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Terms & Conditions
Terms & conditions
Terms and conditions for deliveries from:
8251 KS Dronten
Known hereafter as: User
Article 1: Definitions
- In these terms and conditions the next terms will be used with the following meaning, unless something else is declared;
User: The user of the terms and conditions;
Buyer: The counterpart of the user, acting as an individual or in the exercise of an occupation or business;
Agreement: the agreement between the buyer and the user.
Article 2: General
- The agreements of the terms and conditions are for every offer and every agreement between the buyer and the user upon which the user has declared them, unless both parties explicitly and in writing agreed to divert from these terms.
- The forementioned conditions are also applicable on every agreement with the user, where for the execution third parties must be involved.
- General conditions of the buyer is only relevant, if expressly and in writing is agreed, that these terms and conditions apply to the agreement. If so, conflicting provisions in the terms and conditions from the user and buyer may only apply between parties, if and therefor they are part of the terms for the user.
- If one or more agreements in the terms and conditions are declared non-valid or are allowed to be destroyed, the remaining terms stay fully applicable. Buyer and user will discuss new agreements in substitution for the non-valid or eliminated terms, in which, as far as possible, the goal and the tendency of the original application will be considered.
- The V.A.T. number (Value Added Tax number) will be found on the invoice of your purchase.
Article 3: Offers and quotation
- All offers are without obligations, unless there is a limited term for acceptance on the offer.
- The quotations made by the user are without obligations; they are valid during 30 days, unless otherwise stated. The user is only bound to the quotation, if the acceptance of the quotation has been acknowledged in writing within 30 days by the buyer.
- Delivery times stated in quotations by the user are indicative and they won’t give the buyer the right to get damage restitution or compensation, unless stated otherwise.
- The prices and mentioned offers and quotations are exclusive of V.A.T. and other government taxes as shipping – and any transport – and packaging costs, unless stated otherwise.
- If the acceptance is different (on minor points) from the, in the quotation mentioned offers, the user will not be bound. The agreement then doesn’t come in existence in accordance with the deviating acceptance, unless stated otherwise by the user.
- A composite price offer doesn’t oblige the user to deliver a part of the goods included in the offer or quotation against a corresponding part of the specified price.
- Offers or quotations don’t automatically apply to repeat orders.
- Agreements with subsidiary members of the staff from the user won’t bind the user, unless they are confirmed in writing by the user. All employees that do not have a procurement should be considered in this regard.
Article 4: Agreement
- The agreement of selling and buying goods, will be binding for the user through both written or spoken confirmation.
- Every started agreement with the user has the unbinding condition that enough creditworthiness of the buyer will be shown, only by assessment off the user.
- Data relating the offered characteristics, measurements, colour and also information in print, drawings, images etc. provided by the user at the offer, are not binding and are given in good faith.
Article 5: realisation of the agreement
- User will perform the agreement to its best insight and ability and corresponding with the requirements of good workmanship. All this is based on the current state of knowledge and science.
- If necessary, the user has every right to leave certain tasks to be carried out by a third party.
- The buyer takes care that every information, of which the buyer indicates that this information is required or of which the buyer has to understand fairly that this information is necessary to execute the agreement, will be provided on time to the user. If the information is not provided on time, the user has the right delay the realisation of the agreement and / or to charge extra costs, according to the usual rates, wich arise because of the delay.
- The sser is not responsible for damage, whatever damage, because the user relied on incorrect or incomplete information given by the buyer, unless the incorrectness or incompleteness should be known by the user.
- If it is agreed that the agreement will be realised in different stages, the user can delay the realisation of parts belonging to the next stage, until the buyer has confirmed the results of the previous stage in writing.
- If there are third parties involved trough the user and they work in the context of the assignment at the location of the buyer or a buyer designated location, the buyer will take care of any facilities required by those employees.
- The buyer indemnifies the user from possible claims by third parties, who in context of the agreement have caused damage and who are accountable to the buyer.
Article 6: Delivering
- Delivery takes place at the fabric/shop/storage of the buyer.
- If the delivery takes place based on Interco terms, as soon as the agreement stops, the Interco terms will apply.
- Buyer is obligated to take delivery of the goods at time of delivery from the user, or at the time when it’s made available to him under delivery.
- If the buyer refuses the diminution of the goods, or if the buyer is neglecting to give the information or instructions that are necessary for the delivering, than is the user justified to save the items at costs and risks of the buyer.
