General terms and conditions

Table of contents:
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Scope of application
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Continuing contracts: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession and who enters into a distance contract with the trader;
Day: a calendar day;
Continuing contract: a distance contract relating to a series of products and/or services, where the obligation of delivery and/or purchase is spread over time;
Durable data carrier: any tool which enables the consumer or the trader to store information addressed personally to them in a way that makes it accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form which the trader makes available to the consumer and which the consumer can use when they wish to exercise their right of withdrawal;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organised by the trader for the distance selling of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more means of distance communication;
Means of distance communication: any means which can be used for the conclusion of a contract without the consumer and the trader being simultaneously present in the same place;
General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the trader
Registered name: My Steel BV
Trade name: My Steel
Business address: Energieweg 35, 5422 VM Gemert
Telephone number: 0492-745200, available on working days from 8:00 to 16:30 and on Fridays from 8:00 to 16:00.
Email address: info@mysteel.nl
Chamber of Commerce number: 81444982
VAT identification number: NL862095189B01

Article 3 – Scope of application

These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be supplied to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, by electronic means or otherwise, at the consumer’s request.
Where, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 shall apply by analogy, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions shall remain in force in all other respects, and the relevant provision shall be replaced without delay, by mutual agreement, by a provision whose purpose and intent corresponds as closely as possible to the original provision.
Situations that are not regulated in these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these general terms and conditions shall likewise be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The trader is entitled to amend and adapt the offer.
The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall not be binding on the trader.
All images, specifications and information in the offer are indicative and shall not give rise to any claim for damages or cancellation of the contract.
Images of products are a truthful representation of the products offered. The trader cannot, however, guarantee that the colours displayed will match the actual colours of the products exactly.
Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
• the price including taxes;
• any costs of delivery;
• the manner in which the contract will be concluded and which actions are necessary for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the contract;
• the period for acceptance of the offer, or the period during which the trader guarantees the price;
• the level of the tariff for distance communication, if the costs of using the means of distance communication are calculated on a basis other than the basic rate of the means of communication used;
• whether the contract will be archived after it has been concluded and, if so, how it may be accessed by the consumer;
• the way in which the consumer, before concluding the contract, can check and, if desired, rectify the data they have provided within the framework of the contract;
• any other languages in which the contract can be concluded, in addition to Dutch;
• the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a continuing contract;
• available sizes, colours and types of materials.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions laid down therein.
If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded by electronic means, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
Within the limits of the law, the trader may obtain information about whether the consumer can meet their payment obligations, as well as all those facts and factors that are relevant for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to conclude the contract, the trader is entitled to refuse an order or request with reasons, or to attach special conditions to the performance.
The trader shall send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product or service to the consumer:
a. the visiting address of the trader’s establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information regarding guarantees and existing after-sales service;
d. the information referred to in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before performance of the contract;
e. the conditions for terminating the contract, if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing contract, the provision in the previous paragraph applies only to the first delivery.
Every contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

For delivery of products:

When purchasing products, the consumer has the option to cancel the order without giving any reason for a period of 14 days. This cooling-off period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the trader, has received the product.
During the cooling-off period the consumer shall handle the product and the packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the right of withdrawal, the consumer shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the trader of this within 14 days after receiving the product. The consumer must give notice by using the model form. After the consumer has indicated that they wish to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the product has been returned in time, for example by means of proof of dispatch.
If, at the end of the periods referred to in paragraphs 2 and 3, the consumer has not explicitly indicated that they wish to exercise the right of withdrawal and/or has not returned the product to the trader, the purchase is a fact.

For provision of services:

In the case of the provision of services, the consumer has the right to dissolve the contract without giving any reason for a period of at least 14 days, starting on the day the contract is concluded.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader in the offer and/or at the latest upon the provision of the service.

