Article 1 Applicability
1.1 These general conditions apply to all our offers and to all agreements entered into by us, whatsoever. In particular, these conditions apply to agreements entered into by us to sell and supply of wax - and cleaning products, both consumer (retail) and to companies (trade).
1.2 Where these terms refers to "buyer" must be below means any natural or legal person to us in a contractual relationship, under one of our closed-sale or other agreement, and any natural or legal person with us a purchase agreement or other wishes to go.
1.3 The provisions in these general conditions can only be waived only if and to the extent expressly agreed in writing.
1.4 If the purchaser to its terms refers to the conditions of thepurchaser not apply. This is different only if and insofar as the applicability of the conditions of the purchaser is accepted by us in writing and provided the
conditions of the buyer is not in conflict with the provisions of our terms and conditions. Do the terms of the buyer is in breach of our terms, then only in our specific conditions apply. Any other stipulation in the conditions of the buyer to the foregoing without prejudice.
Article 2 Offers
2.1 All our offers are binding and therefore bind us in any way, unless the quotation itself explicitly and unambiguously in writing by states. The command is given to us as an offer, which only after written confirmation from us (the order confirmation) deemed by us to be accepted.
If no period is specified, we made offers valid for 8 days, from the date of the tender.
2.2 The content of leaflets, printed matter etc. bind us, unless the agreement written explicitly referenced.
Article 3 of the Establishment Agreement
3.1 By means of internet agreements will only be effective if we see us electronically (by email) to mandates accept (confirm). The contract is our as soon as possible after receipt of the contract electronically (by email) confirmed. The contract is deemed to have been received by us at the time the contract for us
become accessible. An agreement is deemed to have come at the moment that our engagement letter electronically (by email) to send. The date of acceptance / confirmation of the assignment is the date we order confirmation electronically (by email) to send. By us to the buyer electronically order confirmation is considered the content of the agreement signed completely and correctly give. The buyer is deemed to content of the confirmation in order to vote, unless he immediately after order confirmation to us indicates that he can not reconcile their contents.
3.2 Furthermore agreements will only be effective if we have a writing assignment given to us
accept. An agreement is deemed to have come at a time when our Send order confirmation. The date of acceptance / confirmation of the assignment is the date which we send the order confirmation. The buyer sent by us to the order confirmation is considered the contents of the agreement signed completely and correctly give. The buyer is considered the contents of the attachment in order to vote, unless within five days after the date of the order confirmation in writing to us indicates that he does not together with their contents.
3.3 If the buyer gives us an order, be at least the following information from the buyer to:
name, address, phone number, email address, payment and any account or credit card number.
Article 4 Prices
4.1 Our prices in contracts with consumers (retail), unless explicitly written otherwise agreed, including VAT and excluding costs for transport and packaging. Our prices for contracts with companies (trade), unless expressly stipulated otherwise agreed, excluding VAT and excluding costs for transport and packaging.
4.2 The method of packaging and shipping is determined by us. Packaging, unless written
otherwise agreed, not taken back by us.
4.3 in quotations, contracts and confirmations prices are based on the time of
the conclusion of the agreement applicable cost factors, such as exchange rates, commodity and
material prices, wages and transport costs, taxes, duties and other government levies.
4.4 We reserve the right, if after the date the agreement was reached, but the days of supply increases in one or more of the cost factors occur, this increases the buyer to charge. Furthermore we are entitled to in such a case the agreement wholly or partially dissolved state without court intervention is required.
This latter right is also granted to the purchaser, but only if we are within 3 months after the conclusion
the agreement of the view that changes in the cost of an increase in the engagement letter that price results. If the purchaser of that right, he within 5 days after receipt of the notice by registered letter of our dissolution
Article 5 Delivery and delivery times
5.1 The delivery periods stated by us going on the day the agreement was reached, (provided all the information we need to implement the contract in our possession) and, if and where the deliveries outside the Netherlands, we have received payment of the purchase price (unless otherwise agreed).
