1. Parties involved These terms and conditions of delivery are part of all agreements and apply to all (other) acts and legal acts between Hans van Dijk Exploitatie, the seller, from whom you (buyer business) order products via this website, and you, even if those (legal) acts should not lead to, or are not related to, an agreement. 1.1 Business buyer and private buyer Business buyers are those who apparently order on behalf of a company, association or foundation and who have made themselves known in communication. A private buyer is always a natural person. (private person) 1.2 Reservation of private buyers The webshops: ijsmachine.com, www.musso-spareparts.com and Elcor.nl are exclusively intended for business buyers. (Business to Business webshop) On these websites you are required to provide your company name and you will always be considered a business buyer, regardless of whether you specify as your company name "none", "private", "private" etc. 2. Conclusion of the agreement An agreement is concluded when the buyer has ordered one or more products via one of the seller's websites and has received the order confirmation of this order from the seller electronically. The order confirmation will be deemed to have been received when it is accessible to you. 3. Offers 3.1 All offers on this website are without obligation. Offers are subject to the availability of ordered products. All images of products to be ordered are indicative only. The Seller or the relevant supplier is not liable for deviations of any kind. 4. Payment Methods Seller accepts the following payment methods: Off-line payment methods, i.e. cash payment and prepayment by bank transfer. The buyer can also pay online using iDEAL, Visa, Mastercard, V-Pay, Maestro and PayPal payment system. Post-payment is possible for limited amounts for Dutch customers, via our financial provider Billink.For customers from Belgium, Bancontact/MrCash Online is also available. Some payment methods may incur fees. 5. Products Pricing All prices indicated on www.ijsmachine.com, www.musso-spareparts.com and www.elcor.nl are in euros and are stated excluding VAT. All listings/images/prices are subject to type/scan errors and/or modifications by the manufacturer. (see terms and conditions) 6. Delivery 6.1 Delivery of the products ordered by the buyer takes place by and for the responsibility of the seller whose product(s) the buyer has ordered. 6.2 The Seller may charge you an amount for orders as a contribution to the shipping and packaging costs. For items with extreme dimensions, we apply different delivery costs. 6.3.1 For items in stock that can be sent with a parcel service, the Seller applies the rule that the Parcel is handed over to the shipping company on the same working day or the following working day at the latest. 6.3.2 If the buyer opts for the reduced shipping via DHL or DPD, the delivery time will be longer. More about this on our website. The delivery times are an indication and not a deadline. 6.4 The Seller is entitled to apply partial deliveries. 6.5 The Seller is entitled to apply neighbour delivery if there is apparently no one at home at the delivery address. 6.6.1 If the delivery address is not accessible by car throughout the day, the buyer must inform the seller in advance, by means of a notification in the comments field during the ordering process or directly by e-mail or online form, after the order has been placed. 6.6.2 If delivery cannot be made through no fault of the Seller, the Seller may charge transport costs again for a new delivery. 6.7 The statutory delivery period may not exceed 30 days, measured from the date of receipt of the payment or the guarantee provided by the financing company. (pay afterwards) 6.8 Deliveries will only take place within the Netherlands and Belgium, unless otherwise indicated on the websites. 6.9 For special orders or custom orders, the delivery time can be up to a maximum of 26 weeks. For special orders, seller may ask for a deposit. 7. Cooling-off Period – Distance Buying Law 7.1 After a private buyer has placed his order, he/she has the authority to dissolve the underlying agreement with the seller within 14 calendar days thereafter. This is laid down in the "Distance Buying" Act. 7.2 If a private buyer wishes to dissolve the agreement pursuant to article 7.1 of these terms and conditions, he must notify the seller in writing (via e-mail, online form or letter). If delivery has already been made, the buyer will receive a return label, return form and leaflet by e-mail. Private buyer must return the product to the seller's address as stated on the return label within 14 days of receipt, accompanied by a fully completed return form. 7.3 The Buyer must bear the costs and risk of the return. 7.4 If the Buyer has already made any payments at the time that the Seller has withdrawn from the agreement with the Seller pursuant to Articles 7.1 and 7.2 of these Terms and Conditions, the Seller shall refund these payments to the Buyer within 14 calendar days after the Seller has received the product returned by the Buyer. 