Terms of service

General Terms and Conditions of Meijer Sales Company

This is a translation of the Dutch general terms and conditions, provided for your convenience. In the event of any difference in content or interpretation, the Dutch text is decisive (see Article 21.2).

D.S.T. Meijer, trading as Meijer Sales Company (hereinafter: MSC), is registered with the Dutch Chamber of Commerce under number 78060680, registered address: Aweg 6A, 9718 CS Groningen (not a visiting address), and is actually established at Winschoterweg 1-7, 9723 CG Groningen, the Netherlands.

Article 1 - Definitions

1. In these general terms and conditions the following terms have the following meaning, unless expressly stated otherwise:

2. Offer: Any written offer to the Buyer for the supply of Products by the Seller, with which these terms and conditions are inseparably connected.

3. Business: The natural or legal person acting in the exercise of a profession or business.

4. Consumer: The natural person not acting in the exercise of a profession or business.

5. Buyer: The Business or the Consumer entering into an Agreement (at a distance) with the Seller.

6. Agreement: The purchase agreement (at a distance) for the sale and delivery of Products purchased by the Buyer from MSC.

7. Products: The Products offered by MSC are electric submersible pumps, pump installations and accessories.

8. Seller: The supplier of Products to the Buyer, hereinafter: MSC.

Article 2 - Applicability

1. These general terms and conditions apply to every Offer by MSC and to every Agreement between MSC and a Buyer, and to every Product offered by MSC.

2. Before an Agreement (at a distance) is concluded, the Buyer is given access to these general terms and conditions. If this is not reasonably possible, MSC will inform the Buyer how the Buyer can consult the general terms and conditions, which are in any event published on the MSC website, so that the Buyer can easily store these general terms and conditions on a durable medium.

3. In exceptional situations these general terms and conditions may be departed from, if this has been expressly agreed in writing with MSC.

4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general terms and/or purchasing conditions of the Buyer are expressly rejected.

5. If one or more provisions of these general terms and conditions are wholly or partly void or are annulled, the remaining provisions of these general terms and conditions remain in force, and the void/annulled provision(s) will be replaced by a provision with the same purport as the original provision.

6. Ambiguities about the content or interpretation, or situations not governed by these general terms and conditions, must be assessed and interpreted in the spirit of these general terms and conditions.

7. Where these general terms and conditions refer to she/her, this is also to be understood as a reference to he/him/his, if and in so far as applicable.

Article 3 - The Offer

1. All offers made by MSC are without obligation, unless expressly stated otherwise in writing. If the Offer is valid only in a limited way or under specific conditions, this is expressly stated in the offer. There is only an Offer once it has been recorded in writing.

2. The Offer made by MSC is without obligation. MSC is only bound by the Offer if its acceptance by the Buyer is confirmed in writing within 30 days, or if the Buyer has already paid the amount due. Nevertheless, MSC has the right to refuse an Agreement with a potential Buyer for a reason that is valid to MSC.

3. The Offer contains an accurate description of the Product offered with the corresponding prices. The description is sufficiently detailed to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer are not binding on MSC. Any images and specific data in the Offer are only an indication and cannot be grounds for any compensation or for dissolution of the Agreement (at a distance). MSC cannot guarantee that the colours in the image correspond exactly to the real colours of the Product.

4. Delivery times and periods stated in the Offer by MSC are indicative and, if exceeded, do not give the Buyer any right to dissolution or compensation, unless expressly agreed otherwise.

5. A composite quotation does not oblige MSC to deliver part of the goods included in the offer or Offer at part of the stated price.

6. If and in so far as there is a special offer, this does not automatically apply to repeat orders. Special offers are valid only while stocks last, on a first come, first served basis.

Article 4 - Formation of the Agreement

1. The Agreement is formed at the moment the Buyer has accepted an Offer by MSC by placing an order, or by paying for the Product concerned. An Agreement formed outside the website has been accepted by the Buyer at the moment the Buyer has returned a signed copy (scanned or original) to MSC, or gives explicit and unambiguous approval of the Offer by e-mail.

