Terms and Conditions

Article 1 – Definitions

In these general terms and conditions, the following definitions shall apply:

Techline: the private limited company or business operating under the name Techline, established in Kootwijkerbroek, registered with the Chamber of Commerce under number 09092900, VAT identification number NL805227325B01.

Buyer: any natural person acting in the exercise of a profession or business, or any legal entity, who enters into or wishes to enter into an agreement with Techline.

Agreement: any agreement between Techline and Buyer, including but not limited to purchase agreements, deliveries, orders placed via the webshop, quotations, and follow-up orders.

Products: all goods offered and/or supplied by Techline, including motorcycle accessories, exhaust systems, styling parts, workshop equipment, and related items.

Webshop: Techline’s online B2B environment via techline.nl.

Article 2 – Applicability

These general terms and conditions apply to all quotations, offers, orders, agreements, and deliveries of Techline.
Any deviations from these conditions shall only be valid if expressly confirmed by Techline in writing.
The applicability of Buyer’s purchasing conditions or any other conditions is expressly rejected.
If any provision of these conditions is null and void or is annulled, the remaining provisions shall remain fully in force. In that case, the parties shall agree on a replacement provision that corresponds as closely as possible to the purpose and intent of the original provision.

Article 3 – B2B / professional market

Techline supplies exclusively to business customers and not to consumers.
By placing an order, Buyer declares that it is acting in the exercise of a profession or business.
If Techline has reasonable doubt regarding Buyer’s business status, Techline shall be entitled to refuse or suspend an order or to require additional verification.

Article 4 – Offers and formation of the agreement

All offers and quotations issued by Techline are without obligation, unless expressly stated otherwise.
Obvious mistakes, errors, typographical errors, pricing errors, stock errors, or other evident mistakes in offers, catalogues, price lists, emails, or on the webshop shall not be binding on Techline.
An agreement is concluded:
a. at the moment Techline confirms an order in writing or electronically; or
b. at the moment Techline commences execution of the order.
Techline shall be entitled to refuse an order without stating reasons or to impose additional conditions.

Article 5 – Account and webshop access

For the use of the webshop, Techline may require Buyer to create a business account.
Buyer warrants the accuracy and completeness of the information provided.
Login details are strictly confidential and may not be disclosed to third parties.
Buyer is responsible for all actions performed through its account.
Techline shall be entitled to temporarily or permanently block an account in the event of misuse, payment arrears, breach of these conditions, or doubt regarding the accuracy of business information.

Article 6 – Prices

All prices are, unless expressly stated otherwise, in euros and exclusive of VAT, transport costs, import duties, levies, and other costs imposed by the authorities.
Shipping costs, surcharges, and other additional costs shall, where applicable, be stated separately.
Techline shall be entitled to implement price changes.
If, after the agreement has been concluded, circumstances arise that increase cost prices, including increases in purchase prices, transport costs, exchange rates, taxes, levies, or other charges, Techline shall be entitled to pass these on to Buyer.

Article 7 – Payment

Payment must be made via the payment methods offered by Techline or, if agreed, within the payment term stated on the invoice.
A payment term shall be regarded as a strict deadline.
If the payment term is exceeded, Buyer shall be in default by operation of law, without any further notice of default being required.
From the moment of default, Buyer shall owe statutory commercial interest on the outstanding amount.
In addition, all reasonable extrajudicial and judicial collection costs shall be borne by Buyer.
Payments made by Buyer shall first be applied to costs, then to interest, and thereafter to the oldest outstanding principal amount.
Buyer shall not be entitled to set-off, suspension, or withholding of payment, unless mandatory law provides otherwise.

Article 8 – Delivery and delivery periods

Delivery shall take place ex warehouse of Techline, unless agreed otherwise in writing.
Stated delivery periods are indicative only and shall never be considered strict deadlines, unless expressly agreed otherwise in writing.
Exceeding a delivery period shall not entitle Buyer to compensation, termination, or suspension, unless there is intent or deliberate recklessness on the part of Techline.
Techline shall be entitled to make partial deliveries and to invoice these separately.
The risk of the Products shall pass to Buyer at the moment of delivery in accordance with the agreed method of delivery.

Article 9 – Transport and shipment

The method of transport and shipment shall be determined by Techline, unless agreed otherwise in writing.
If Buyer has specific wishes regarding shipment or transport, any additional costs shall be borne by Buyer.
Damage to packaging or Products must be noted by Buyer on the transport documents immediately upon receipt and reported to Techline without delay.
The mere fact that the carrier delivers without visible damage shall not release Buyer from its duty to inspect.

Article 10 – Retention of title

All delivered Products shall remain the property of Techline until Buyer has fully complied with all of its payment obligations arising from the agreement(s) concluded with Techline, including interest, costs, and damages.
As long as ownership has not passed to Buyer, Buyer shall not be entitled to pledge the Products or otherwise encumber them, except insofar as this takes place in the normal course of business.
Buyer is obliged to keep the Products delivered under retention of title with due care and as recognisable property of Techline.
If Buyer fails to fulfil its obligations, Techline shall be entitled to reclaim the Products delivered under retention of title. Buyer hereby grants Techline access in advance to all locations where such Products are situated.

