6.1 Delivery shall be made to the address specified by the Buyer because the Seller shall deliver or have purchased products delivered directly to the Buyer or shipped by mail to the Buyer. The delivery costs shall be borne by the Buyer.
6.2 The Seller is first obliged to provide delivery after the Buyer has paid the Seller the full amount due to him, including shipping costs.
6.3 The Seller shall reserve the right to suspend delivery of a new order in the event that the Buyer has not yet paid all amounts due to the Seller.
6.4 The delivery times indicated by the Seller are indicative. Exceeding the stated delivery time is not fatal and does not entitle the Buyer to compensation.
6.5 In the event of a breach of the agreed delivery time, the Buyer shall also not be entitled to terminate the agreement unless the delivery time is exceeded so that the Buyer cannot reasonably be required to maintain (the relevant part of) the agreement.
6.6 At the time of delivery, the risk involved is transferred to the Buyer.
6.7 In the event that the Buyer does not accept the products ordered by him on time or at the agreed place and time of delivery, he shall be in default without notice. In that case, the Seller shall be entitled to store the goods at the expense of the Buyer or to dissolve the agreement with the Buyer, without prejudice to the Seller’s right to claim full compensation.
6.8 The buyer must respect the Seller’s intellectual property rights (## Article11). If the Buyer violates these rights, the Seller shall be entitled to suspend delivery of the products or to terminate the agreement(s) and to discontinue delivery to the Buyer. All without right to compensation to the Buyer.
7.1 The Seller reserves the property right to all products it delivers to the Buyer, until all claims due to the Seller from the Buyer under the agreement(s) or any other agreements, including any interest and (debt collection) costs, are fully paid to the Seller, all of which are stipulated in Article 3:92 (2) of the Dutch Civil Code.
7.2 As long as full satisfaction of all the Seller’s claims on the Buyer has not taken place, the Buyer is not authorized or entitled to dispose of the products in respect of which a Seller’s retention of title is based – other than in the course of its normal daily business operations – to bring, remove or object to with any right to object beyond its actual power.
7.3 The suspensive condition specified in Article 3:92(1) of the Dutch Civil Code is not fulfilled in the case of payment in connection with a debt of the Buyer to the Seller by a third party who by that payment has effected subrogation of the rights of the Seller.
7.4 In the event that and in so far as the Seller’s ownership of the goods it has delivered to the Buyer ends, the Buyer already grants the Seller, in advance, first right of pledge on all products delivered and to be delivered by the Seller to the Buyer, as well as its claims under the insurances referred to in the seventh paragraph of this article. The pledge extends to multiple collateral for all existing and future claims that the Seller or Buyer has or shall obtain for any reason. The Buyer declares that he/she is entitled to effectuate such pledge, and also that the goods to be pledged and claims are free of any restricted rights or claims neither established in advance.
7.5 The Seller has an irrevocable power of attorney to perform all legal acts for and on behalf of the Buyer for the establishment of the above-mentioned pledges, in so far as such establishment has not already taken place. The applicability of Article 3:68 of the Dutch Civil Code is excluded. Notwithstanding the foregoing, the Buyer is furthermore obliged to perform all (legal) actions at the earliest request of the Seller, which are required or may be required by the pledge referred to in this article.
7.6 As soon as the Buyer is in breach of his obligations to the Seller, the Seller shall be authorized and entitled to withdraw the products or to be held as a pledge without further notice. The Buyer already authorizes the Seller to seize the products and as pledgee to take possession of them respectively. The Buyer authorizes the Seller as of now to enter or have a third party enter the location(s) for the afore-mentioned purpose – including third parties who are storing the products for the Buyer – where the products are located.
7.7 As long as the products are the property of the Seller respectively and it has a pledge thereon, the Buyer is obliged to properly insure the relevant items against theft, fire, explosion, water and other damage and to submit the relevant insurance policy to the Seller at its earliest request.
7.8 If the Buyer is in default of payment and the Seller therefore retrieves the delivered products, using the retention of title referred to in this article, the related costs shall be born by the Buyer.
8.1 Unless otherwise agreed in writing, payments shall be made without suspension, rebate or settlement for any reason within fourteen (14) days after the invoice date, in the absence of which the Buyer is in default by operation of law, and therefore without any further notice of default being required, and is also liable to pay the Seller the legal trade interest and (extra)judicial costs. In that case, the Buyer shall be liable from the moment of default for default interest of 1% per month or part thereof over the unpaid remaining amount until the date of settlement in full. If the statutory interest is more than 12% per annum, the Buyer shall be liable for legal interest.
8.2 If the Buyer places an order through the Webshop it must be paid directly. The Buyer’s order may be subject to further (payment/order) conditions.
8.3 All judicial and extrajudicial costs to recover all amounts owed to the Seller, including the full costs of legal assistance – whoever the provider is – are borne entirely by the Buyer. The extrajudicial costs amount to ten percent (10%) of the principal amount due, with a minimum of €150.
8.4 Payments are always deducted first from all (extra)judicial legal costs and interest and then from the oldest invoice.
8.5 Before or during execution of the order placed, the Seller is at any time entitled to request partial or full payment of the order and to suspend compliance with its obligations, until the Buyer has settled the already invoiced order. If the Buyer remains in default of payment, the Seller is entitled to dissolve the order or dissolve the agreement. Any damages for the Seller arising from the suspension and/or termination shall be repaid by the Buyer.
10.1 After the Buyer has received the products he has ordered, he is entitled to dissolve the agreement with the Seller within fourteen (14) days after receipt of the products. The Buyer does not have to give a reason.
10.2 The Buyer’s entitlement referred to in paragraph 1 shall not apply to products made in accordance with the specifications of the buyer (custom), which are clearly personal in nature or cannot be returned due to their nature.
