Terms & Conditions

GI Europe B.V., trading as Wescon. Weena 690, 3012 CN Rotterdam, the Netherlands. Chamber of Commerce (KvK) 99685124. VAT identification number NL869090835B01. EORI NL869090835.

1. Identity of the seller

These terms are issued by GI Europe B.V., trading as Wescon, of Weena 690, 3012 CN Rotterdam, the Netherlands, registered with the Chamber of Commerce under number 99685124, VAT identification number NL869090835B01, EORI NL869090835. You can reach us at info@wesconusa.com or on +31 97010208441. Use those details for any notice under these terms, including a withdrawal.

2. Definitions

Consumer means a natural person acting for purposes outside their trade, business, craft or profession. Business customer means any other customer. Products means the goods offered through the webshop, including products configured or manufactured to a customer's specification. Distance contract means a contract concluded through the webshop without simultaneous physical presence.

3. Which terms apply to your order

Which company you are buying from follows the delivery address. A delivery address in an EU member state is sold by GI Europe B.V., in euros, under these terms. Any other destination, including the United Kingdom, Switzerland, Norway and Turkey, is sold by Wescon Industries Inc. in Texas, in US dollars, under its own terms of sale, and any import duty or tax levied by the destination country is payable by the customer.

4. Applicability

These terms apply to every offer made by GI Europe B.V. and to every contract concluded through the webshop. They are made available electronically before the contract is concluded, in a way that lets you save them. A business customer's own purchasing conditions are expressly rejected. Where a provision is void or annulled, the remaining provisions stay in force.

5. Offers and prices

Prices shown to consumers include Dutch VAT at the standard rate and exclude delivery costs, which are shown before the order is placed. Prices shown to a business customer that has stored a VAT identification number may be shown excluding VAT, with the VAT-inclusive amount alongside. Business customers established in another EU member state who supply a valid VAT identification number are invoiced at 0% under the reverse charge; a business established in the Netherlands is charged Dutch VAT. An offer is valid while stated, or while stock lasts, and an obvious error in an offer does not bind us. Lead times and stock indications are estimates unless expressly agreed otherwise.

6. Formation of the contract

The contract is concluded when we confirm your order. We confirm receipt electronically without delay, and until receipt is confirmed a consumer may dissolve the contract. We may, within legal limits, verify whether a customer can meet its payment obligations, and may refuse an order or attach conditions to it, stating reasons.

7. Payment

Payment for a webshop order is taken at the time of ordering, through the payment methods offered at checkout. The contract is concluded once payment is authorised and the order is confirmed.

Nothing in these terms requires a consumer to pay more than half the price in advance. If you would rather pay half on ordering and the balance before dispatch, email info@wesconusa.com before placing your order and we will arrange it. It costs nothing extra, and your order is treated no differently in lead time or priority.

A business customer that has separately agreed payment terms with us in writing pays on those terms, which prevail over the first paragraph of this clause for that customer. Such terms are granted at our discretion and may be withdrawn for future orders. A business customer in default owes statutory commercial interest under article 6:119a of the Dutch Civil Code plus extrajudicial collection costs. For consumers, the statutory interest and the capped collection costs of the Besluit vergoeding voor buitengerechtelijke incassokosten apply, after a reminder with a 14-day cure period.

8. Delivery and risk

Delivery takes place at the address you give.

For business customers, stated delivery dates and lead times are indicative and are never a fatal deadline. We are not liable for damage arising from late delivery, and a delay does not entitle a business customer to dissolve the contract, to withhold payment or to compensation, unless we have expressly agreed a binding date in writing. Delivery for business webshop orders is FCA Schiphol-Rijk (Incoterms 2020): risk passes when the goods are handed to the carrier at that place, and the business customer bears the cost of carriage and insurance from that point. Where we arrange carriage on a business customer's behalf, we do so for that customer's account and risk. Where we have issued a written quotation stating a different delivery term, that term applies to the order placed against it and prevails over this paragraph.

