Introduction
These are our General Terms and Conditions. These General Terms and Conditions always apply when
you use our Website or place an order through our Website, and they contain important information for
you as a buyer. Please read them carefully. We also recommend that you save or print these General
Terms and Conditions so that you can consult them at a later time.
Definitions
– SEM International BV: based in Zaanstad, The Netherlands and registered with the Chamber ofCommerce
under file number 71412816, trading as SEM International BV.
– Website: The Website of SEM International BV, to be found on www.SEMBV.com and all of its
subdomains.
– Client: the natural person or corporation acting in the performance of a profession or business who
enters into an agreement with SEM International BV and/or is registered on the Website.
– Agreement: any arrangement or agreement between SEM International BV and the Client of which the
General Terms and Conditions are an integral part.
General Terms and Conditions: these General Terms and Conditions.
Applicability of the General Terms and Conditions
– The General Terms and Conditions apply to all offers, agreements and deliveries of SEM International BV,
unless explicitly agreed otherwise in writing.
– If the Client in his order, confirmation or any other communication alleging acceptance of the General
Terms and Provisions includes any provisions that differ from, or are not in included the General
Terms and Conditions, such provisions will only be binding upon SEM International BV if and inso far
as SEM International BV has accepted them in writing.
Prices and information
– All prices posted on the Website and in other materials originating from SEM International BV exclude
taxes and other levies imposed by the government, unless stated otherwise on the website.
– If shipping costs are charged, these will be clearly stated in good time before the contract is concluded.
These costs will also be displayed separately in the ordering process.
– The content of the Website is composed with the greatest care. SEM International BV cannot, however,
guarantee that all information on the Website is correct and complete at all times. All prices and
other information posted on the Website and in other materials originating from SEM International
BV are subject to obvious programming and typing errors.
– SEM International BV cannot be held responsible for deviations in color that result from the quality of the
colors displayed on the screen.
Conclusion of the Agreement
– The Agreement will be deemed to be concluded at the moment the Client accepts the offer of SEM
International BV subject to the conditions laid down by SEM International BV.
– If the Client has accepted the offer by electronic means, SEM International BV will confirm receipt of
acceptance of the offer by electronic means without delay. Until such receipt of acceptance is
confirmed, the Client will have the possibility to dissolve the Agreement.
– If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided
incorrect data, SEM International BV will have the right demand fulfilment of the Client’s
obligations until the correct data is received.
– SEM International BV has the right to refuse orders from clients who do not act in the exercise of their
profession or business.
Registration
– To make optimum use of the Website, the Client can register using the registration form/the account
sign-in option on the Website.
– During the registration process, the Client will be asked to choose a username and password with which
he can log on to the Website. The Client alone is responsible for choosing a sufficiently reliable
password.
– The Client must keep its login credentials, username and password strictly confidential. SEM International
BV cannot be held liable for any misuse of the login credentials and is always entitled toassume that
the Client who logs on to the Website is the party that it professes to be. The Client is responsible for
and bears the full risk of any and all actions and transactions performed via the
Client’s account.
– If the Client knows or has reason to suspect that its login details have become available to unauthorized
parties, it will be required to change its password as soon as possible and/or to notify SEM International
BV accordingly so as to allow SEM International BV to take appropriate measures.
Execution of the Agreement
– As soon as SEM International BV has received the order, it will send the products to the Clientwithout
delay and with due regard for the provisions of paragraph 3 of this article.
– SEM International BV is authorized to engage third parties in the fulfilment of its obligations underthe
Agreement.
– In principle, the delivery term is 3 to 14 days. Delivery may be affected in various ways, at the discretion
of SEM International BV.
– If SEM International BV is unable to deliver the products within the agreed term, it will notify theClient
accordingly. In that case the Client can decide either to agree to a new delivery date or to dissolve
the Agreement without incurring any costs.
– SEM International BV advises the Client to inspect the products upon delivery and to report any defects
within an appropriate period, preferably in writing or by email. For further details, see the article
about guarantee and conformity.
– The risks associated with the products will transfer to the Client as soon as the products are delivered at
the agreed delivery address.
– If the ordered product can no longer be supplied, SEM International BV is entitled to deliver a product
which is comparable in nature and quality to the ordered product. In that case, the Client will have
the right to dissolve the Agreement without incurring any costs and to return the product free of
charge.
Return
– The Client will have the right to dissolve the distance Agreement with SEM International BV within 2weeks
after receiving the product, without stating reasons.
