General terms of delivery and payment of: vdWegen.com, 5813 BK, Ysselsteyn
Registration number Chamber of Commerce Eindhoven Nr. 17203516
Article 1: Applicability
- These terms and conditions apply to all offers and to all agreements of sale and sale of vdWEGEN.COM, located in Ysselsteyn hereinafter referred to as "the user".
- The buyer or the client will be referred to in the following as "the other party". If, in the following, a provision specifically looks at the situation in which the other party is a natural person who is not acting in the exercise of a profession or business, it shall be referred to as "the consumer".
- Otherwise, the Parties shall only be included in the agreement concluded if and to the extent that both parties have expressly agreed in writing.
- ' In writing ', these general terms and Conditions shall also include: by e-mail, by fax or any other means of communication, which may be the same in view of the state of the art and the concepts of the movement of society.
- Accepting and retaining a quotation or order confirmation, which has been referred to by the other party without comments, shall be in agreement with its application.
- It may not apply to any (part of a) provision of these general conditions without prejudice to the applicability of the other provisions.
Article 2: Agreements
- Agreements are first binding by written confirmation of the user.
- Verbal appointments bind the user first after they have been confirmed in writing by the user, or as soon as the user has made the consent of the other party with the execution operations.
- Additions or changes to the terms and conditions or otherwise changes or additions to the Agreement shall be binding by the user first after written confirmation.
Article 3: Offers
- All offers, quotations, price lists, delivery times etc. of the user are without obligation unless they contain a time limit for acceptance. If a quotation or offer contains a free offer and this offer is accepted by the other party, the user has the right to revoke the offer within 2 working days after receipt of the acceptance.
- The prices used by the user and the prices mentioned in the offers, quotations, price lists etc. are exclusive of VAT and any costs. These costs may include, but not exclusively, travel expenses, transportation costs and third party declarations. Unless expressly stated otherwise in writing.
- Shown and/or provided samples, brochures, drawings, models, colours, dimensions, weights and other descriptions are as accurate as possible, but are only for indication. No rights can be derived from this, unless the parties have expressly agreed otherwise in writing.
- The samples, brochures, drawings, etc. mentioned in the preceding paragraph of this article remain the property of the user at all times, unless the parties have expressly agreed otherwise in writing. These must be returned to the user's first request. They may not be multiplied or given to third parties without written permission from the user.
- If between the date of conclusion of the Agreement and the implementation of the
Agreement by the Government and/or unions changes are made in wages, working conditions or social insurance, etc., the user is entitled to charge the increases to the other party. If a new price list is issued and entered into force between the user and/or subcontractors between the aforementioned data, the user is entitled to charge the prices mentioned therein to the other party.
- For the agreement concluded with the consumer, price increases may be calculated or charged 3 months after the conclusion of the agreement. In the case of price increases, within a shorter period than 3 months, the consumer is empowered to dissolve the agreement.
Article 4: Third party
If and to the extent that a proper implementation of the agreement so requires, the user has the right to have certain activities or supplies performed by third parties.
Article 5: Delivery, delivery deadlines
- Specified deadlines within which the goods must have been delivered may never be considered as fatal toMine, unless parties are expressly in writing otherwiseEengeKoOne. Therefore, if the user fails to comply with his obligations under the agreement or not in a timely manner, he shall be in default in writing.
- For delivery in portions, each delivery or phase is considered a separate transaction and can be invoiced by the user per transaction.
- The risk related to the goods delivered will be on the other party at the time of delivery.
- Dispatch or transport of the goods ordered shall be carried out in a manner determined by the user, but at the expense and risk of the other party. The user is not liable for damage, of any kind and form whatsoever, relating to the dispatch or transport, whether or not to the business. Unless parties have expressly agreed otherwise in writing.
- If it is not possible to show the cases to the WederparTide, due to a cause located in the atmosphere of the other party, the user reserves the right to store the ordered goods at the expense and risk of the other party. The user shall inform the other party in writing of the storage provided and shall also establish a reasonable period by which the other party must enable the user to supply the goods.