10.3 If the Buyer wishes to dissolve the agreement pursuant to Article 10.1, the Buyer must notify the Seller in writing within fourteen (14) days of the aforementioned period.
10.4 The Buyer must return the goods received by him unused, undamaged and complete in the original packaging.
10.5 If the Buyer sends the products back to the Seller the associated costs shall be borne fully by the Buyer.
10.6 If the Buyer has already made any payments at the time of termination of the agreement with Seller, the Seller shall repay these payments within thirty (30) days after the Seller has received from the Buyer the returned products or products brought to the Seller.
10.7 The Seller reserves the right to refuse returned products or products brought back or to return only part of the amount already paid if there is suspicion that the products have already been opened, used or damaged as a result of the Buyer’s fault. In that case, the Seller has the right to deduct the reduction in value of the product as a result of this damage from the amount to be repaid to Buyer.
11.1 Except for in so far as exclusion of liability under mandatory laws is not possible, the Seller shall not be liable for any unlawful act due to unlawful action or an (attributable) shortcoming in the fulfillment of its obligations or on the grounds of any other legal basis.
11.2 Without prejudice to the provisions of paragraph 1 of this article, the Seller shall never be liable for: a. company, consequential or indirect damage (including loss of profits and missed savings), unless this is the result of intentional or deliberate recklessness of sales executives or the Seller. b. damage caused by intent or deliberate recklessness by non-executive employees of the Seller or third-party affiliates of the Seller.
11.3 The liability of the Seller for damage resulting from defects in delivered products is limited to replacement or repair of the related products as defined in Article 15 (advertising).
11.4 Without prejudice to the provisions of Article 15 of these advertising terms, any claim for damages against the Seller, with the exception of the claim (s) recognized by the Seller, shall expire within a period of six (6) months after the Buyer has discovered or should reasonably have discovered the damage.
11.5 Conditions which limit, exclude or determine liability, which may be enforceable by third parties against the Seller, may also be enforceable by the Seller to the Buyer.
11.6 The Seller is not responsible for the non-functioning or inadequate functioning of the website, telecommunications, infrastructure and / or other errors in the communication or possible consequences thereof. The content of the Seller’s website as well as the content of all other Seller’s statements on the internet has been carefully compiled. However, the Seller cannot provide any guarantees as to the nature, accuracy or content of that information. The Seller is therefore not liable for any errors, mistakes, misunderstandings, delays or misrepresentation regarding orders and communications resulting from the use of the Internet or any other (electronic) means of communication between the Buyer and Seller, or for the consequences of the use of the relevant information. The Seller also excludes any liability as to the opinions and answers it has given, subject to intent or gross negligence on the part of the Seller.
12.1 The Seller is not obliged to comply with any obligation to the Client if it is hindered as a result of a circumstance that is not due to its fault, either by law, legal act or the generally accepted view that it is for its account. The Seller is not in default and is entitled to suspend its obligations.
12.2 Force majeure is understood to mean, in addition to that stipulated by the provisions of law and jurisprudence, any of the independent circumstances of the Seller that temporarily or permanently prevent compliance with the agreement and which is not attributable to the Seller. This includes: strikes at the Seller or its suppliers, staff shortage and staff illness, delays in deliveries from suppliers or non-performance and / or force majeure of these suppliers, government measures, fire and malfunctions in the Seller’s or its suppliers’ business.
12.3 If, as a result of the aforementioned circumstances, compliance by the Seller is permanently impossible, it has the right to claim that the agreement is amended such that its implementation remains possible, unless, in the circumstances given, it cannot reasonably be demanded by Buyer and termination is justified. In the latter case, the agreement in question shall be terminated without the Buyer being entitled to any damages.
12.4 As long as there is force majeure, the delivery and other obligations of the Seller shall be suspended. If the period during which force majeure of the obligations by the Seller is not possible for longer than three months, then both parties have the power to dissolve the agreement without any obligation in that case to pay damages.
12.5 If, at the time of the force majeure, the Seller has already partially fulfilled its obligations or can only fulfill its obligations only partially, it is entitled to invoice the delivered case separately for the part to be delivered and the Buyer is obliged to comply with this invoice as if it were a separate agreement.
15.1 The Buyer is obliged to check the goods delivered by the Seller immediately upon receipt of deficiencies, omissions, improper or inaccurate delivery and visible defects and damages.
15.2 Deficiencies, omissions, improper or inaccurate delivery and visible defects and damages must be reported in writing within one (1) business day after delivery to the Seller, and the goods in question should then be sent back to the Seller within five (5) working days at the expense and risk of the Buyer, in default of which the Buyer’s rights expire and the risk of any deficiencies, omissions, incorrect or inaccurate delivery and visible defects and damage remain at the expense and risk of the Buyer.
15.3 Claims regarding invoices must be submitted to the Seller in writing, within fourteen (14) days after the invoice date, in the absence of which the Buyer’s rights shall expire.
15.4 All other rights claimed by the Buyer for shortcomings of the Seller in fulfilling its obligations or other defects in the products delivered by it must be submitted in writing within 14 days after the Buyer has discovered or could reasonably have discovered the defect, but no later than two years after delivery of the Product, to be submitted to the Seller, and – in the case of defective cases – they must at the same time be returned to the Seller at the expense and risk of the Buyer, in the absence of which the Buyer’s rights shall expire. The rights of the Buyer in this regard shall also expire if the Buyer has attempted to rectify an alleged defect without the express written consent of the Seller.
15.5 Provided that claims have been submitted in good time in accordance with the provisions of this article, the defective items returned to the Seller shall be replaced or repaired, at the discretion of the Seller.
15.6 Claims as referred to in this article, do not suspend the Buyer’s payment obligations.