5.2 The cases are supplied in the Netherlands, where in-stock and writing to the contrary, within 14 (fourteen) days after the day the agreement was reached, subject to the Article 11 of these general conditions (force majeure). Cases are delivered outside the Netherlands, where in-stock and writing to the contrary,
within 30 (thirty) days after the day the agreement was reached and we pay the price received, subject to the provisions of Article 11 of these general conditions (force majeure). Delivery times are extended by the period during which the purchaser only become payable amount, after which fell due, has left unpaid. In late delivery, we a written notice of default be made. Case - notwithstanding the above - in the an individual contract expressly penalty for exceeding the agreed delivery time, is not payable if the delay in delivery is a result of the Article 11 of these general conditions as cases of force majeure.
5.3 Unless expressly agreed otherwise in writing, the delivery of the affairs Our factory / warehouse us. Once delivered to our factory / warehouse we have left is the risk where these matters are concerned about the buyer.
5.4 requests the buyer to the delivery of goods in other than the usual method of place
then can the associated costs to the buyer in charge.
5.5 The buyer is taken the business within the term agreed to take. Failing this, we entitled - at our discretion - pursuant to the provisions of Article 6:60 Civil Code require the competent judge us by our commitment to deliver the agreed business will free, without prior notice or payment of the purchase price of not decreased
proportion to demand. If the buyer fails to meet its commitments, we are entitled to agreement without judicial intervention to dissolve. If the buyer fails in the above cases within the agreed period to take and we pay the purchase price claim, matters deemed to be delivered and will we do things for the account and risk of the buyer against payment of all related costs saving. No deadline agreed to purchase, then we are the measures mentioned in this subsection entitled, if things are not within 1 months after our invitation to do so by the buyer declined.
5.6 Any return shipment to us must always be delivered, stating reasons, shall occur: If compliance with these conditions we are entitled to refuse the return and / or return on cost of the buyer. A return at the expense and risk of the buyer.
Article 6 Cooling off period, Advertising
6.1 In case of a contract agreed via the Internet, referred to in Article 3 paragraph 1 of this general terms, the buyer has the right within a period of seven (14) days after delivery of the cases to terminate the contract without giving reasons. The buyer then held the goods immediately to us to return. The cost of returning the goods shall be borne by the buyer. Within 14 (fourteen) days after receipt of the return cases the buyer already paid refunded by us. Things that are taken from the package can not be returned.
6.2 The buyer is obliged - under penalty of forfeiture of the advertising law - the goods supplied by us within 14 (fourteen) days after delivery thereof to (do) test. If the test shows that there is an accidental delivery and / or deficiencies are matters which are visibly, the buyer must give way soon as reasonably possible and within the said 14 (fourteen) days after delivery to us at position to give. This must be done by registered mail or electronically (by email), containing an accurate description of the complaint and stating the invoice on which the goods have been delivered.
6.3 Defects at the time of delivery and testing were not apparent, must by the buyer 10 days after the coming to light of these deficiencies are brought to our notice in the manner specified in the preceding paragraph.
6.4 Any claim by the purchaser to us, referring to defects in the goods supplied by us, lapse if:
- The deficiencies within the article (in paragraph 1, 2 and 3) deadlines and / or the indicated to us there is notified;
- The buyer or not our lack of cooperation in respect of an investigation into the merits of the complaint;
- The buyer shall be contrary to the rules, at least not normally used;
- The contract mentioned in the individual warranty has expired, or if such a term is missing, complaints are expressed only after a period of more than 12 months since the day the goods are delivered expired;
- The application and use of assets on which the allegations by the purchaser continued.
6.5 Complaints concerning prices charged and other complaints regarding the bill must, within 8 days after
delivery of the goods and / or the invoice date are submitted to us, failing which claims the purchaser subject to us expired.
6.6 The submission of advertisements does not entitle the buyer and the receipt or payment of the cases to refuse or suspend.
6.7 The buyer should always us the opportunity to offer to repair the defect.
6.8 Defects caused by improper or incorrect use of the business remain outside the warranty.
We are not liable therefor.
Article 7 Liability
7.1 Only if the warranty obligations in respect of goods supplied by us by third parties not in themselves
taken, the buyer against us (warranty) claims referred to in Article 6 of these general conditions do apply.
Our liability is then limited to defects that result from manufacturing defects.