- If the other party continues to fail to comply with his obligations in the course of the reasonable period specified by the user, as stipulated in the preceding paragraph of this article, the counterparty shall be counted by the single expiry of 1 (one) month from the Date of storage in default and the user is entitled to the agreement in writing and with immediate effect, without prior or further notice, without judicial intervention and without compensation for damages, costs and interests Completely or partially dissolved.
- The foregoing shall not affect the obligation of the other party to comply with the agreed or stipulated or payable price, as well as any storage and/or other costs.
- The user is empowered to comply with the financial obligations of the other party-Vooruitbetaor certainty of the other party, before making a long-Ring.
Article 6: Delivery of progress
- The user may not be obliged to start the delivery of the goods before, then after all necessary information is in his possession and he has received the possible agreed (term) payment. In the case of delays, the specified delivery deadlines will be adjusted proportionately.
- Where deliveries due to causes beyond the user's fault are not normally or without interruption, the user is entitled to charge the resulting costs to the WederparTo charge the tide.
- Any expenses incurred by the user in connection with the implementation of the Agreement shall be Request Of the other Party shall be entirely on behalf of the latter, unless the parties have expressly overeenge otherwise in writing.Come.
Article 7: Packaging
- Packaging not intended for single use, in which goods are delivered, remain the property of the user and may not be used by the other party for any other purpose than for which they are destined.
- The user is entitled to charge for this packaging, at the other party, deposit money. The user is obliged to take this packaging back, provided that the Franco Returned, at the price charged to the other party, during a user-defined period after the delivery date.
- If packaging is damaged, incomplete or lost, the other party shall be liable for such damage and shall be entitled to reimbursement of the deposit money.
- If it proves necessary to assess the user, packaging shall be charged to the other party at cost and not taken back.
Article 8: Advertisements and return shipments
- The counterparty is obliged to take control of the matter immediately upon receipt of the cases. If the other party has visible defects, errors, imperfections and/or defects Constashall be registered on the consignment note or the Begeleidingsbon and immediately communicated to the user, or the other Party shall inform the user within 24 Hours after receipt of the goods, followed by an immediate writtenWent to the user.
- Other advertisements must be submitted by registered letter within 8 days afterCatch the business to be reported to the user.
- Notwithstanding the provisions of paragraphs 1 and 2 of this article, the provisions of paragraph 8 of article 9 shall also be taken into account in respect of the agreement concluded with the consumer.
- If above advertisements have not been made known to the user within the time limits laid down therein, the goods shall be deemed to have been received in good condition.
- The ordered goods are delivered in the wholesale packaging available to the user. Minor deviations in the relevant sizes, weights, numbers, colours, etc., do not apply as a shortcoming on the part of the user.
- As regards imperfections in natural products, no advertising may be made, if these deficiencies are related to the nature and properties of the raw material (Fen) from which the product was manufactured. One and another to assess the user.
- Advertisements suspend the payment obligation of the re-party does not.
- The user should be able to investigate the complaint. If the investigation of the complaint proves to be necessary, it shall be carried out only on the account and risk of the user if the latter has expressed his express written consent beforehand.
- In all cases, return is carried out on a user-defined manner and in the original packaging or containers. Return shipment shall be at the expense and risk of the other party, unless the user declares the advertising.
- If the goods have changed in whole or in part after delivery of nature and/or composition, Be-or processed, damaged or overpacked, any right to advertising.
- In case of legitimate advertisements, the damage will beaccordance with the provisions of article 9.
Article 9: Liability and Guarantee
- The user is required to be expected of his or her business as a company, but accepts no liability for damage, including death and injury, consequential, loss of business, loss of profits and/or Stagnation damage, which is the result of the user's actions or omissions, his staff or of third parties engaged by him, except in so far as there is intent and/or willful recklessness of himself, his management and/or his manager Staff.
