definitions
Article 2: Identity of the Entrepreneur
Article 3: Applicability of the General Terms and Conditions
Article 4: Privacy & Personal Data
Article 5: Agreement
Article 6: The Offer
Article 7: The Price
Article 8: Payment
Article 9: Right of Withdrawal
Article 10: Obligations of the Consumer During the Reflection Period
Article 11: Exercising the Right of Withdrawal by the Consumer
Article 12: Obligations of the Entrepreneur in Case of Withdrawal
Article 13: Exclusion of the Right of Withdrawal
Article 14: Delivery and Pickup Options
Article 15: Deviations
Article 16: Continuing Performance Agreements
Article 17: Performance of the Agreement and Warranty
Article 18: Complaints Procedure
Article 19: Liability
Article 20: Additional or Deviating Provisions
Article 21: Intellectual Property Rights
Article 1: Definitions
If a word or term used in these general terms and conditions is unclear to the reader, the reader should consult the definitions below to avoid misunderstandings. If a word or term is not specifically defined, the reader may contact the entrepreneur for clarification.
1. Entrepreneur:
"Entrepreneur" refers to: Surface Protection Europe B.V., as specified in Article 2.
2. Consumer:
"Consumer" refers to: a natural or legal person who enters into an agreement with the entrepreneur or to whom the entrepreneur makes an offer, regardless of whether this person acts as a private consumer or in the exercise of a profession or business.
3. Agreement:
"Agreement" refers to: an agreement between the entrepreneur and the consumer in which arrangements have been established regarding the performance of a service or the delivery of products. Confirmation of an agreement is regulated in Article 4.
4. Reflection period:
"Reflection period" refers to: the period within which the consumer has the right to withdraw from the agreement, as further defined in Article 5.
5. Right of withdrawal:
"Right of withdrawal" refers to: the right of the consumer to dissolve the agreement with the entrepreneur within the statutory reflection period without giving any reason, as further defined in Article 8.
6. Day(s):
"Day" or "days" refers to: calendar day(s), including weekends and public holidays.
7. Services and digital content not supplied on a tangible medium:
Refers to intangible services (such as machine repairs) or digital content not delivered on a physical medium (such as a CD or USB stick).
8. Public auction:
"Public auction" refers to: a method of sale whereby products, goods or services are offered by the entrepreneur to consumers who are personally present or present through an electronic system, under the supervision of an auctioneer, and where the buyer obtains the product after a successful bid.
9. Sample:
"Sample", also referred to as a swatch or specimen, refers to an item or portion of a product intended solely as an indication of the nature, quality, colour or other properties of the final product.
10. Continuing performance agreements:
"Continuing performance agreement(s)" refers to: an agreement between the entrepreneur and the consumer that includes the regular delivery of products or services for a specified or unspecified period.
11. (Commercial) warranty:
"(Commercial) warranty" refers to: any additional commitment offered by the entrepreneur, manufacturer or importer beyond the statutory warranty, guaranteeing that the delivered product will retain certain properties or continue functioning for a specific period. A commercial warranty does not affect the consumer's statutory rights.
Article 2: Identity of the Entrepreneur
Surface Protection Europe B.V. is a trade name of S&L Group B.V.
In these terms, "Surface Protection Europe B.V." or "we" refers to: S&L Group B.V. trading under the name Surface Protection Europe B.V.
Visiting address: Lorentzlaan 21, 3401MX IJsselstein, The Netherlands
Email address: info@surfaceprotectioneurope.com
Telephone number: +31 6 17 13 60 99 or +31 6 17 59 32 50
Chamber of Commerce (CoC) number: 97016616
VAT identification number: NL867875793B01
S&L Group B.V. is established in the Netherlands. All agreements to which these general terms and conditions apply are exclusively governed by Dutch law, unless expressly agreed otherwise. All communication and documentation is provided in Dutch and/or English. No licensing system or professional regulation applies to the activities of S&L Group B.V.
For questions, complaints or information, you may contact us using the details above.