- If the items are delivered, the user is allowed to charge any delivery costs. They will be separately
- If the user needs data from the buyer, that have a connection with the execution of the agreement, the delivery time is taken after the buyer has made these data available to the user.
- If the user specifies a delivery deadline, it’s indicative. That is why a specified deadline is never a fatal term. If a time limit is exceeded, the buyer must write a complaint to the user.
- User is justified to deliver the goods in parts, unless the user and buyer have come to terms otherwise in their agreement or there is no independent value at the delivery of goods in parts. User is justified to charge the thus delivered goods.
- If there is agreed that the agreement will be completed in different stages, then the user can suspend the implementation of those parts which belong to a different stage, until the buyer has approved the results of the previous stage in writing.
- For all packages whom have to be send outside of the EU, delivery costs are charged ‘starting from € … ‘. These costs are only for small packages. For larger packages the delivery costs are on demand. Do you live on an Island, then there probably also charges for living on an Island.
Article 7 Samples and Models
- If there is shown a Sample or model to the buyer, then it is presumed to be provided only as an indication without the need to answer the case, unless there is explicitly agreed, that the case will correspond to it.
- In case of agreements that are relating to a property, the indication of the area or other dimensions and indications shall also be presumed to be merely indicative without the need for the matter to be answered.
Article 8, researches, publicity
- The buyer is required to investigate the goods as soon as they have arrived. The buyer has to check everything on the quality and quantity so that everything corresponds to the agreement, at least if the requirements apply to the normal trading operation.
- Possible visible damage or shortcomings have to be reported in writing within 3 days to the user. Invisible damage or shortcomings have to be reported within 3 weeks after outcome and at the latest of 12 months after delivery.
- If in case of upper problem is put in a claim on time, then the buyer is obligated to decline and pay the purchased items.
Article 9, Transport risk’s
- The goods and materials travel, from the moment of sending, at the risk of the client.
- Also when both parties agreed to free delivery, the client will be responsible for every damage ( Like: transport-, fire and water damage, theft or fraud ) during the transport by goods suffered.
- At the arrival of the goods, the client needs to check the state wherein the goods are. As it turns out, that damage is caused on the goods or materials, he needs to claim damage restitution in every possible way.
Article 10 restitution, price and expenses
- If the buyer comes to terms with a fixed selling price, the user is nevertheless justified to increase the price.
- User may pass on price increases, if significant price changes have occurred between the time of the offer and the performance of the agreement with respect to for example: exchange rates, wages, raw materials, semi-finished packaging materials.
- The trough user employed A.T taxes and other possible charges exclusive , as well as any costs incurred under the agreement including administration expenses and delivery costs.
- All agreements are always closed on the basis of the prices applicable at the time of closing.
- Pricelists and publicity material are subject to change and don’t bind the user.
- If the price fluctuation is more than 2% of the agreed transaction, both parties will have the rights to require a total reimbursement.
Article 11 Changes of the agreement
- If during the realisation turns out that, it’s necessary to change or to add work, both parties will come to an agreement on time and change it in the former agreement.
- If both parties agreed to changes or adding’s in the agreement, there will be a possibility that the procedure can be delayed. User will clarify this as soon as possible with the buyer.
- If these changes lead to financial or qualitative consequences, the user will clarify this as soon as possible.
- If a fixed rate has been agreed upon, the user will indicate to what extent the change or addition of the agreement results in an overrun of this fixed rate.
- By way of derogation from the particular provision, the user will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to him.
- You have the right to annul your order until 14 days after receiving. After annulling you will have another 14 days to send the order back. You’ll receive full payment of the order and the sending costs. The only thing you have to pay are the retour costs from your home to the web shop. If you make use of your revocation rights, the product will be returned in original state (if so far possible) and with all delivered To make use of this right you can contact us at: email@example.com. We shall then refund the due within 14 days of registration of your return, only if the product has been returned in good order.
Article 12, payment
- Payment needs to be done within 14 days after the date of transaction, In a user-specified manner in the currency in which is invoiced. Complaints about the height of the transaction wont postpone the obligation of paying.
- If the buyer doesn’t pay within 14 days, than the buyer is according to the law in neglect. The buyer than has to pay a loan with 1% of the interest per month, unless the lawful loan is higher, in that case the lawful loan counts. The loan will be calculated from the moment the buyer is in neglect, until the moment the buyer has payed the whole amount of money.