2. An Offer can be made by MSC through the website, by telephone, by e-mail and orally.

3. If the Buyer has accepted the Offer by concluding an Agreement with MSC, MSC will confirm the Agreement with the Buyer in writing, or at least by e-mail.

4. If the acceptance deviates from the Offer (on minor points), MSC is not bound by it.

5. MSC is not bound by an Offer if the Buyer could reasonably have expected, or should have understood, or ought to have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from such a mistake or clerical error.

6. The right of withdrawal is excluded for a Buyer that is a Business. A Buyer that is a Consumer has the right to exercise the right of withdrawal within the statutory period. Where withdrawal applies, the Buyer will handle the Product and the packaging with care. The Buyer will only unpack the Product in order to establish the nature, characteristics and operation of the Product. The Product may not be opened and/or used. If the Buyer exercises the right of withdrawal, the Buyer will return the Product with all accessories supplied and - where reasonably possible - in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader. The direct cost of returning the Product is borne by the Buyer.

7. You have the right to withdraw from the Agreement within a period of 14 days without giving reasons. The withdrawal period expires 14 days after the day on which you, or a third party designated by you who is not the carrier, take physical possession of the last Product. To exercise the right of withdrawal you must inform us at info@dompelpomp.shop of your decision to withdraw from the Agreement by means of an unequivocal statement.

8. If you exercise the right of withdrawal, you must: handle all goods received and their packaging with care. You may only unpack or use those goods (products) to the extent necessary to establish the nature, characteristics and operation of the goods. If you handle the goods in any other way, you are liable for any loss of value of the goods caused as a result, unless the web shop has failed to provide you with all legally required information about the right of withdrawal before or at the conclusion of the Agreement; return the goods (the product) to the web shop within 14 days, counting from the day after the day on which you made the statement referred to in this article. The direct cost of returning goods is borne by you, but only if the web shop has informed you of this before the conclusion of the Agreement; return the goods as far as possible with all accessories supplied, in their original condition and packaging, and in accordance with the instructions reasonably and clearly provided to you by the web shop.

9. If you exercise your right of withdrawal, the order amount (including shipping costs) will be refunded by MSC within 14 days of receipt of your notice of withdrawal, provided the Product has already been received back in good order or you have demonstrated that you have returned the goods.

Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

To: Meijer Sales Company (Dompelpomp Shop), Winschoterweg 1-7, 9723 CG Groningen, the Netherlands, info@dompelpomp.shop

I/We* hereby give notice that I/We* withdraw from our agreement for the sale of the following goods/supply of the following service*:

Ordered on*/received on* (*delete as appropriate)

Name(s) of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is submitted on paper):

Date:

Article 5 - Performance of the Agreement

1. MSC will perform the Agreement to the best of its insight and ability.

2. If and in so far as proper performance of the Agreement requires this, MSC has the right to have certain work carried out by third parties at its own discretion.

3. The Buyer ensures that all data which MSC indicates are necessary, or which the Buyer should reasonably understand to be necessary for the performance of the Agreement, are provided to MSC in good time. If the data required for the performance of the Agreement have not been provided to MSC in good time, MSC has the right to suspend performance of the Agreement.

4. In performing the Agreement, MSC is not obliged or bound to follow the Buyer's instructions if this changes the content or scope of the Agreement. If the instructions result in additional work for MSC, the Buyer is obliged to reimburse the additional or ancillary costs accordingly.

5. Before proceeding with performance of the Agreement, MSC may require security from the Buyer, or full payment in advance.

6. MSC is not liable for damage of any kind arising because MSC relied on incorrect and/or incomplete data provided by the Buyer, unless MSC was aware of that inaccuracy or incompleteness.

7. The Buyer indemnifies MSC against any claims by third parties who suffer damage in connection with the performance of the Agreement and which is attributable to the Buyer.