Our liability is further limited to the amount for which we are assured in this field.
7.2 If our liability as stated in the previous paragraph exists, we just kept up, at our discretion:
a. (free) repair of defects or delivery of replacement items after (return) receipt of the defective goods, or
b. refund of the purchase amount or credit the invoice sent to the buyer, with no dissolution
judicial intervention of the agreement, all for much of the purchase price, the invoice and the contract
concerning the goods delivered, or
c. in consultation with the buyer to determine compensation in a form other than mentioned above.
7.3 If the buyer without our prior express written consent of the business changes,
has performed or enforce, any lapse guarantee obligation on our part.
7.4 Subject to any our obligation (s) under the previous, we are never obliged to pay
any compensation to buyer and to others, except in cases of intent or gross negligence on our part
(the person who holds us liable to legal means to prove). We are not liable to or consequential damages, direct or indirect damages howsoever called, lost profits and damages including downtime understood, suffered by the buyer, or his subordinates and he put to work or others, caused by total or partial (re-) delivery of goods, delayed or faulty delivery or failure to deliver of the business or the business itself. In particular, we are not liable for any damage, which arises by laws or regulations of the (outside) country where the goods are delivered and / or the (outside) buyer country resident or established and / or the (outside) the country where cases are used, different from the laws or regulations in Netherlands.
7.5 Subject to Article 6 paragraph 1 of these general conditions, buyer is not entitled to the points that
No advertising is motivated to return. Should this occur without valid reasons, then all costs return shall be borne by the buyer. We shall be free business expense and risk of the buyer store.
Article 8 Retention
8.1 The goods supplied by us remain our property until full payment of the purchase price. By us
delivered to the purchaser cases are supplied under the condition precedent of full payment of the purchase price by the buyer. In full payment of the purchase price, the ownership of the goods delivered by right to the buyer.
8.2 If as a result of processing by the purchaser our property, resting on the goods supplied by us,
lost, the buyer is obliged immediately to the working or processing business created for our
to establish a possessory lien.
8.3 The buyer is obliged to immediately inform us of claims or attempts by others to the business,
that in our property, in their power to get to them or to recover. The buyer is obliged on his
things to do to our property rights or claim to protect.
8.4 In non-performance by the buyer of his obligations in this Article or in violation of the provisions
in paragraph 3 of this article, we are entitled to after notice but without court intervention is required,
the cases under the retention or otherwise - yet - are our property to take back.
8.5 We are entitled at any time the cases falling below the buyer (or others) are, but we owned
accessories of us take when we can reasonably assume that the real risk that the buyer is not
will meet its obligations. The foregoing is without prejudice to our rights as arising from the
common law: in particular, we reserve the right to the buyer after having us take the business to pay compensation to to speak.
Article 9 Payment
9.1 Payment must be made in Dutch currency (Euros), without deducting any discounts. For delivery of goods
The Netherlands takes delivery in cash, or cash at the place where we are located, or by transfer to us by a specified bank account or paid via credit card (only Visa Card, Master Card and American Express are accepted by us). The method of payment is by us listed in the order confirmation. We are always entitled to request payment from the buyer. If the buyer does not request advance pay, the provisions of Article 10, second sentence of that General Conditions apply in full. For delivery of goods outside the Netherlands will deliver the first things place after payment via credit card (only Visa Card, Master Card and American Express are accepted by us). For delivery of goods outside the Netherlands should buyer said the purchase price in advance to comply. For buyer administration and delivery charge. These costs are determined by contract and the
9.2 If payment on a bill is agreed, payment is cash on the spot where we are located or by transfer to us by a bank or giro account, in both cases within 10 (ten) days after the invoice date. For payment by bank giro, or the date of crediting our bank account as the day payment.
9.3 If the buyer does not timely (in full) payment is about, he is in default without further notice is required and all of our claims to the buyer, without any notice is required, payable immediately. Then we have the right, if sufficiently coherent and where the failure of the buyer, the fulfillment of our obligations towards the buyer to suspend without prejudice to any other rights common law arising. We are entitled to have all supplies to be made for cash delivery of the goods or a guarantee of timely payment request. We also then entitled
agreement without judicial intervention to dissolve, in which the buyer then the obligation to return of the delivered goods, or otherwise the obligation to redress the service provided by us (s), prejudice our right to compensation.