Article 3: Applicability of the General Terms and Conditions
1. These general terms and conditions apply to every offer made by the entrepreneur and to every agreement between the entrepreneur and consumer. Without acceptance of the general terms and conditions, it is not possible to conclude an agreement between the entrepreneur and the consumer. You always have the right to object to the general terms and conditions.
2. If, in addition to these general terms and conditions, specific product or service conditions apply, both sets apply. In case of contradictions, the provisions of the product or service conditions prevail.
3. Before any distance agreement is concluded, the general terms and conditions are made available to the consumer. If this is not possible, the entrepreneur will clearly inform the consumer where these terms can be accessed. The consumer also has the right to receive the applicable general terms and conditions free of charge by email.
Article 4: Privacy & Personal Data
1. The entrepreneur processes personal data of customers and/or consumers in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR).
2. Personal data are processed for purposes including, but not limited to, the performance of the agreement, administration, customer service, and compliance with legal obligations.
3. The purposes of processing, the categories of personal data, retention periods, security measures, and the rights of data subjects are described in the privacy policy of Surface Protection Europe B.V., which is available via the website.
4. The entrepreneur does not retain personal data longer than necessary for the aforementioned purposes and as permitted under applicable law.
Article 5: Agreement
1. An agreement between the entrepreneur and the consumer is concluded at the moment the entrepreneur confirms the consumer's order by email. For telephone or in-person requests, the entrepreneur will always send a confirmation by email. The consumer has the right to check the order for 12 hours after confirmation and, if desired, cancel or correct it free of charge. The entrepreneur also reserves the right to cancel the order within this period free of charge in case of clear errors, such as incorrect pricing, stock shortages or technical issues. This does not affect the consumer's statutory right of withdrawal.
2. By placing an order, the consumer declares to agree with the offer and these general terms and conditions. The entrepreneur confirms receipt of the order by email, upon which the agreement is concluded.
Article 6: The Offer
1. Every offer made by the entrepreneur has a validity period of 30 days, unless a different term is stated. The entrepreneur reserves the right to withdraw an offer in case of clear errors, such as obvious price or typographical mistakes, or when a product is no longer in stock. Withdrawal of the offer does not affect the rights of the consumer relating to any previously confirmed order.
2. Each offer contains a clear, complete and accurate description of the offered products, services or digital content. The entrepreneur ensures sufficient detail and truthful images so that the consumer can properly assess the offer. Obvious mistakes or errors do not bind the entrepreneur. Each offer includes the price including VAT, any additional costs, delivery conditions and information regarding the right of withdrawal or any applicable exclusions.
3. These general terms and conditions apply to every offer, unless expressly stated otherwise. The conditions are provided before or during the ordering process in a manner that enables the consumer to easily store or download them.
Article 7: The Price
1. Unless stated otherwise, all prices listed on the website, webshop or in an offer by the entrepreneur include VAT. If shipping costs or other additional charges apply, these will be clearly communicated to the consumer before placing the order. During the validity period of the offer, prices will not be increased, except in situations described in paragraphs 2 and 3.
2. The entrepreneur may adjust prices during the validity period of an offer in the following cases:
a. Changes in VAT rates. In such cases, the entrepreneur is entitled to adjust prices accordingly.
b. Price changes due to factors beyond the entrepreneur's control. These are only permitted if it is explicitly stated in advance that the offer is subject to variable prices dependent on financial market fluctuations beyond the entrepreneur’s control. The consumer must explicitly consent to this.
3. Price increases within two months after conclusion of the agreement are only permitted if they are the direct result of legal regulations or provisions (such as VAT adjustments). If such a price increase occurs, the consumer has the right to dissolve the agreement immediately.
Article 8: Payment
1. When selling products to the consumer, the entrepreneur may require advance payment. If advance payment is agreed upon, the consumer cannot claim the execution of the order until the required payment has been made. Unless otherwise agreed, orders placed through the Surface Protection Europe website must be paid in advance.