8. If instructed to do so, MSC may advise the Buyer regarding the Product. The content of such advice is not binding and is advisory only, although MSC will observe the duties of care incumbent upon it. The client decides for itself and on its own responsibility whether to follow the advice.

9. The nature of the services means that the result always depends on external factors that may influence MSC's reports and advice, such as the quality, accuracy and timely provision of the necessary information and data by the Buyer. The Buyer is responsible for the quality and for the timely and correct provision of the necessary data and information.

10. The Buyer will notify MSC in writing, before the start of the assignment, of all circumstances that are or may be relevant, including any points and priorities to which the Buyer wishes attention to be paid.

Article 6 - Delivery

1. If the start, progress or (final) delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not done so in time, does not cooperate sufficiently, the (advance) payment has not been received by MSC in time, or any delay arises through other circumstances beyond MSC's control, MSC is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never strict deadlines. The Buyer must give MSC written notice of default and allow it a reasonable period to still deliver. The Buyer has no right to any compensation as a result of the delay.

2. The Buyer is obliged to take delivery of the goods at the moment they are made available under the Agreement, even if they are offered earlier or later than agreed.

3. If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, MSC is entitled to store the goods at the Buyer's expense and risk.

4. If the Products are delivered by MSC or an external carrier, MSC is entitled, unless agreed otherwise in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.

5. If MSC requires data from the Buyer for the performance of the Agreement, the delivery time only starts after the Buyer has made all data necessary for performance available to MSC.

6. If MSC has stated a period for delivery, this is indicative. Longer delivery periods apply for delivery outside the Netherlands.

7. MSC is entitled to deliver the goods in parts, unless this has been departed from in the Agreement or the partial delivery has no independent value. MSC is entitled to invoice what has been delivered separately.

8. Deliveries are only made if all invoices have been paid, unless expressly agreed otherwise. MSC reserves the right to refuse delivery if there is well-founded fear of non-payment.

Article 7 - Packaging and transport

1. MSC undertakes towards the Buyer to pack the goods to be delivered properly and to secure them in such a way that under normal use they reach their destination in good condition.

2. Unless agreed otherwise in writing, all deliveries are made including turnover tax (VAT), including packaging and packaging material.

3. Acceptance of goods without comments or remarks on the consignment note or receipt serves as evidence that the packaging was in good condition at the time of delivery.

Article 8 - Inspection, complaints

1. The Buyer is obliged to (have) inspect(ed) what has been delivered at the moment of delivery, but in any event within 14 days of receipt of what has been delivered, unpacking it only to the extent necessary to assess whether it will keep the Product. In doing so the Buyer must examine whether the quality and quantity of what has been delivered corresponds to the Agreement and whether the Products meet the requirements applying in normal (commercial) dealings. For Businesses a period of 3 days applies. After notification the buyer has a further 14 days to actually return goods.

2. The Buyer is obliged to investigate and inform itself how the Product is to be used. MSC accepts no liability for incorrect use of the Product by the Buyer.

3. Any visible defects or shortages must be reported to MSC in writing after delivery at info@dompelpomp.shop. The Buyer has a period of 14 days after delivery for this. Non-visible defects or shortages must be reported within 14 days of discovery but at the latest within 6 months of delivery. If the Product is damaged through careless handling by the Buyer itself, the Buyer is liable for any loss of value of the Product.

4. If a complaint is made in time in accordance with the previous paragraph, the business Buyer remains obliged to pay for the goods purchased. If the Buyer wishes to return defective goods, this may only be done with prior written permission from MSC and in the manner indicated by MSC.

5. If the Consumer exercises the right of withdrawal, the Consumer will return the Product and all accessories, in so far as reasonably possible, in their original condition and packaging to MSC, in accordance with MSC's return instructions. The direct cost of return shipments is at the Buyer's expense and risk.

6. After installation and/or commissioning of the Product by the Buyer, the Product can no longer be taken back.

7. MSC is entitled to start an investigation into the authenticity and condition of the returned Products before a refund is made. MSC is entitled to charge any loss of value to the Buyer.

