This is a translation of the orginal Dutch text. (we are aware of
the grammar mistakes, working on it)
1. In these general conditions become the terms in the following meaning uses, unless specifically otherwise has been indicated.
User: the user of the general conditions; De consumer: a weather
party that a natural person is and not the practice of a business
sells or occupation; Agreement: the agreement between user and the
consumer; De consumers buy: the agreement till buying and selling
with relation till a moving affair, that closed becomes by a seller
that the practice of an occupation sells or business, and a the consumerThat
do not sells the practice of an occupation or business.
Article 2 General
1. These conditions count for every offer, sacrificed and agreement between user and a the consumer, on which users declared has these conditions of application, insofar as by these conditions by parties explicit and in writing is not deviated.
2. The present conditions are also of application on agreements with user, before the executions of which harmed serve to become concerned.
3. Possible deviations on these general conditions are only valid when these specifically in writing have been agreed.
Article 3 Offers and quotations
1. All offers and quotations are informal and happen in any written form, unless user round practical, hurry requirement or other reasons of a written offer renounces. The offer foresees in a date or date, or is to date particular bar.
2. User is only at offers and quotations bound when the acceptance of this by the consumer, by preference written, within 30 days happens. The in a sacrificed mentioned praise be including BTW, unless otherwise indicated.
3. User cannot at its offers and quotations are held when the consumer, notwithstanding that terms of reasonableness and justice and in the social traffic accepted views, wanted to belong to understand that the offer or a part of that an obvious mistake incorrect spelling contain.
4. When the acceptance (on subordinate points) deviates from it in the sacrificed taken up offer is user at that not bound. The agreement do not comes indicates then similar this deviant acceptance till position, unless user otherwise.
5. A put together price statement do not commits user till to delivery of a part of the in the offer or sacrificed quoted understood affairs against a similar part of the price.
6. Offers or quotations do not count automatic for backorders.
1. The agreement comes till position through timely acceptance through the consumer of users offer.
Article 5 Delivery
1. Unless otherwise agreed, happens delivery finished factory/store/warehouse of user.
2. The consumer has been obliged the bought affairs finished to take on the moment on which him this to disposition stand or at him to hand are stolen.
3. When the consumer of the purchase refuses or informs seller incorrectly / incorrect data / information or instructions, necessarily for the delivery, will the furrow delivery meant articles be raised for risk of the consumer after user him has informed. The consumer will in that case all supplementary expenses due be.
4. Users come and the consumer arrival to the same thing, then happens arrival of buy free, unless user at the closing of the agreement at the consumer the fixed conditions has communicated. User keeps the law by delivery the expenses for arrival separately to bill.
5. When have been agreed that deliveries in phases will become exported can user the execution of that parts that till a next phase be part suspend of that the consumer the results of the at that preceding phase in writing has approved.
6. When user data are needed of the consumer in the frame of execution of the agreement, catches the deliverery time at after the consumer this at user to disposition has stolen.
7. When user a term for delivery has given up, is this an indication.
A given up delivery time is never then also a fatal term. The final
liver time will the given up liver time however never with more than
40 days exceed, unless it talk is of superior power. By exceeding
of a term, the consumer user serves written ingebreke to put.
1. When through user a model or a sample has been shown or provides at the consumer, then state user it for in that the affair with that corresponds, unless the providing or the showing counted as manner of indication.
Article 7 properties reservation
1. User remains complete owner of the furnished affair till the moment that the buy price complete is satisfied.Article 8 Investigation, advertising
1. The consumer is loved the furnished on the moment (off) delivery, but in every case within so short possible terms to (to do) to examine. Besides belongs the consumer to examine or quality and quantity of the furnished correspond with what have been agreed, about that satisfies at the requirements that at that in the normal (trade) traffic count.
2. Possible visible deficiencies belong reported sacrificed within three days after delivery in writing at user to become this with simultaneous overhandiging of it and is the faulty affair, unless this impossible then well unreasonably burdensome.
3. A not visible flaw serves the consumer within eight days after discovery, but appearance within the 5 working days to report at user with regard of it in the previous member of this article particular. After the 5 working days, user has been entitled all expenses for repair or replacement, including administration, verzend- and ridden in front-expenses in bill to bring.
4. When in accordance with the previous member on time becomes gereclameerd, remains the consumer committed to purchase and payment of the bought affairs. Wishes the consumer faulty affairs to return, then happens such with preceding written permission of the user and on the manner as through user indicated.