- Notwithstanding the provisions of the other members of this article, the liability of the user shall be limited to the amount of the net price of the goods delivered or the work carried out.
- Without prejudice to the provisions of the previous paragraphs of this article, the user shall never be obliged to compensation which exceeds the insured amount, insofar as the damage is covered by a user-closed insurance.
- The user is in favour of the usual normal quality and reliability of the (on) delivered; The actual life span can never be guaranteed.
- If there are visible errors, inadequacies and/or defects that have already been present at the time of delivery, the user shall be obliged to repair or replace such cases, at his choice, free of charge .
- In all cases, the period within which the user is to reimburse
Damage can be addressed limited to 6 months, counting from the moment the charge of damages is coming to be fixed.
- Notwithstanding subparagraph (a) of this paragraph, a maximum period of 1 (one) year shall apply to the consumer.
- provided by the manufacturer of a guarantee provided by the user, that guarantee shall be in the same way between the parties.
- As regards the agreement with the consumer, the user shall comply with the statutory guarantee periods.
- The counterparty loses his rights to the user, is liable for all damages and indemnifys the user against any claim by third parties in respect of damages if and to the extent:
- The aforementioned damage was caused by incompetent and/or with instructions and/or opinions of the user contrary use and/or unprofessional custody (storage) of the goods delivered by the other party;
- The aforementioned damage has arisen because of errors, inaccuracies or inaccuracies in data, materials, information carriers, etc. provided by or on behalf of the other party to the user and/or prescribed.
Article 10: Payment
- Payment must be made within 14 days of the invoice date, unless the parties have expressly agreed otherwise in writing.
- If an invoice has not been fully paid after the expiry of the period referred to in paragraph 1:
- The counterparty will owe the user a delay interest rate of 2% per month cumulative to calculate on the principal. Portions of a month are considered in these as full months;
- The other party shall, after having been paid by the user on a monthly basis, be at least 15% of the sum of the principal and the delay rate with an absolute minimum of €150.00;
- The user has the right, for each payment reminder sent to the other party, reminder, etc., to charge an amount of at least €20.00 in respect of administration costs to the other party. The user will indicate this in the agreement and/or on the invoice.
- At the discretion of the user, in previous or corresponding circumstances, without further notice or judicial intervention, the agreement may be dissolved in whole or in part, whether or not combined with a requirement for Indemnity.
- If the counterparty has not complied with his payment obligations in good time, the user shall be entitled to suspend the fulfilment of the obligations incurred on the other party to supply or to work, until the Payment has been made or adequate security has been provided. The same applies before the moment of being in default if the user has reasonable suspicion that there are reasons to doubt the creditworthiness of the other party.
- Payments made by the other Party shall always be made to the satisfaction of all interest and costs owed and shall then be extended to cover payable invoices which are the longest open, unless the other party expressly submits in writing Indicates that the satisfaction relates to a subsequent invoice.
- If the other party, whatever the principal, has one or more counter-claims on the
User, or will obtain, the other party shall waive the right to settlement in respect of this claim (s). Waiver of the right to netting, shall also apply to the If the counterparty requests (provisional) suspension of payment or is declared bankrupt.
- The provisions of subparagraph (A) of this paragraph shall not apply to agreements with the consumer.
Article 11: Retention of title
- The user reserves the ownership of the goods supplied and delivered until the date on which the other party agrees to Related BetalingsverplichtinAgainst the user. Such payment obligations shall consist of paying the purchase price, plus claims in respect of any work relating to that supply, as well as any claims in this respect, any damages due to the shortfall in the Obligations on the part of the other party.
- The goods subject to the retention of title may only be resold by the other party in the course of normal business practice.
- In the event that the user invokes the retention of title, the agreement concluded in this respect shall be deemed to be dissolved, without prejudice to the right of the user to claim compensation for damages, lost profits and interest.
- The counterparty is obliged to inform the user immediately in writing of the fact that third parties assert rights in cases where a retention of title rests under this article.