Article 11 – Duty to inspect and complaints

Buyer must inspect the delivered Products immediately upon receipt for quantities, visible defects, transport damage, and correctness of the delivery.
Visible defects, shortages, or incorrect deliveries must be reported to Techline in writing within 5 working days after receipt.
Non-visible defects must be reported to Techline in writing within 5 working days after discovery, but no later than 30 days after delivery.
Complaints shall not suspend Buyer’s payment obligation.
If no timely complaint is made, all claims of Buyer regarding the relevant defect or deviation shall lapse.

Article 12 – Returns

Returns shall only be accepted after prior written approval from Techline and in accordance with the return instructions provided by Techline.
Techline shall be entitled to refuse returns if:
a. the Products were specially ordered or manufactured;
b. the Products have been installed, used, damaged, or are incomplete;
c. the original packaging is missing or damaged;
d. the return request was made outside the period applied by Techline.
Returns shall be made at Buyer’s risk and, unless agreed otherwise in writing, at Buyer’s expense.
Acceptance of a return shall not imply any acknowledgement of liability.

Article 13 – Warranty

Insofar as applicable, Techline shall provide warranty only to the extent that such warranty is provided to Techline by the manufacturer or supplier and is transferable.
Warranty shall only apply to defects resulting from material or manufacturing faults under normal and proper use.
Warranty shall in any event lapse if:
a. Products have been incorrectly installed, processed, maintained, or used;
b. Products have been modified, processed, or repaired without Techline’s permission;
c. normal wear and tear is involved;
d. damage has arisen from external causes, including falling, impact, overloading, incorrect installation, or improper use.
If a complaint is found to be justified, Techline shall, at its sole discretion, proceed to repair, replacement, or crediting of (part of) the invoice. Techline shall not be obliged to do anything further.

Article 14 – Product information, technical data, and applicability

Information regarding dimensions, specifications, applicability, compatibility, fitment, technical properties, images, drawings, colours, and other product information is provided by Techline as carefully as possible.
However, such information shall only be regarded as indicative, unless expressly agreed otherwise in writing.
Buyer shall at all times remain responsible for checking the suitability, applicability, and correct installation of the Products for the intended use.
Techline shall not be liable for damage resulting from incorrect installation, incorrect use, incorrect application, or use contrary to the instructions of the manufacturer or the authorities.

Article 15 – Liability

Techline’s total liability shall be limited to direct damage and furthermore to a maximum of the invoice amount of the relevant delivery, or at least that part of the delivery to which the liability relates.
If Techline is insured for the relevant damage, liability shall in all cases be limited to the amount actually paid out by the insurer, increased by any applicable deductible.
Techline shall never be liable for indirect damage, consequential damage, business loss, stagnation damage, loss of profit, lost savings, third-party claims, reputational damage, or damage resulting from recalls.
Any liability of Techline shall lapse if Buyer does not timely provide Techline with the opportunity to investigate a complaint and, if necessary, to remedy a defect.
The limitations set out in this article shall not apply in the event of intent or deliberate recklessness on the part of Techline.

Article 16 – Indemnity

Buyer shall indemnify Techline against all third-party claims related to:
a. incorrect, improper, or unlawful use of delivered Products;
b. installation, processing, modification, or resale by Buyer;
c. failure by Buyer or its customers to comply with legal requirements, installation instructions, or safety instructions.
Buyer shall compensate Techline for all damage and costs suffered or incurred by Techline as a result of such claims.

Article 17 – Force majeure

Force majeure shall mean any circumstance beyond Techline’s control as a result of which performance of the agreement cannot reasonably be required from Techline.
This includes, but is not limited to: disruptions in transport or logistics, supplier failures, delays in supply, fire, government measures, pandemics, sickness absence, cyber incidents, strikes, power outages, internet or system failures, and other business disruptions.
During force majeure, Techline’s obligations shall be suspended.
If the force majeure situation continues for more than 60 days, both parties shall be entitled to terminate the agreement in writing for the part not yet performed, without any right to compensation.

Article 18 – Suspension and termination

Techline shall be entitled to suspend its obligations or to terminate the agreement in whole or in part if:
a. Buyer fails to fulfil its obligations, fails to do so on time, or fails to do so properly;
b. Techline has good reason to fear that Buyer will not fulfil its obligations;
c. Buyer is in a state of bankruptcy, applies for bankruptcy, applies for suspension of payments, ceases business activities, or is liquidated.
In such cases, all claims of Techline against Buyer shall become immediately due and payable in full.
The foregoing shall be without prejudice to Techline’s other rights, including the right to compensation.

Article 19 – Intellectual property

All intellectual property rights relating to the webshop, texts, images, documentation, catalogues, technical information, product data, downloads, and other materials shall vest in Techline or its licensors.
Buyer is not permitted to copy, publish, edit, or otherwise use these without Techline’s prior written consent, except insofar as necessary within the context of normal resale of the delivered Products.
If product images, brand names, or documentation originate from third parties, the rights thereto shall remain vested in the relevant rights holders.

Article 20 – Personal data

Insofar as Techline processes personal data, this shall be done in accordance with the applicable privacy legislation and Techline’s privacy policy.
Techline’s privacy policy can be consulted via the webshop.

Article 21 – Applicable law and competent court

All legal relationships between Techline and Buyer shall be governed exclusively by Dutch law.
The applicability of the Vienna Sales Convention (CISG) is excluded.
Disputes shall be submitted exclusively to the competent court in the district where Techline is established, unless mandatory law provides otherwise.

Article 22 – Contact details

Techline
Kommer VOF
De Standerd 27
3774SC KOOTWIJKERBROEK
The Netherlands
E-mail: info@techline.nl
Telephone: 0432-480065