9.4, the buyer fails to timely payment he is liable to us, without further notice by us necessary, from the due date until the date of full payment, an interest equal to 2% per month or part of a calendar month, calculated on the purchase price or the unpaid portion thereof, such interest immediately without further notice due. Furthermore, the buyer kept us out of court collection costs compliance relating to the collection of our receivables. These costs are set at 15% of the principal, without prejudice to our right to take further reasonable costs under Article 6:96, paragraph 2, sub c of the Civil Code will be allowed to bring. Furthermore, all adverse effects of exchange rate loss or otherwise late payment or non-payment arising on behalf of the purchaser, even though the buyer in his country under the existing provisions time to have fulfilled its payment but circumstances beyond its control measures or the payment have to take place on our way detrimental.
9.5 Payments stretch first deduct the costs referred to in paragraph 4, then against the interest due
and finally to reduce the principal and accrued interest.
9.6 If the financial position of the purchaser after the conclusion of the agreement, but the delivery of the
cases a significant deterioration, we are entitled to all or part of any further
implementation of the agreement, or a change in payment terms to recover.
9.7 Requirements of the authority, also involving the use of the existing supply of goods delivered prevent
do not change the financial obligations of the buyer.
9.8 The right of the buyer to have to settle any claims against us are excluded.
9.9 entire purchase price shall immediately due to late payment, if the buyer is able to hit bankruptcy, suspension of payments or are asked curator is sought if any attachment the business or assets of the purchaser is placed and when it dies, goes into liquidation or is dissolved.
9.10 If we are in a judicial proceeding in whole or in part, be successful, all our In connection with this procedure costs borne by the buyer.
Article 10 Security
10.1 We are entitled to claim from the buyer, that security for the fulfillment of its obligations, so especially after the conclusion of the contract. If required by our security is not given, may We implement our obligations and suspend or terminate the agreement without judicial intervention, subject to the rights as us straight out of the ordinary result.
Article 11 Force majeure
11.1 Force majeure shall mean any circumstance beyond our control is such that compliance with the
agreement can not reasonably be demanded of us (so called non-attributable failure to perform). Force majeure also means war, unrest and hostilities of any kind, blockade, boycott, strike, natural disasters, epidemics, lack of resources, prevention and disruption of transportation facilities, failures in our business or the business of our suppliers, our non-compliance by suppliers of their obligations to us, and export restrictions, obstructions caused by measures, laws or decisions of international, national or regional (government) agencies.
11.2 If we force majeure the agreement does not (in time) may comply with the agreement we are entitled to a
later time to perform, or the contract as dissolved, at our discretion. In case of force majeure, the buyer can claim damages to us.
Article 12 Dissolution
12.1 Total or partial termination of the contract takes place by a written statement of the purpose owner. Before the purchaser a written termination statement addressing us, he always our first written notice of default and must make a reasonable period to allow us to still our obligations or repair deficiencies, deficiencies which the buyer must notify in writing accurately.
12.2 Purchaser has no right to contract in whole or in part, to dissolve or suspend its obligations, when he first neglected to fulfill its obligations.
12.3 If we agree to dissolve, there is no failure on our part, we always have the right to compensation for all pecuniary damages such as expenses, lost earnings and reasonable costs of determining damages and liability. In case of partial termination the buyer may not claim removal of already we provided and we have full right to payment for services provided by us already.
Article 13 Applicable law and dispute resolution
1. On all offers made and all agreements entered into by us exclusively Dutch law application.
2. Buyer complaints can notify us electronically (by email) and / or phone number
T: +31 (0) 546-456716. We try to complaints as soon as possible to treat and overcome.
3. All disputes of any kind related to or arising from agreements entered into by us and supplies are, if the above complaint and dispute resolution mechanisms have not settled the dispute, settled by the competent court in the district Almelo, unless the buyer us within one months after we have rely on this clause, advises writing for the settlement of the dispute by the legally competent court to decide.
We reserve the right to us to apply to the court under common law jurisdiction