Terms and Conditions Layer7, based in Winterswijk

Version valid from 01-03-2025

 

1. General

1.1 These general terms and conditions apply to every offer from Layer7 and to every agreement concluded between Layer7 and the consumer. The terms are accessible to everyone and are included on the Layer7 website. We will send you a written copy upon request.

1.2 By placing an order, you indicate that you agree to the delivery and payment terms. Layer7 reserves the right to change its delivery and/or payment terms after the expiry of the term.

1.3 Unless otherwise agreed in writing, general or specific conditions or terms of third parties will not be acknowledged by Layer7.

1.4 Layer7 guarantees that the delivered product complies with the agreement and meets the specifications mentioned in the offer.

 

2. Delivery

2.1 Delivery takes place while stocks last.

2.2 Under the rules of distance selling, Layer7 will execute orders at least within 30 days, unless another delivery period has been agreed. If delivery within 30 days or otherwise agreed delivery time is not possible (because the order is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially carried out, the consumer will be informed within 1 month after placing the order and in that case has the right to cancel the order without costs and notice of default.

2.3 Layer7’s delivery obligation will be deemed fulfilled, subject to proof to the contrary, as soon as the goods delivered by Layer7 have been offered to the customer once. In the case of home delivery, the carrier’s report, stating the refusal of acceptance, shall constitute full proof of the offer of delivery.

2.4 All deadlines mentioned on the website are indicative. Therefore, no rights can be derived from the mentioned deadlines.

 

3. Prices

3.1 Prices will not be increased during the term of the offer, unless mandatory legal measures make this necessary or if the manufacturer implements interim price increases.

3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.

3.3 All prices on the site are in Euros and include 21% VAT.

 

4. Cooling-off Period / Right of Withdrawal

4.1 In case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer is entitled to return (part of) the delivered goods within a period of 14 working days without giving reasons. This period starts the moment the ordered goods have been delivered. Before proceeding with the return, the buyer is obliged to notify Layer7 in writing within 14 working days of receipt. If the buyer has not reported to make use of the legal right of return within the trial period of 14 days after receipt, the purchase is a fact. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess the nature, characteristics and functioning of the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur within 28 days of receipt, in accordance with the reasonable and clear instructions provided by the entrepreneur. The customer must prove that the delivered goods were returned in time, for example by means of a proof of postal delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way at the buyer's premises, Layer7 reserves the right to charge depreciation. Subject to the provisions of the previous sentence, Layer7 shall take care of reimbursement within 14 days after proper receipt of the return shipment or 14 days after proof of return (the contents of the return shipment must be explicitly mentioned on the proof of shipment). When returning the entire purchase, the full purchase amount including any shipping and/or payment costs will be refunded to the buyer. When returning only part of the received purchases, only the purchase value of the returned goods will be refunded. Additional costs resulting from a more expensive shipping method than the cheapest standard delivery will never be refunded. Returning the delivered goods is entirely at the customer's expense and risk.

4.2 The right of withdrawal does not apply to:

  • service agreements, after full performance of the service, and only when performance has begun with the express prior consent of the consumer and the consumer has acknowledged that they will lose their right of withdrawal as soon as the trader has fully performed the agreement;
  • goods or services whose price is subject to fluctuations on the financial market, which the supplier cannot influence and which may occur within the withdrawal period
  • goods manufactured according to consumer specifications, for example custom-made, or that have a clearly personal character
  • products whose shelf life has expired within the 14-day cooling-off period (spoilage).
  • sealed products which are, for reasons of health or hygiene, not suitable for return and whose seal has been broken after delivery
  • sealed audio or video recordings or software, the seal of which has been broken
  • for goods or services that cannot be returned due to their nature, for example due to hygiene or because they are perishable or quickly become obsolete
  • the delivery of loose newspapers and magazines

 

5. Data Management

5.1 If you place an order with Layer7, your details will be recorded in Layer7's customer database. Layer7 complies with the Personal Data Registration Act and will not disclose your details to third parties. See our Privacy Policy.

5.2 Layer7 respects the privacy of the users of the website and ensures that your personal data is treated confidentially.

5.3 Layer7 uses a mailing list in some cases. Each mailing contains instructions on how to unsubscribe yourself from this list.

 

6. Guarantee and conformity

6.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements for soundness and/or usability, and the statutory provisions and/or government regulations in force on the date of the conclusion of the agreement.

6.2 A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur regarding a failure to fulfil the entrepreneur's obligations under the law and/or the distance contract.

6.3 If the delivered item is found to be incorrect, defective, or incomplete, the customer must notify Layer7 in writing of these defects within 2 months of discovering the defect (before returning it to Layer7). The items must be returned in their original packaging (including accessories and associated documentation). Use of the item after discovery of the defect, damage incurred after discovery of the defect, encumbrance, and/or resale after discovery of the defect, will entirely forfeit the right to complain and return.