2. If advance payment is not agreed, a payment term of 14 days applies, unless stated otherwise in the agreement or additional conditions. The payment term begins on the day the consumer receives the products. The consumer is obliged to report inaccuracies in payment details immediately.
3. If the consumer fails to meet their payment obligation on time, the entrepreneur will send a written reminder granting an additional 7 days to make payment. If payment is still not made, statutory interest will be charged on the outstanding amount. The entrepreneur is also entitled to charge extrajudicial collection costs in accordance with the Dutch Decree on Extrajudicial Collection Costs (BIK). These costs amount to a maximum of: 15% of amounts up to €2,500, 10% of the next €2,500, 5% of the next €5,000, 1% of the following €190,000, and 0.5% on the remaining amount. Collection costs apply only to amounts exceeding the minimum of €40. The entrepreneur reserves the right to deviate from these percentages for the benefit of the consumer.
Article 9: Right of Withdrawal
1. The consumer has the right to dissolve an agreement relating to the purchase of a product within a reflection period of 14 days without providing any reason. The entrepreneur may ask for the reason for withdrawal, but the consumer is not obliged to provide one.
2. The reflection period begins on the day the consumer or a third party designated by the consumer who is not the carrier receives the product.
If the consumer receives multiple products in one order, the reflection period begins on the day the consumer receives the final product.
3. Products manufactured according to consumer specifications and not prefabricated (such as custom-made items, personalised printing or specially assembled products) are excluded from the right of withdrawal, provided the consumer is clearly informed beforehand.
Article 10: Obligations of the Consumer During the Reflection Period
1. During the reflection period, the consumer must handle the product and its packaging with care. The consumer may only handle or inspect the product to the extent permitted in a physical store. If the consumer goes beyond what is necessary to determine the nature, characteristics and functioning of the product, they are liable for any depreciation in value.
2. The consumer is not liable for depreciation if the entrepreneur failed to inform them about the right of withdrawal prior to the agreement.
Article 11: Exercising the Right of Withdrawal by the Consumer
1. If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within the reflection period via the email address listed in Article 2. The consumer may use the return form but is not legally required to do so. If the form is missing, the entrepreneur must provide it free of charge.
2. After notification, the consumer has 14 days to return or hand over the product to the entrepreneur (or an authorised representative), unless the entrepreneur collects the product themselves.
3. The consumer must return the product—if reasonably possible—in its original condition and packaging, including all accessories. The consumer is not required to attach a form to the outside of the package; it may be included inside.
4. The consumer bears the cost of return shipping unless the entrepreneur has agreed to reimburse these costs or handles the return shipment directly.
5. If the consumer requests the execution of a service or digital content to begin during the reflection period and execution has started with explicit prior consent, the right of withdrawal may (partially) expire. In such cases, the consumer must pay a proportional amount for the part already performed.
Article 12: Obligations of the Entrepreneur in Case of Withdrawal
1. The entrepreneur will confirm receipt of a withdrawal notice as soon as possible, no later than within a few days.
2. The entrepreneur will refund all payments received from the consumer, including standard delivery costs for the cheapest delivery method, within 14 days after dissolution. The entrepreneur may wait until the product has been received or until the consumer provides proof of return shipment.
3. If depreciation has occurred, the entrepreneur may deduct this amount from the refund, provided the deduction is properly justified.
4. The entrepreneur will use the same payment method for the refund as used by the consumer, unless the consumer agrees to a different method. No costs will be charged for the refund.
Article 13: Exclusion of the Right of Withdrawal
1. The entrepreneur may exclude the right of withdrawal for the following products and services, provided this is clearly stated with the offer:
a. Products whose price depends on financial market fluctuations beyond the entrepreneur’s control.
b. Service agreements that have been fully performed, where the consumer expressly consented to the start of the service and acknowledged that they would lose their right of withdrawal upon completion.
c. Custom-made products as described in Article 8,
d. Digital content not delivered on a tangible medium, if the consumer expressly consented to immediate delivery and acknowledged losing their right of withdrawal.
