Terms and Conditions
GENERAL SALES, DELIVERY AND PAYMENT TERMS
Article 1 - General
1.1 In these general terms and conditions, "buyer" means every (legal) person who negotiates with Hondentotaal (to be referred to as "supplier") and / or enters into agreements with regard to goods to be delivered by the supplier.
1.2 These general terms and conditions apply to all offers and quotations from the supplier and agreements made or to be executed by the supplier. The supplier expressly rejects the application of his own general terms and conditions of a buyer or other general terms and conditions.
1.3 Deviations from these general terms and conditions are only binding on the supplier if this has been expressly agreed in writing.
Article 2 Agreement
2.1 All offers and / or offers made by the supplier are without obligation. An agreement is formed if an offer or quotation issued by the supplier is accepted by the buyer within fourteen days in writing, or if an order given by the buyer to the supplier is confirmed in writing by the supplier to the buyer, or if this without prior order confirmation.
2.2 Changes in the agreement, of whatever nature, will only be valid if they have been agreed in writing between the supplier and the buyer.
2.3 Any (additional) verbal statements, promises and agreements with subordinates are not binding on the supplier, unless these agreements are confirmed in writing.
2.4 If the customer, after conclusion of the agreement, still requires changes to its implementation, it is up to the supplier to determine whether and under which (further) conditions these changes can still be accepted within the framework of the agreement.
2.5 The supplier is authorized to charge the customer for the higher costs associated with these changes in the event of changes to the agreement, of whatever nature.
2.6 According to the law on distance selling, it is possible for the consumer to return a product within seven working days of receipt without giving any reason. Conditions are attached to this. For example, it can be expected that the consumer will assume the shipping costs for returning the goods. The conditions described below about the right of return differ per company. For example, not every company has anything to do with customization or software with a seal. More information about this in the next piece. The consumer has the right to return within 7 working days after delivery of the product. Without giving any reason, the consumer can return a product in which the purchase price is paid back. The costs for returning the product are for the consumer. What are the conditions for the right of return. The product may not be used and can still be sold. (The consumer must be able to view the product, but not take it into use). It must be undamaged, complete and returned in its original packaging. The right of return does not apply to purchases that have been specially made to order and are therefore tailor-made. Customization falls outside this right. The right of return does not apply to a service with which the seller started with the agreement of the consumer before the cooling-off period has expired.
The purchase amount will be credited within 30 days.
Article 3- Prices
3.1 The offered and agreed prices are in euros and include VAT. The other taxes, levies and duties, transport and insurance costs due under the law are not included in the price.
3.2 If the prices of materials, wages and other price-determining factors increase after the conclusion of the contract as a result of statutory provisions, the supplier is entitled to pass on the price increase to the customer. The customer then has the right to dissolve the agreement in writing within fourteen days after written notice by the supplier of that price increase.
Article 4- Payment
4.1 Before the goods are delivered, the customer must pay the entire amount owed by him by means of payment or transfer to a bank account designated by the supplier.
4.2 If the customer does not pay any amount owed by him within the set term, the customer is legally in default without any further notice of default being required.
From the due date of the invoice, the customer owes the legal interest plus 3%, to be calculated per (part of the) month over the outstanding amount.
4.3 All possible costs, both judicial and extrajudicial, incurred by the supplier to enforce compliance with the (payment) obligations of the customer shall be borne by the customer. The extrajudicial costs are hereby set at 15% of the invoice amount, with a minimum of € 250.00 without any proof being required. The aforementioned costs are due from the time when the claim is placed in the hands of a lawyer, bailiff or debt collection agency, regardless of whether the customer is aware of this.
4.4 The customer is not entitled to deduct any amount from the amount owed by him or to set off the amount owed by him with any counterclaim which he or she is entitled to have on the supplier or to suspend his payment obligation.
Article 5- Delivery and delivery time
5.1 The supplier is entitled to deliver in parts.
5.2 Agreed or specified delivery times can not be regarded as deadlines. Exceeding the delivery time does not entitle the buyer to compensation for any damage, except in case of intent or gross negligence on the part of the supplier.
5.3 According to the law remote buying the maximum delivery time may be 30 days, unless otherwise agreed. If the delivery time is not feasible within 30 days, the buyer will be informed of this in time. The buyer then has the option to terminate the agreement or to agree on a new delivery period. Amounts already paid must be repaid within 30 days on termination.
Article 6 - Transport
6.1 The method of transport, shipping, packaging and the like is determined by the supplier according to good merchant use.
6.2 All freight costs, taxes and other levies due will be borne by the customer, unless the parties have expressly agreed otherwise.