6.4 If complaints by the customer are found by Layer7 to be well-founded, Layer7 will repair or replace the delivered goods free of charge at the choice of the consumer. Any liability of Layer7 for damage is limited to at most the invoice amount of the goods concerned. Any liability of Layer7 for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect or consequential damage or damage due to loss of profit. Layer7 is not liable for damage resulting from incorrect use of the delivered goods and/or failure to observe safety regulations.

6.5 Layer7 is not liable for damage caused by intent or by equivalent wilful recklessness of non-managerial personnel.

6.6 This warranty does not apply if: A) and as long as the buyer is in default with Layer7; B) the buyer has repaired and/or modified the delivered goods themselves, or has had them repaired/modified by third parties. C) the delivered goods have been exposed to abnormal circumstances or have been handled carelessly in any other way, or have been handled in violation of the instructions of Layer7 and/or the user manual on the packaging;

 

7. Offers

7.1 Offers are non-binding, unless stated otherwise in the offer.

7.2 Upon acceptance of a non-binding offer by the buyer, Layer7 reserves the right to revoke or deviate from the offer within 3 working days of receiving such acceptance.

7.3 Verbal commitments are binding on Layer7 only after they have been expressly confirmed in writing.

7.4 Offers from Layer7 do not automatically apply to backorders.

7.5 Layer7 cannot be bound by its offer if the buyer ought to have understood that the offer, or part thereof, contained a manifest error or misprint.

7.6 Additions, amendments and/or further agreements are only valid if agreed in writing.

 

8. Agreement

8.1 An agreement between Layer7 and a customer is established after a purchase order has been assessed for feasibility by Layer7.

8.2 Layer7 reserves the right to refuse orders or commissions without stating reasons, or to accept them only on the condition that shipment is C.O.D. or after prepayment.

 

9. Images and specifications

9.1 All images; photos, drawings, etc.; including data concerning weights, dimensions, colours, images of labels, etc. on the Layer7 website are only approximate, are indicative and cannot give rise to compensation for damages or dissolution of the agreement.

 

10. Force majeure

10.1 Layer7 shall not be liable, if and to the extent its obligations cannot be fulfilled as a result of force majeure.

10.2 Force majeure is understood to mean any foreign cause, as well as any circumstance, which should not reasonably be at its risk. Delay at or failure to perform by our suppliers, internet disruptions, electricity disruptions, e-mail traffic disruptions and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/or manufacturers of Layer7 as well as auxiliaries, sickness of staff, deficiencies in auxiliary or transport means shall explicitly be considered force majeure.

10.3 In the event of force majeure, Layer7 reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that performance remains possible. In no case shall Layer7 be obliged to pay any penalty or compensation.

10.4 If Layer7 has already partially fulfilled its obligations at the time force majeure occurs, or can only partially fulfill its obligations, it is entitled to separately invoice the part already delivered or deliverable, and the purchaser shall be obliged to pay this invoice as if it were a separate contract. This shall not apply, however, if the part already delivered or deliverable has no independent value.

 

11. Liability

11.1 Layer7 is not liable for damage to vehicles or other objects caused by the incorrect use of the products. Read the instructions on the packaging before use and/or consult our website.

 

12. Retention of title

12.1 Ownership of all items sold and delivered by Layer7 to the customer remains with Layer7 as long as the customer has not paid Layer7's claims under the agreement or previous or subsequent similar agreements, as long as the customer has not yet paid the work performed or to be performed under these or similar agreements and as long as the customer has not yet paid Layer7's claims for failure to fulfil such obligations, including claims in respect of fines, interest and costs, all as referred to in Art:92 BW.

12.2 Goods supplied by Layer7 that are subject to retention of title may only be resold in the ordinary course of business and shall never be used as a means of payment.

12.3 The buyer is not permitted to pledge or otherwise encumber the goods subject to the retention of title.

12.4 The buyer hereby gives unconditional and irrevocable consent to Layer7 or a third party appointed by Layer7 to enter, in all cases where Layer7 wishes to exercise its property rights, all locations where its properties are then located and to take the items there.

12.5 If third parties lay seizure on the goods delivered under retention of title, or wish to establish or assert rights thereto, the customer is obliged to inform Layer7 as soon as reasonably expected.

12.6 The buyer undertakes to insure and keep insured the items delivered subject to retention of title against fire, explosion and water damage, as well as against theft, and to provide the policy for this insurance for inspection by Layer7 upon first request.

 

13. Applicable law/competent court

13.1 Dutch law applies to all agreements.

13.2 Disputes arising from an agreement between Layer7 and the buyer, which cannot be resolved by mutual consultation, shall be brought before the competent court within the district of Dronten, unless Layer7 prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the jurisdiction of the district court.