8. Refunds to the Buyer are processed as soon as possible; the payment is refunded no later than 14 days after receipt of the return notification, provided the product has already been received back in good order. Refunds are made to the account number previously provided.

9. If the Buyer exercises its right of complaint, it has no right to suspend its payment obligation nor to set off outstanding invoices.

10. In the event of an incomplete delivery, and/or if one or more Products are missing, and this is attributable to MSC, MSC will, at the Buyer's request, send on the missing Product(s) or cancel the remainder of the order. The confirmation of receipt of the Products is decisive in this respect. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from MSC.

Article 9 - Prices

1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the event of changes in VAT rates.

2. The prices stated in the Offer include VAT, unless expressly stated otherwise.

3. The prices stated in the Offer are based on the cost factors applying at the time the Agreement was concluded, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.

4. In the case of Products or raw materials subject to price fluctuations on the financial market over which MSC has no influence, MSC may offer these Products at variable prices. The Offer will state that the prices are guide prices and may fluctuate.

Article 10 - Payment and collection policy

1. Payment may be made in advance or afterwards in the currency in which the invoice was issued, using the method indicated.

2. The Buyer cannot derive any rights or expectations from an estimate provided in advance, unless the parties have expressly agreed otherwise.

3. The Buyer must pay in one instalment to the account number and details of MSC made known to it. The parties may only agree a different payment term with the explicit written permission of MSC.

4. If a periodic payment obligation of the Buyer has been agreed, MSC is entitled to adjust the applicable prices and rates in writing, subject to a period of 3 months.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, MSC's claims against the Buyer are immediately due and payable.

6. MSC has the right to apply payments made by the Buyer first to reduce the costs, then to reduce the interest that has fallen due, and finally to reduce the principal sum and current interest. MSC may, without thereby being in default, refuse an offer of payment if the Buyer designates a different order of allocation. MSC may refuse full repayment of the principal sum if the interest fallen due and current interest as well as the costs are not also paid.

7. If the Buyer does not meet its payment obligation and has not met its obligation within the payment period of 14 days set for this, a Buyer that is a Business is in default. A Buyer that is a Consumer will first receive a written reminder with a period of 14 days from the date of the reminder to still meet the payment obligation, stating the extrajudicial costs if the Consumer does not meet its obligations within that period, before being in default.

8. From the date on which the Buyer is in default, MSC will, without further notice of default, claim the statutory (commercial) interest from the first day of default until payment in full, and compensation of the extrajudicial costs in accordance with article 6:96 of the Dutch Civil Code, calculated according to the scale in the Decree on compensation for extrajudicial collection costs of 1 July 2012.

9. If MSC has incurred more or higher costs that are reasonably necessary, those costs are eligible for compensation. The judicial and enforcement costs incurred are also for the account of the Buyer.

Article 11 - Retention of title

1. All goods delivered by MSC remain the property of MSC until the Buyer has fulfilled all the following obligations under all Agreements concluded with MSC.

2. The Buyer is not entitled to pledge the goods subject to retention of title, nor to encumber them in any other way, while title has not yet passed in full.

3. If third parties levy attachment on the goods delivered subject to retention of title, or wish to establish or enforce rights to them, the Buyer is obliged to inform MSC as soon as may reasonably be expected.

4. In the event that MSC wishes to exercise the ownership rights referred to in this article, the Buyer hereby gives unconditional and irrevocable permission and authorisation to MSC, or to third parties to be designated by MSC, to enter all those places where MSC's property is located and to take back those goods.

5. MSC has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) met its payment obligations, despite an obligation of MSC to transfer or hand over. After the Buyer has met its obligations, MSC will endeavour to deliver the purchased Products to the Buyer as soon as possible, but at the latest within 20 working days.

6. Costs and other (consequential) damage resulting from retaining the purchased Products are at the Buyer's expense and risk and will be reimbursed to MSC by the Buyer on first request.