7.5 The Seller reserves the right to refuse returned products or to credit only a part of the amount already paid if it is suspected that the product has already been opened, used or damaged by your fault (other than that of the Seller or the supplier of the product). 7.6 If a Product is returned which, in the opinion of the Seller, has suffered damage, which is attributable to any act or omission of the Buyer or is otherwise at your risk, the Seller shall notify the Buyer in writing (by letter or e-mail). The Seller has the right to deduct the depreciation of the product as a result of this damage from the amount to be refunded to the Buyer. 7.7 Items excluded from return are any items that can be used in a direct food environment. This is for hygienic reasons. Also excluded from return are items that have been ordered, manufactured or modified especially for the customer. 8. Complaints 8.1 The Seller is responsible for the products shown and delivered by him and their delivery. If the delivered goods do not comply with the agreement, the seller will still deliver the missing item, or, at his discretion, proceed to repair or replace the delivered product. 8.2 Immediately upon receipt, the buyer must unpack the delivered goods and check it for defects and damage. If there are any defects or damage, the buyer should not accept the delivery. If delivery is made by an external courier service and there are non-visible defects or damage, the buyer has 24 hours to notify the seller. This must be done by e-mail or letter. 9. Liability 9.1 All offers/images/prices are subject to type/scan errors and/or changes by the manufacturer/supplier. The seller's total liability due to attributable failure to comply with the agreement is limited to compensation for direct damage up to the amount you paid for the product, through which or in connection with which the damage was caused; the total liability of the seller will in any case be limited to an amount of a maximum of twenty-two hundred and fifty euros (EUR 2250.00). Seller's liability for indirect damages, including consequential damages, lost profits, missed savings and damage due to business interruption, is excluded. For the rest, the seller is not liable for any damages, regardless of the ground on which an action for damages would be based. These limitations of liability do not apply insofar as the damage is caused by intent or deliberate recklessness on the part of the seller or insofar as they are in conflict with provisions of mandatory law. 10. Method of Warranty Handling If the customer believes that he wants to claim a warranty on an item, this must always be done in writing by e-mail. The customer must substantiate his claim and preferably provide it with photos. At the request of the seller, the customer must return the item claimed for warranty to the seller, where further investigation will take place. The cost of transportation will be borne by the buyer at all times. Upon request from the seller, the buyer has 14 days within which the item claimed for warranty must be returned. If the item is not received within this period, the seller will unilaterally terminate the handling of the warranty claim. 11. Retention of title All Products delivered by Seller shall remain the property of Seller or its subcontractors until the amount due under the Agreement in respect of those Products has been paid in full, including any interest and collection costs due. 12. Privacy Statement & Cookies What happens to your data when you place an order with us? All our customers are sacred to us and we handle your data with great care. So we will not misuse them by selling them or making them available to others. All our websites always use an SSL secured connection so that no one can watch. So that's nice! When you visit our website for the first time, you will also see a so-called "cookie notice". If you want to continue viewing our website, you must press agree and, if not, leave our website. 13. Governing Law and Dispute Resolution All legal relationships between the seller and the buyer are governed by Dutch law. The applicability of the Vienna Sales Convention is excluded. Insofar as rules of mandatory law do not prescribe otherwise, all disputes that may arise as a result of an agreement will be submitted to the competent court in Assen, unless another court would have jurisdiction on the basis of the law and you choose to have the dispute settled by that court within five (5) weeks after the seller or supplier has invoked this article in writing. --------------------------------------------------------------------------- www.ijsmachine.com, www.musso-spareparts.com and www.elor.nl are B-to-B webshops of the Hans van Dijk Exploitatie Maatschappij located in Emmen, Vitus Beringstraat 22, 7825 AJ Emmen, The Netherlands - Phone+31 (0)591-714706Registered with the Chamber of Commerce in Meppel under number 35018982 - VAT number NL001187205B69