For consumers, the agreed delivery period is the latest delivery date shown to you before you placed the order. That date is calculated as the dispatch lead time displayed for the product plus 30 days, and both figures are shown on the product page and at checkout and repeated in your order confirmation. Where no such date was shown, we deliver within 30 days of the contract being concluded. If we do not deliver within the applicable period, you may set a reasonable additional period; if we do not deliver within that period either, you may dissolve the contract and we refund all sums paid within 14 days of the dissolution. Where the agreed period was essential to you, or you made this known before ordering, you may dissolve immediately. For consumers, risk passes when the product is received by you or by a person you designate.

9. Right of withdrawal (consumers)

As a consumer you may withdraw from the contract within 14 days of receiving the product, without giving reasons. The period starts the day after you, or a person you designate, receive the product; for an order delivered in parts, it starts the day after the last part is received. To withdraw, notify us within the period by an unambiguous statement, using the model form at the end of these terms or any other clear wording.

You return the product within 14 days of giving notice, arranging and paying for the return carriage yourself. We do not arrange the return and charge you nothing for it. During the withdrawal period you handle the product with care, and may handle and inspect it only as you would in a shop; you are liable for any reduction in value caused by handling beyond that. We refund all payments received, including the standard delivery cost originally charged, within 14 days of your notice, by the same means of payment, at no charge, and we may wait until we have received the product or proof of return. No restocking fee, handling fee or percentage deduction is charged on a withdrawal.

10. Exceptions to the right of withdrawal (consumers)

The right of withdrawal does not apply to products manufactured to your specification, which are not prefabricated and are made on the basis of an individual choice or decision by you, or are clearly intended for a specific person. This covers configured and custom-size tooling. It does not cover a standard catalogue item taken from stock. Where the exception applies, it is stated on the product page before you order.

11. Returns (business customers)

Business customers have no right of withdrawal. A return is accepted only by prior written agreement, within 30 days of delivery, with an RMA number, in original packaging and in the condition delivered. A restocking fee of 25% applies, and the business customer bears return shipping. Products manufactured to specification are not returnable unless defective.

12. Conformity and guarantees

We warrant that products conform to the contract, to the specifications stated in the offer, and to the reasonable requirements of soundness and usability. A consumer's statutory rights are not limited or excluded by anything in these terms or by any commercial guarantee, and a commercial guarantee given by us or by the manufacturer is additional to those rights. A consumer reports a defect within a reasonable time of discovering it, and a report within two months of discovery is in any event timely. A business customer inspects the products on delivery and reports visible defects within 5 working days of delivery and other defects within 30 days of discovery, failing which the claim lapses.

13. Liability

Nothing in these terms limits liability for damage caused by intent or deliberate recklessness, for death or personal injury, or under product liability rules. Toward a consumer, our liability is limited only as far as Dutch law permits. Toward a business customer, our liability is limited to the invoice value of the products concerned, and we are not liable for consequential loss, loss of profit, loss of production or third-party claims.

14. Force majeure

Neither party is liable for a failure caused by force majeure. If it lasts longer than 60 days, either party may dissolve the contract, without either owing damages.

15. Retention of title

Products remain our property until paid in full. A business customer may not pledge or encumber unpaid products.

16. Complaints and disputes

Complaints go to info@wesconusa.com and are answered within 14 days, with an indication of a longer handling period if one is needed. A consumer may bring a dispute to the European ODR platform at ec.europa.eu/consumers/odr. A complaint does not suspend our obligations unless we confirm otherwise in writing.

17. Governing law and jurisdiction

Dutch law applies, with the United Nations Convention on Contracts for the International Sale of Goods (CISG) excluded. For a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country. For a business customer, disputes are submitted exclusively to the competent court in Rotterdam, the Netherlands.

18. Personal data

Personal data are processed in accordance with our privacy policy.

19. Changes

We may amend these terms. The version applicable to a contract is the one published when the order was placed.

Annex: model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.