Article 12 - Warranty

1. MSC guarantees that the Products comply with the Agreement, the specifications, usability and/or soundness stated in the offer and the statutory rules/regulations in force at the time the Agreement was concluded. This also applies if the goods to be delivered are intended for use abroad and the Buyer expressly notified the Seller of this use in writing at the time the Agreement was entered into.

2. For the Products sold and delivered with a manufacturer's warranty, only the warranty provisions set by that supplier apply. This manufacturer's warranty is valid as standard until 1 year after the commencement of the agreement.

3. The warranty does not apply if:

a) The Buyer has repaired and/or modified the delivered Products itself, or has had them repaired and/or modified by third parties;

b) The delivered Products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of MSC and/or on the packaging;

c) The defect is wholly or partly the result of regulations that the government has laid down or will lay down regarding the nature or quality of the materials used;

d) A medium has been pumped with the pump by the Buyer which is not suitable for the pump, the Product.

Article 13 - Suspension and dissolution

1. MSC is entitled to suspend performance of its obligations or to dissolve the Agreement if the Buyer does not meet, or does not fully meet, the (payment) obligations under the Agreement.

2. In addition, MSC is entitled to dissolve the Agreement existing between it and the Buyer, in so far as it has not yet been performed, without judicial intervention, if the Buyer does not meet the obligations arising for it from any Agreement concluded with MSC in time or properly.

3. Furthermore, MSC is entitled to (have) dissolve(d) the Agreement without prior notice of default if circumstances arise of such a nature that performance of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered continuation of the Agreement cannot reasonably be expected.

4. If the Agreement is dissolved, MSC's claims against the Buyer are immediately due and payable. If MSC suspends performance of its obligations, it retains its rights under the law and the Agreement.

5. MSC always retains the right to claim compensation.

Article 14 - Limitation of liability

1. If performance of the Agreement by MSC leads to liability of MSC towards the Buyer or third parties, that liability is limited to the costs charged by MSC in connection with the Agreement, unless the damage arose due to intent or gross negligence. MSC's liability is in any event limited to the amount of damages paid out by the insurance company at most per event per year.

2. MSC is not liable for consequential damage, indirect damage, loss of profit and/or losses suffered, lost savings and damage resulting from the use of the delivered Products, which is excluded. For a Consumer a limitation applies in accordance with what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.

3. MSC is not liable for and/or obliged to repair damage arising from the use of the Product. MSC supplies strict maintenance and usage instructions which must be observed by the Buyer. All damage to Products as a result of carrying and use is expressly excluded from liability (this includes signs of use, damage through use, drop damage, light and water damage, theft, loss, etc.).

4. MSC is not liable for damage that is or may be the result of any act or omission in response to (imperfect and/or incorrect) information on the website(s) or on linked websites.

5. MSC is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or for the website being unavailable for whatever reason.

6. MSC does not guarantee the correct and complete transmission of the content of e-mail sent by or on behalf of MSC, nor its timely receipt.

7. Any advice delivered by MSC on the basis of incomplete and/or incorrect information provided by the Buyer is never grounds for liability of MSC.

8. The content of the advice delivered by MSC is not binding and is advisory only. The Buyer decides for itself and on its own responsibility whether to follow the proposals and the advice of MSC referred to therein. All consequences arising from following the advice are at the Buyer's expense and risk. MSC is at all times free to make its own choices that deviate from the advice delivered by MSC. MSC is not obliged to make any form of refund if this is the case.

9. If a third party is engaged by or on behalf of the Buyer, MSC is never liable for the acts and advice of the third party engaged by the Buyer, nor for the processing of results (of advice drawn up) of the third party engaged by the Buyer in MSC's own advice.

10. All claims of the Buyer on account of a shortcoming on the part of MSC lapse if they have not been reported to MSC in writing and with reasons within one year after the Buyer was, or could reasonably have been, aware of the facts on which it bases its claims. All claims of the Buyer lapse in any event one year after the end of the Agreement.

Article 15 - Force majeure

1. MSC is not liable where, as a result of a situation of force majeure, it cannot meet its obligations under the Agreement, nor can it be held to perform any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault and is not for its account under the law, a legal act or generally accepted standards.