Article 12: Property/ Warrantage
Until the date on which the other party fully agrees to Related Payment obligations towards the user, the other party is not empowered to give collateral to third parties and/or to establish a property right, and/or the goods for storage in the actual power of one or more Financiers (Warrantage), as this will be classified as attributable non performance on its side. The user may then immediately, without having been held to any notice, suspend his obligations under the agreement, or dissolve the agreement, notwithstanding the user's right to compensation for damages, lost profits and Interest.
Article 13: Bankruptcy, disposition of incompetence, etc.
Notwithstanding the provisions of the other articles of these conditions, the agreement concluded between the other party and the user shall be dissolved without any judicial intervention and without any notice of default shall be required at the time On which the counterparty is declared bankrupt, requests (provisional) suspension of payment, enforced by enforcement, under curative or under the rule of law or otherwise the authority or The ability to act in respect of its assets or parts thereof, unless the liquidator or the Administrator recognises the obligations arising out of the contract as estate debt.
Article 14: Force majeure
- In the event that the user is not able to comply with the agreement concluded with the other party and is due to non-attributable non-compliance on the part of the user, and/or on the part of the implementation of The Agreement on third parties or subcontractors, or in the case of another important reason on the part of the user, the user is entitled to dissolve the agreement concluded between the parties, or the performance of his To suspend obligations towards the other party during a reasonable period to be determined by him, without being obliged to pay any compensation. If the above situation occurs when the agreement has been partially implemented, the other party is obliged to comply with its obligations towards the user until that moment.
- If circumstances in which there will be non-attributable non-compliance will include: War, riot, mobilization, inward and foreign unrest, government measures, strike and exclusion by workmen or threat of These etc.Skills; Disturbance of the currency ratios existing at the time of the contract; Weather conditions, industrial disturbances by fire, accident or other occurrences and natural phenomena, any indifferent or non-timely performance occurs to the user, its suppliers or third parties who, by him for the Implementation of the commitment are enabled.
Article 15: Dissolution, cancellation/termination
- The other party waives all rights to dissolve the agreement ex
Article 6:265 e.v. B.W. or other legal provisions, unless mandatory provisions oppose it. This is subject to the right to cancel or terminate the agreement under this article.
- The provisions of subparagraph (A) of this paragraph shall not apply to the agreement with the consumer.
- In the context of these general terms and conditions, cancellation shall mean the termination of the agreement by one of the parties before the commencement of the implementation of the agreement.
- In the context of these general terms and conditions, the termination of the contract shall be deemed to terminate the agreement by one of the parties after the commencement of the agreement.
- In the event that the other party cancels the agreement, he shall owe the user a fee to be determined by the user. The other party is obliged to indemnify all costs, damages and the lost profits to the user. The user is entitled to fix the costs, damages and lost profits and-in his choice and depending on the work or deliveries already carried out-20 to 100% of the agreed price to the other party.
- The other party is liable to the third party for the consequences of the cancellation or termination and shall indemnify the user in this respect.
- Amounts already paid by the other party are not refundable.
Article 16: Applicable law/competent court
- The agreement concluded between the user and the other party shall be governed exclusively by Dutch law. The disputes arising from this agreement will also be settled under Dutch law.
- By way of derogation from paragraph 1 of this article, the commercial effects of a retention of ownership of the goods destined for export shall, where the legal system of the country or the state of destination of the business is more favourable to the user are governed by that right.
- Any disputes will be settled by the competent Dutch judge, albeit that the userVoegdheid is to bring a case before the competent court in the place where the user is established, unless the district court is competent.
- For consumer disputes, within 1 (one) month after the user has made known to him that the case will be submitted to the Court, the consumer may make known that he chooses to settle the dispute by the legally competent Right.
- With regard to disputes arising from the agreement concluded with a counterparty established outside the Netherlands, the user is entitled to act in accordance with the provisions of paragraph 3 of this article or-in his choice-the disputes pending Competent court in the country or state in which the other party is established.
Date: 31 December 2007