Article 14: Delivery and Pickup Options
1. Delivery of products takes place at the address provided by the consumer, unless the consumer has explicitly provided a different delivery address. The entrepreneur exercises the greatest possible care when receiving, processing and shipping orders. Consumers may report issues such as damage or incorrect deliveries through the contact details listed in Article 2.
2. The risk of damage or loss rests with the entrepreneur until the moment the consumer or a third party designated by the consumer who is not the carrier has physically received the products. If the package is delivered to neighbours or a designated safe-drop location, the entrepreneur must inform the consumer.
3. If delivery cannot take place within 30 days after the agreement (the statutory default term), the entrepreneur must notify the consumer as soon as possible. The consumer then has the right to dissolve the agreement free of charge. After dissolution, the entrepreneur will refund all payments within 14 days, in accordance with Article 5 and Article 9.
4. Due to the nature, size or weight of certain products, pickup at a pickup point or warehouse may not be possible unless agreed upon in writing in advance. The entrepreneur will always inform the consumer of available delivery options.
5. The entrepreneur is not obliged to fulfil delivery obligations in cases of force majeure, including but not limited to: strikes, fire, government measures, natural disasters, supplier failures or transport problems. In case of force majeure lasting longer than 30 days, the consumer has the right to dissolve the agreement free of charge.
Article 15: Deviations
1. The entrepreneur strives to deliver products that fully comply with the agreement and the consumer’s expectations. Minor deviations in colour, size or finish may occur within reasonable limits, provided they do not affect normal use. Such minor deviations do not entitle the consumer to dissolution or compensation.
2. If a deviation in quality, size, colour or quantity is substantial and the product no longer meets the consumer’s reasonable expectations (conformity), the consumer has the right to:
a. refuse the delivery (in whole or in part);
b. request free repair or replacement;
c. dissolve the agreement or request a proportional price reduction if repair or replacement is not possible.
3. If a deviation is identified before delivery, the entrepreneur will promptly inform the consumer and offer a suitable solution. The consumer may then cancel the agreement free of charge and will receive a full refund within 14 days.
4. If the consumer discovers a deviation or defect after delivery, they must report this within a reasonable period after discovery using the contact details in Article 2. A report within 14 days after delivery is always considered timely.
Article 16: Continuing Performance Agreements
1. Continuing performance agreements concluded for a fixed term end automatically after the agreed duration, unless the consumer expressly agrees to renewal. Tacit renewal for a new fixed term is not permitted, except for agreements lasting up to three months that may only be renewed if the consumer can terminate them at any time with one month’s notice.
2. Continuing performance agreements concluded for an indefinite period may be terminated by the consumer at any time with a notice period of no more than one month. The entrepreneur may terminate such agreements with a notice period of two months, unless a shorter period is reasonable.
3. If the agreement specifies a particular duration or notice period, those provisions apply insofar as they are not contrary to mandatory consumer law.
4. The entrepreneur may terminate an agreement early if continuation cannot reasonably be expected, for example in cases of structural non-payment, misuse of the service or circumstances beyond the entrepreneur’s control. The entrepreneur will notify the consumer in writing in such cases.
5. The entrepreneur may adjust prices or rates within the duration of a continuing performance agreement only after written notification to the consumer with at least one month’s notice. In case of a price increase, the consumer has the right to terminate the agreement free of charge within 30 days after receiving the notification. This right does not apply to price reductions or statutory price changes (e.g., VAT adjustments).
Article 17: Performance of the Agreement and Warranty
1. The entrepreneur guarantees that the delivered products and/or services comply with the agreement, the specifications listed in the offer, and the reasonable expectations of the consumer based on the agreement, product characteristics and applicable laws. Technical deviations in colour, size, weight or other characteristics that cannot reasonably be avoided are acceptable only if they are minor and do not affect normal use.
2. If a product does not comply with the agreement (non-conformity), the consumer is entitled to free repair, replacement, or—if repair or replacement is impossible or unreasonable—to a price reduction or full dissolution of the agreement, in accordance with the statutory rules. The entrepreneur bears full responsibility for this.