6.3 The customer is obliged to receive the goods as soon as these goods are offered to him by the supplier or by a forwarder. Failing this, these goods shall be stored at the expense and risk of the customer in a space to be designated by the supplier. From that moment on, the buyer owes the purchase price for the goods and the costs of the storage of the goods to the supplier.
Article 7 - Brands
7.1 The names or brands used by the supplier are the property of or are used under license by the supplier. They may not be used by the customer without the express written consent of the supplier.
Article 8 - Retention of title / Copyright
8.1 All goods delivered by the supplier remain the sole property of the supplier until the moment at which all claims of the supplier on the buyer arising from the agreement as well as claims for failure to comply with such agreement have been paid in full by the customer.
8.2 Without prejudice to the provisions in Article 4 regarding payment, the supplier is entitled to take back all goods delivered to the customer if the customer fails to pay any due and payable sum. The costs associated with the return are payable by the customer and will be charged by the supplier to the customer.
8.3 The copyright of Hondentotaal is based on all texts and images in our web shop. This means that nothing from this site may be copied and / or used for advertising purposes anywhere without explicit permission from the Hondentotaal.
Article 9- Warranty
9.1 With due observance of the following, the supplier guarantees the soundness and quality of the goods delivered by it during the period as indicated on the packaging (s) of the delivered goods, on the understanding that the guarantee never goes beyond the warranty as issued by the manufacturer.
9.2 The customer only has a claim against the supplier on the grounds of this article if the buyer can hand over a purchase receipt or invoice of the delivered goods to the supplier.
9.3 The guarantees do not apply in case the defect and / or the related damage is due to compliance with the applicable instructions, an external cause and / or improper use.
Article 10 Advertising
10.1 The customer is obliged to check the delivered goods immediately upon delivery for any defects or shortcomings and must immediately report any defects or shortcomings discovered on the consignment note / order letter signed by the customer.
10.2 Invisible defects or shortages must be notified to the supplier within seven days after the customer has discovered the defect or could reasonably have discovered it. Complaints regarding invoices must be communicated in writing to the supplier within seven days of the invoice date at the latest. If complaints are not submitted in time as aforementioned, the supplier will not deal with these complaints and the supplier will reject any liability in this respect. After the expiry of this period, the customer is deemed to have approved the delivered goods or the invoice respectively.
10.3 The customer must enable the supplier to check the goods in original condition.
10.4 If the complaint is justified in the sole opinion of the supplier, the supplier shall, at his option, either pay a fee to the customer up to the invoice value of the goods delivered or, in the correct manner, replace the delivered goods, against return delivery of the goods. originally delivered goods.
Article 11 - Liability
11.1 Except for intent or gross negligence, the liability of the supplier is limited to a maximum of the invoice value of the delivered goods to which the complaint (s) found to be valid relate or have.
11.2 The supplier is never liable, not even in case of intent or gross negligence, for any consequential damage.
Article 12 - Dissolution
12.1 If the customer does not, not timely or not properly comply with his obligations arising from the agreement, the buyer is or is in danger of being declared bankrupt, suspension of payment has been granted, debt restructuring is pronounced or otherwise the power of disposition loss of its assets or parts thereof, the supplier is entitled to dissolve the agreement without judicial intervention and without a notice of default being required.
12.2 Without prejudice to the provisions in the preceding paragraph, the supplier shall also be entitled to compensation by the customer for damage, costs, interest and the like suffered by it.
Article 13 - Force majeure
13.1 The supplier is not obliged to comply with any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault, and that it is not liable for its opinion under the law or generally accepted in traffic, including but not limited to: not limited to power outage, failure of Internet and / or other telecommunications connections, computer viruses, lack of personnel, strikes, illness of personnel, force majeure by third parties or suppliers engaged by the supplier, the outbreak of hostilities, riots and war, terrorist attacks, fire explosions, floods, machine breakdowns and any other circumstance beyond the control of the supplier.
13.2 If a situation of force majeure occurs, the supplier will notify the customer in writing, with the necessary supporting documents.
13.3 If the period of force majeure lasts longer than two months, or with certainty, each of the parties is entitled to dissolve the present agreement (s), without any obligation to compensate the other party for damage.
Article 14 - Conversion
14.1 If a provision of these general terms and conditions would not prove to be legally valid, the remaining provisions will remain in full force. Instead of the invalid provision, a provision will then be substituted for which, in view of the intention of the parties, the scope will correspond as far as possible with the invalid provision.
Article 15 - Choice of law and competent court
15.1 Only Dutch law applies to offers from the supplier and the agreement (s) between the supplier and the buyer.