Terms of service
General Terms and Conditions with Customer Information Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects
- Applicable Law
- Alternative Dispute Resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Vincent Janssen, acting under "Primesource B.V." (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller on the online marketplace www.supplyswap.com (hereinafter "Supplyswap.com"). The inclusion of the Customer's own conditions is hereby objected to unless otherwise agreed.
1.2 For contracts for the delivery of goods with digital elements, these GTC apply accordingly, unless otherwise regulated. The Seller is obligated to provide digital content or digital services (hereinafter "digital products") along with the delivery of the goods, which are contained or connected in such a way that the goods cannot fulfill their functions without them.
1.3 For contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, these GTC apply accordingly, unless otherwise regulated. Digital content within the meaning of these GTC are data created and provided in digital form.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Conclusion of Contract
2.1 The product descriptions presented on Supplyswap.com do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit their offer via the online order form provided on Supplyswap.com. After placing the selected goods in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the order process.
2.3 The Seller may accept the Customer's offer within five days by:
- sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- requesting the Customer to make a payment after placing their order.
If multiple of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 The contract text is stored by the Seller and sent to the Customer after submitting their order along with the present GTC and customer information in text form (e.g., email, fax, or letter). The contract text is not made accessible by the Seller beyond this.
2.5 Before submitting the binding order, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic order process using the usual keyboard and mouse functions until they click the button that concludes the order process.
2.6 Only the English language is available for the conclusion of the contract.
2.7 Order processing and contacting take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller can be delivered when using spam filters.
3. Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4. Prices and Payment Conditions
4.1 The prices indicated by the Seller are total prices and include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment options will be communicated to the Customer in the Seller's product description.
4.4 Payment processing is carried out by cflox GmbH, Große Brunnenstraße 122, 22763 Hamburg, on behalf of the Seller. For payment processing, cflox GmbH may use additional payment service providers, which will be communicated to the Customer in the payment information on Supplyswap.com. Here, the Customer will also receive further information about the respective payment service provider and the specific payment conditions.
5. Delivery and Shipping Conditions
5.1 The delivery of goods is made by shipping to the delivery address specified by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing on Supplyswap.com is decisive.
5.2 For goods delivered by a forwarding agency, delivery is made "free curbside," i.e., to the curbside nearest to the delivery address, unless otherwise specified in the Seller's product description on Supplyswap.com and unless otherwise agreed.
5.3 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply concerning the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. For the return costs, if the Customer exercises their right of withdrawal effectively, the provisions set forth in the Seller's cancellation policy apply.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.
6. Retention of Title
If the Seller provides advance performance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
7. Liability for Defects
7.1 Unless otherwise stated in the following provisions, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:
- If the Customer acts as an entrepreneur:
- The Seller has the choice of the type of subsequent performance.
- For new goods, the limitation period for defects is one year from delivery of the goods.
- For used goods, the rights and claims for defects are excluded.
- The limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
7.2 The aforementioned limitations and shortening of the period do not apply:
- To claims for damages and reimbursement of expenses by the Customer,
- If the Seller has fraudulently concealed the defect,
- For goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- For any existing obligation of the Seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.
7.3 For entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.
7.4 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the delivery agent and to inform the Seller of this. If the Customer does not comply, this has no effect on their statutory or contractual claims for defects.
8. Applicable Law
This choice of law applies to the statutory right of withdrawal not for consumers who, at the time of conclusion of the contract, are not a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
9. Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: Online Dispute Resolution
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Company Information
Website Name: SupplySwap
Address: Oude Staat 15A, 6118 AW Nieuwstadt, Netherlands
Email: service@supplyswap.com
Contact Form: here
Phone: +31 616821948
Company Number: 89243641
VAT Number: NL864921925B01
Customer Service Hours:
Monday to Friday from 09:00 to 17:00
We strive to respond within one business day.