3. Any additional or commercial warranty offered by the entrepreneur, manufacturer or importer is an extra benefit for the consumer and does not affect their statutory rights. The content of a commercial warranty will always be clearly and in writing provided to the consumer.
4. Any warranty provided by the entrepreneur lapses if the consumer misuses, improperly stores or handles the product in a way inconsistent with the nature of the product or the provided usage or maintenance instructions. This limitation applies only if the improper use is the direct cause of the defect.
5. If a factory warranty applies to a product, the entrepreneur remains the consumer’s first point of contact for warranty claims. The entrepreneur is responsible for proper handling unless the parties explicitly and in writing agree otherwise in a manner that does not disadvantage the consumer.
Article 18: Complaints Procedure
1. The consumer may submit complaints to the entrepreneur using the complaint procedure applied by the entrepreneur. The entrepreneur requests the consumer to report complaints as specifically and as soon as possible after the issue is discovered.
2. Once the complaint has been correctly received, the entrepreneur will provide a substantive response within seven days. If the entrepreneur is unable to resolve the complaint within this period, the consumer will be informed in writing, including the reason for the delay and an indication of the expected resolution time.
3. The consumer always retains the right to take other legal steps, such as submitting the complaint to a competent authority, dispute committee or court, without being obliged to first complete the entrepreneur’s complaints procedure.
Article 19: Liability
1. The entrepreneur is liable for damage resulting from failure to comply with the agreement, insofar as this can be attributed to the entrepreneur under the law. The entrepreneur is in any case liable for defects in the product that lead to non-conformity as defined in Article 7:17 of the Dutch Civil Code.
2. Liability of the entrepreneur for direct damage not related to non-conformity is limited to the amount the consumer paid for the respective product or service, excluding VAT. Direct damage is understood exclusively as:
a. reasonable costs incurred to determine the cause and extent of the damage;
b. reasonable costs to prevent or limit further damage;
c. reasonable costs for replacement or repair of the product, insofar as these costs do not already arise from statutory warranty or non-conformity.
3. The entrepreneur is not liable for damage resulting from improper or careless use of the product by the consumer, or from use that is inconsistent with instructions or the normal purpose of the product.
4. The entrepreneur cannot exclude or limit liability in cases of:
a. intent or deliberate recklessness by the entrepreneur or their management;
b. violation of statutory warranty or non-conformity;
c. damage covered by mandatory product liability law (Article 6:185 of the Dutch Civil Code).
4. Any advice provided by the entrepreneur regarding product selection, application methods or use is intended solely as support. The entrepreneur is not liable for damage resulting from following such advice unless there is an obvious error or inaccuracy that would normally lead to damage.
5. For damage not caused by non-conformity, the consumer must notify the entrepreneur in writing within a reasonable time after discovering the damage. This notification requirement does not limit the consumer’s statutory rights.
Article 20: Additional or Deviating Provisions
1. Additional or deviating provisions from these general terms and conditions are only valid if agreed upon in writing between the entrepreneur and the consumer.
2. Deviating provisions that disadvantage the consumer are only valid if explicitly and individually agreed with the consumer and if they do not conflict with mandatory consumer law.
3. In case of contradictions between an individually agreed provision and these general terms and conditions, the individually agreed provision prevails, insofar as it does not conflict with mandatory law.
Article 21: Intellectual Property Rights
1. The content, design, structure and wording of these general terms and conditions, as well as other texts, images and materials created or published by the entrepreneur, are protected by intellectual property rights. Without prior written permission from the entrepreneur, third parties are not permitted to copy, reproduce, distribute or use these materials, in whole or in part, for commercial purposes. Violation of this article may result in civil action for copyright infringement or unlawful conduct.
2. All designs, sketches, calculations, documents, print proofs, images and other creations produced by the entrepreneur remain the property of the entrepreneur unless otherwise agreed in writing. The consumer is not permitted to reproduce, share or use these materials for commercial purposes without written consent from the entrepreneur.