- In case of liquidation, bankruptcy, confiscation, or suspension of payment from the buyer, the user claims will be due immediately.
- User has the right to make the payments, made by the buyer, primarily by deducting costs, then deducting interest accrued and finally deducting principal and current interest.
- User can, without coming into neglect, refuse a payment if the buyer comes with a different order for the ascertainment.
- User also can refuse the full redemption of the payment, if this doesn’t include the accrued and current interest as well as the costs.
Article 13, retention of title
- All user-supplied items, including any designs, sketches, drawings, films, software, (electronic) files, etc. remain the property of the user until the buyer has fulfilled all of the following obligations from all user-signed agreements.
- The buyer isn’t authorised to impose any objections under the retention of title or in any other way.
- If third parties confiscate the retention of title or have the right to settle or apply rights to them, the buyer must notify the users as soon as reasonably possible.
- The buyer is obligated to insure the retention of title and to keep it insured against fire, explosion and water damage, and theft and the buyer is also obligated to provide the policy of this insurance at first request.
- The trough user supplied products, which are subject to preservation of the retention of title, under paragraph 1 of this article, may only be resold in the normal course of business and never used as a means of payment.
- In case that the user wishes to use his or her rights in this article, the buyer must provide unconditional and non-revocable permission to the user or by third parties to designate to enter all those places where the property of the user is located and for those items to take back.
Article 14, guarantee
- User guarantees that the cases which have to be delivered fulfil the demands and standard which are there for required and those are free from whatever flaws.
- The under paragraph one mentioned guarantee applies also if the products are destined for delivery abroad and the buyer has notified the user explicitly of this use at the time of making the agreement.
- The under paragraph one mentioned guarantee apply in a period of 3 months after delivery.
- If the to be delivered goods do not apply to these warranties, the user will, within a reasonable amount of time, after receipt ( if return is not possible) replace a written notice regarding the defect of the buyer at the option of the user , or ensure recovery. In case of replacement, the buyer is already committed to returning the replacements case to the user and providing ownership to the user.
- The above mentioned warranty does not apply when the defect has arisen due to improper use or when without the written permission of the user, buyer or third parties have made changes or attempted to apply the case or have used them for purposes for which the case is not intended.
- If the trough user guaranteed warranty concerns a third party, the warranty is limited to that provided by the manufacture of the case.
Article 15 collection fees
- If the buyer is neglecting one or more of his obligations every costs for obtaining extrajudicial compensation will be for the buyer. If the buyer fails the payment on time, he will forfeit a 15% immediately due fine over the amount due. This is with a minimum of €50.00 euro.
- If the user made higher costs, which were of course necessary, they are also eligible for compensation.
- Any reasonable judicial and execution costs incurred will also be borne by the buyer.
- Buyer is subject to interest on the collection costs incurred.
Article 16 suspension and dissolution
- User is authorized to suspend compliance with the obligations or dissolve the agreement if:
- The buyer does not fulfil his obligations from the agreement.
- After closing the deal, the user found out that there’s a possibility that the user wont fulfil his obligations.
- The user is also allowed to dissolve the agreement if there are circumstances, which make it impossible that compliance cannot be met, or according to standards or reasonableness and fairness can no longer be required, or even if circumstances otherwise arise that unchanged maintenance of the agreement cannot be reasonably expected.
- If the agreement is dissolved, the users claims on the buyer are immediately due. If a user suspends compliance with the obligations, he retains his claims from the law and agreement.
- User keeps his rights to claim damage restitution.
Article 17 Restitution of things made available
- If the user has made things available for the buyer at the time of the execution of the agreement, the buyer will be obligated to return this within 14 days in its original condition, free from any damage and fully returned. If the buyer fails this obligation, all of the resulting costs will be charged.
- If, for whatever reason, the buyer still fails his obligation mentioned under paragraph 1 after a warning, the user will have the rights to charge the resulting damage and costs, including the costs of the replacement from the buyer.
Article 18 liability
- If the items delivered by the user are defect, the users liability to the buyer is limited to what is governed by these Terms and Conditions under
- If the users is liable for direct damage, then is the liability limited until a maximum of 2.500.000 (Two million five hundred thousand euro), at least that part of the agreement upon which the liability lies. The liability shall at any time be limited to the amount of the benefit payable by the insurer of the user as appropriate.