2. Force majeure includes in any event, but is not limited to, what is understood by it in law and case law: (i) force majeure of MSC's suppliers, (ii) failure to properly perform obligations by suppliers prescribed or recommended to MSC by the Buyer, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of internet, data network and telecommunication facilities (for example through: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes within MSC's business and (xi) other situations which in MSC's opinion fall outside its sphere of influence and which temporarily or permanently prevent performance of its obligations.

3. MSC has the right to invoke force majeure if the circumstance preventing (further) performance arises after MSC should have performed its obligation.

4. During the period that the force majeure continues, the parties may suspend the obligations under the Agreement. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to compensate the other party for damage.

5. In so far as MSC has in the meantime partly performed its obligations under the Agreement at the time force majeure occurs, or will be able to perform them, and the part performed or to be performed has independent value, MSC is entitled to invoice the part already performed or to be performed separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 16 - Passing of risk

The risk of loss of or damage to the Products that are the subject of the Agreement passes to a Buyer that is a business at the moment the goods leave MSC's warehouse. For Consumers, the above risk passes to the Buyer once the Products have been placed in the Buyer's control. This is the case once the Products have been delivered to the Buyer's delivery address.

Article 17 - Confidentiality

MSC and the Buyer undertake to keep confidential all confidential information obtained in the context of the Agreement. The confidentiality arises from the assignment and must also be assumed if one may reasonably expect the information to be confidential. Confidentiality does not apply if the information concerned is already public/generally known, the information is not confidential and/or the information was not disclosed to MSC by the Buyer during the Agreement and/or was obtained by MSC in another way.

Article 18 - Intellectual Property Rights

1. All intellectual property rights and copyrights of MSC rest exclusively with MSC and are not transferred to the Buyer.

2. The Buyer is prohibited from disclosing and/or reproducing, modifying or making available to third parties all documents in which the intellectual property rights and copyrights of MSC are vested, without the express prior written permission of MSC. If the Buyer wishes to make changes to goods delivered by MSC, MSC must give explicit approval of the intended changes.

3. The Buyer is prohibited from using the Products in which MSC's intellectual property rights are vested other than as agreed in the Agreement.

Article 19 - Privacy, data processing and security

1. MSC handles the (personal) data of the Buyer and of visitors to the website(s) with care. If requested to do so, MSC will inform the data subject about this.

2. If MSC is required under the Agreement to provide information security, this security will comply with the agreed specifications and a security level which, given the state of the art, the sensitivity of the data and the associated costs, is not unreasonable.

Article 20 - Complaints

1. If the Buyer is not satisfied with MSC's Products and/or has complaints about the (performance of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but at the latest within 14 calendar days of the event that led to the complaint. Complaints can be reported at info@dompelpomp.shop with the subject line "Complaint".

2. The complaint must be sufficiently substantiated and/or explained by the Buyer for MSC to be able to deal with it.

3. MSC will respond substantively to the complaint as soon as possible, but at the latest within 14 calendar days of receipt of the complaint.

4. The parties will try to reach a solution together.

5. If complaints cannot be resolved by mutual agreement, the Buyer should turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether the MSC web shop has a current membership at https://www.webwinkelkeur.nl/leden/. If no solution is reached even then, the Buyer has the option of having the complaint dealt with by the independent disputes committee appointed by WebwinkelKeur; its ruling is binding and both MSC and the consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs which must be paid by the Buyer to the committee concerned.

Article 21 - Applicable law

1. Dutch law applies to every Agreement between MSC and the Buyer. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.

2. In the event of interpretation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. MSC has the right to amend these general terms and conditions unilaterally.

3. All disputes arising from or in connection with the Agreement between MSC and the Buyer will be settled by the competent Rotterdam District Court (Rotterdam location), unless provisions of mandatory law lead to the jurisdiction of another court.

Groningen, 14 September 2026 (version for the WebwinkelKeur re-inspection).