Article 7 – Costs in case of withdrawal

If the consumer exercises the right of withdrawal, the consumer shall not bear more than the direct costs of returning the product.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition is that the product has already been received back by the trader or that conclusive evidence of complete return can be provided. Refund will be made via the same payment method that was used by the consumer, unless the consumer expressly agrees to another payment method.
If the product has been damaged or the packaging is more damaged than necessary to test the product, we may charge the consumer for any reduction in the value of the product. Treat the product with care and ensure that it is properly packaged when returning it.
The consumer cannot be held liable for any diminution in value of the product if the trader has not provided all legally required information on the right of withdrawal; this must be done before the conclusion of the sales contract.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal only applies if the trader clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
a. that are manufactured by the trader according to the consumer’s specifications, such as custom-made products;
b. products with a special or other RAL colour which are coated specifically for you and can therefore unfortunately not be returned. The sale is final after successful payment;
c. which are clearly of a personal nature;
d. which, by their nature, cannot be returned;
e. which are liable to deteriorate or expire rapidly;
f. whose price is dependent on fluctuations in the financial market which the trader cannot control;
g. individual newspapers and magazines;
h. audio and video recordings and computer software of which the seal has been broken by the consumer;
i. hygiene products of which the seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period;
b. where the performance has begun with the express consent of the consumer before the cooling-off period has expired;
c. relating to betting and lotteries.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market which the trader cannot control, at variable prices. This link to fluctuations and the fact that any stated prices are target prices shall be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer for products or services include VAT.
All prices are subject to printing and typesetting errors. No liability shall be accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader shall not be obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the trader also warrants that the product is suitable for use other than normal use.
Any warranty provided by the trader, manufacturer or importer shall not affect the statutory rights and claims which the consumer may assert against the trader on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.
The warranty period of the trader corresponds to the manufacturer’s warranty period. However, the trader shall never be responsible for the product’s ultimate suitability for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
• the consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties;
• the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the trader and/or on the packaging;
• the defect is wholly or partly the result of regulations laid down or to be laid down by the authorities with regard to the nature or quality of the materials used.

Article 11 – Delivery and performance

The trader shall take the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.
The place of delivery is the address which the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the contract without costs. The consumer shall not be entitled to any compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution of the contract in accordance with paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the trader shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the trader.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing contracts: duration, termination and renewal
Termination

The consumer may at any time terminate a contract that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of not more than one month.
The consumer may at any time terminate a contract that has been concluded for a fixed term and which extends to the regular delivery of products (including electricity) or services at the end of the fixed term, with due observance of the agreed termination rules and a notice period of not more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
• at any time and shall not be restricted to termination at a specific time or in a specific period;
• at least in the same way as they were concluded by the consumer;
• always with the same notice period as the trader has stipulated for themselves.

Renewal

A fixed-term contract that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
By way of derogation from the previous paragraph, a fixed-term contract that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of not more than one month.
A fixed-term contract that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of not more than one month and with a notice period of not more than three months in the case where the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular delivery, by way of introduction, of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically after the trial or introductory period has expired.
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of not more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period shall commence after the consumer has received the confirmation of the contract.
The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.
In the event of non-payment by the consumer, the trader shall, subject to statutory restrictions, be entitled to charge the consumer reasonable costs which have been notified to the consumer in advance.

Article 14 – Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted fully and clearly described to the trader within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint foreseeably requires a longer processing time, the trader shall respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the applicable dispute resolution procedure.
If the consumer is not satisfied with the way in which a complaint has been handled by the trader, the consumer may contact an external body for advice, such as a consumer organisation, a legal adviser or another institution which handles disputes in the consumer’s country. In addition, the consumer may, if desired, submit a complaint about MySteel to Trusted Shops. The assessment and further handling of a complaint submitted to Trusted Shops is carried out entirely in accordance with the procedures and conditions of Trusted Shops.
Submitting a complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader shall, at their option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law, even if the consumer is resident abroad.
The United Nations Convention on Contracts for the International Sale of Goods (CISG/Vienna Sales Convention) does not apply.

Article 16 – Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable data carrier in an accessible form.

My Basket

429 Too Many Requests

General terms and conditions