- Under direct damage is to be understood:
- The reasonable costs for determing the cause and extent of the damage in so far as the determination relates to the damage within the meaning of these conditions
- The possible reasonable costs which are made to answer the inadequate performance of the user to the agreement, unless this failure can be attributed to the user.
- Possible reasonable costs which are made to prevent damage, as far as the buyer can prove these costs leaded to prevention of direct damage, meant in these general terms.
- The user is never responsible for indirect damage, including consequential loss, loss of profits, missed savings and damage due to company stagnation.
- The limitation of liability for direct damage contained in these terms shall not apply, if the damage is due to intentional or negligence of the user or its subordinates.
Article 19 Risk transition
- The risk of loss or damage to the products that are the subject of the agreement is transferred to the buyer at the time when its delivered to the buyer legally or factually and in the power of the buyer or a third party to be designated to the buyer.
Article 20 superior force
- The parties are not obliged to comply with any obligation if they are hindered as a consequence of a circumstance that is not due to debt, nor is it due to a legal act or traffic in force under the law.
- By the superior force is meant in these terms and conditions, in addition to what is included in law and jurisprudence, all outward causes, provided or unforeseen, to which users can not influence but which means that the user is unable to fulfil his obligations. Workstations in the user’s business are included.
- User has also the right to appeal to a superior force, if the circumstances prevent further compliance after a user has been obligated to comply.
- During the period of the superior force, the parties may suspend the obligations of the agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement without obligation to pay compensation to the other party.
- For so many users at the time of the commencement of the superior force, in parts, its obligations under the agreement have been complied with, or it will be able to comply, and the agreed value or part to be met is a user’s right. The user is entitled to comply with the section already met separately invoice. Buyer is obligated to comply with this invoice as if it were a separate agreement.
Article 21 disclaimer
- The buyer disclaims the user for third party claims in respect of intellectual property rights on material or data provided by the buyer in the agreement.
- If the buyer provides the user information , electronic files or software etc. He guarantees that everything is free of any viruses and other defects.
Article 22 intellectual belongings
- Without prejudice to the provisions of these terms and conditions, the user reserves the rights and privileges for that belong to the user according to the Copyright act.
- The buyer may not add changes into the cases, unless otherwise is agreed in writing.
- The designs, sketches, drawings, films, software and other materials or files made by the user under the agreement, remain the property of the user, whether they are handed to the buyer or third parties. Unless otherwise is agreed.
- All user-conrtibuted documents, such as designs, sketches, files etc. are intended for the use by the buyer and may not be reproduced by him without the permission of the user. They are also not allowed to be brought under notice of third parties, unless the documents are provided differs otherwise.
- User reserves the right to use any knowledge gained from the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
Article 23 secrecy
- Both parties are required to maintain confidentiality of any confidential information they have obtained from one another or from another source under their agreement. Information is confidential if shared by a party or as a result of the nature of the information.
- If, by virtue of a legal provision or a court order, user is kept confidential information to be provided by law or competent third parties, and a user may not invoke legal or authorized by the competent court Or permitted right of change, the user is not liable for damages or compensation and the other party is not entitled to terminate the agreement on the basis of any damage resulting therefrom.
Article 24 Non-takeover staff
- During the term of the agreement, the Purchaser shall, in any event, without prejudice to any subsequent consultations with the user, employees of users or companies to which a user applies for the purpose of this Agreement. And who have been involved in the performance of the agreement, employ or otherwise, directly or indirectly, to work for themselves.
Article 25 disputes
- The court in the user's place of business is exclusively authorized to hear disputes unless the district court is competent. Nevertheless, the user has the right to submit the dispute to the law-enforcement court.
- Parties will do an appeal on the judge after that they have made every effort to settle a dispute by mutual agreement.
Article 26 applicable law
- The Dutch law is applicable over the agreement between the buyer and the user. The Vienna Sale Convention is expressly excluded.
Article 27 change, explanation and location of the terms
- These terms and conditions are deposited with the Chamber of Commerce in Lelystad under the number: 39048411.
- In case of explanation of the content and the meaning of these terms and conditions, the Dutch text thereof is always decisive
- Applicable is the last registered version or the version as it was at the time of the conclusion of the agreement.