– The Client can dissolve the Agreement in accordance with paragraph 1 of this article by returning the
product to SEM International BV within the term stated in paragraph 1, or by informing SEM
International BV within this same term about the fact that it has decided not to purchase theproduct
and returning the product as soon as possible. Products can be returned to the following address:
SEM International BV Rosbayerweg 216 1521 PT, Wormerveer, The Netherlands
– In accordance to paragraph 4 of this Article, any amounts already paid by the Client (in advance) will be
refunded to the Client as soon as possible, and in any case within 30 days after dissolution of the
Agreement and receipt of the returns by SEM International BV.
– The full purchase amount will be refunded to the Client upon receipt of the complete order by SEM
International BV. The costs for returning the goods are for account of the Client.
– SEM International BV expects a product to be returned unused in undamaged packaging.
The right of return does not apply to: -Products that SEM International BV has created in
accordance with the consumer’s specifications; -Products that are clearly of a personal nature;
– Products whose nature makes it impossible for them to be returned; -Products that are
perishable or subject to obsolescence; -Separate copies of newspapers and magazines;
– Audio and video recordings and computer software whose seal the Client has broken.
Payment
The Client shall pay the amounts due to SEM International BV in accordance with the ordering procedure
and any payment methods indicated on the Website. SEM International BV is free tooffer any payment
method of its choice and may change these methods at any time.
Warranties and conformity
– SEM International BV warrants that the products satisfy the Agreement, the specifications laid downin the
offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or
government regulations that are in force on the date the Agreement is signed. If specifically agreed,
SEM International BV will also warrant that the product is suitable for purposes other than its normal
use. In all other cases, the product is suitable for normal use only.
– If the delivered product fails to satisfy the Agreement at delivery, SEM International BV must be notified
thereof no later than 2 working days after delivery. Should the Client fail to do so, it is no longer
entitled to have the product repaired, replaced etc. should the product delivered be defective.
– If SEM International BV deems the complaint to be well-founded, the products concerned will be repaired,
replaced or (partially) refunded in consultation with the Client.
Complaints handling procedure
– If the Client has any grievances in connection with a product (in accordance with the article on
warranties and conformity) and/or about other aspects of SEM International BV’s service, it can submit
a complaint by telephone, by email or by post. See the contact details at the bottom of the General
Terms and Conditions.
– SEM International BV will respond to the complaint as soon as possible, and in any case within 3 days
after having received it. If it is not yet possible for SEM International BV to formulate a substantive
reaction to the complaint by that time, SEM International BV will confirm receipt of the complaint
within 3 days after having received it and give an indication of the term within which it expects to be
able to give a substantive or definitive reaction to the Client’s complaint.
Liability
– The total liability of SEM International BV in respect of the Client due to an attributable failure to perform
the Agreement is limited to compensation not exceeding the price stipulated for that particular
Agreement (including VAT).
– The liability of SEM International BV in respect of the Client for indirect damage or loss, which in any case
includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data
and damage due to business interruption, is excluded.
– Aside from the cases referred to in the two previous paragraphs of this Article, SEM International BV is not
subject to any liability at all in respect of the Client for damages, irrespective of the ground on which
the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if
and insofar as the damage or loss is the result of an intentional act or gross negligence on thepart of
SEM International BV.
– SEM International BV will only be liable to the Client on account of an attributable failure in the
performance of an agreement if the Client issues a proper notice of default to SEM International BV
without delay stipulating a reasonable period of time in which to remedy the failure, and SEM
International BV also continues to fail to perform its obligations after that period. The notice of
default must contain a description of the failure in as much detail as possible to enable SEM
International BV to provide an adequate response.
– Any event giving right to compensation is always subject to the condition that the Client reports the
damage or loss in writing to SEM International BV as soon as possible, but no later than within 30
days after the damage or loss has arisen.
– In the event of force majeure SEM International BV is not liable to pay compensation for anydamage or
loss the Client has incurred as a result.
Retention of title
As long as the Client has not made any full payment on the total amount agreed SEM International BV
will retain ownership of all the goods delivered.
Personal details
SEM International BV will process the Client’s personal details in accordance with the privacystatement
published on the Website.
Final provisions
– This agreement is governed by the laws of the country of establishment of the web shop.
Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be
submitted to the competent Dutch court in the district where SEM International BV has its registered
office.
– If any provision set out in these General Terms and Conditions should prove to be void, this will not
affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay
down one or more new provisions in replacement which will reflect the original provision as much as
is possible under the law.
– The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax,
provided that the sender’s identity and the integrity of the email message have been sufficiently
established.
Contact details
Should you have any questions, complaints or comments after reading these General Terms and
Conditions, please contact us by email or letter.
SEM International BV
Kikkerweg 22
1521RG, Wormerveer,
The Netherlands
Tel. 0031621346081
e office@SEMBV.com