Article 9 Risk-transition
1. The risk of loss or damage of the products that objects of the agreement are, goes on the consumer over on the moment on which these at the consumer legal and/or actually are furnished and with that in the power of the consumer or of a by the consumer at to point harmed are brought.
Article 10 price Increase
1. When user with the consumer at the closing of the agreement a particular price agrees, is user nevertheless entitled till raising of the price, also when the price originally not under reservation has been given up.
2. When a price increase happens within three months after the closing
of the agreement, can the consumer the agreement through a written
explanation dissolve in spite of the percentage of the raising, unless
- the price increase results from a competence or an on the user resting
obligation in accordance with the law or -
Article 11 Payment
1. Unless otherwise agreed serves payment net cash ort to find by delivery.
2. When payment not cash ortvindt serves these to happen within 14 days after invoice date, on a through user at to give manner and in the currency in which have been billed.
3. Difficulties against the height of the invoices be lacking the payments obligation not on.
4. After the going by from 14 days after the invoice date is the consumer according to the law in oversight; the consumer is from the moment of in oversight step over the opeisbare sum an interest due of 1% per month, unless the legal interest higher is in which case the legal interest counts.
5. In case of bankruptcy, surseance of payment or legal restraint are the progresses of user and the obligations of the consumer towards user immediate claimable.
6. User has to let extend it straight the through the consumer gedane payments in the first ort in decrease of the expenses, then in decrease of the fallen open interest and ultimately in decrease of the hoofdsom and the walking interest. User can, coming refuse indicates without through that in oversight, an offer till payment, when the consumer someone else order for the toerekening. User can refuse complete redemption of the hoofdsom, when fallen open become besides not also the and walking interest as well as the expenses satisfied.
Article 12 Suspension and decomposition
1. User is to be been lacking competent the nakoming of the obligations on or the agreement to dissolve, when:
- De consumer the obligations from the agreement or not complete do not complies with.
- After the closing of the agreement user to knowledge come circumstances good ground give to fear that the consumer the obligations will not comply with. In case it good ground exists to fear that the consumer only partial or not properly will comply with, is the suspension only permitted insofar as the shortcoming her justifies.
- The consumer by the closing of the agreement requested is security to put for the satisfaction of its obligations from the agreement and this security stays away or is insufficient.
2. Moreover is user competent the agreement to (to do) to dissolve when self circumstances appear which of Tues want to be that nakoming of the agreement impossible or to standards of reasonableness and justice not longer can be demanded then well when otherwise circumstances show which of Tues want to be that unaltered maintenance of the agreement in reasonableness may not become expected.
3. When the agreement is dissolved are the progresses of user on the consumer immediate claimable. When user the nakoming of the obligations suspends, keeps he its claims from the law and agreement.
4. User keeps town the straight damages to claim.
Article 13 Collecting charge
1. The consumer in flaw or in oversight with the complying with is of one or more of its obligations, then come all reasonable expenses to acquisition of satisfaction outside straight for bill of the consumer. When the consumer in flaw remains in the timely satisfaction of a geldsom, then forfeits he an immediate claimable fine of 15% over it yet due sum. This with a minimum of € 50.00.
2. When user demonstrates higher expenses to have made, which reasonably necessary were, come also this for compensation in comment.
3. The possible made reasonable judicial and execution expense come also for bill of the consumer.
4. The consumer is due over the made collection charge interest.
Article 14 free tangle
1. The consumer protects harmed user for claims of with relation till rights of intellectual property on through the consumer provided materials or gegevens that uses become by the execution of the agreement.
2. When the consumer at user information bearers, electronic truces or software etc. provides, guarantees these that the information bearers, electronic truces or software want to be of viruses and defects.
Article 15 Intellectual property and copyrights
1. Subject to the otherwise in these general conditions particular keeps user self the rights and competences for that user get by on ground of the Dutch "Auteurswet" (copywrite law).
2. It is not to be brought the consumer granted changes in the affairs on, unless follows has been agreed from the nature of the furnished otherwise or in writing otherwise.
3. The in the frame of the agreement possibly through the user till position brought design, sketch, signs, films, software and other materials or (electronic) truces, remain property of user, in spite of or these at the consumer or at harmed to hand have been stolen, unless otherwise has been agreed.
4. All by user possible provided to pieces, as designs, do not sketch, signs, films, software, (electronic) truces enz., exclusively have been meant by the consumer to be used and may by him without prior permission of user become verveelvoudigd, public made or to knowledge of harmed be brought, unless from the nature of the provided pieces otherwise results.
5. User keeps harmed is brought it straight the possible by the execution of the activities increased knowledge for other goals to use, as far as hereby no confidential information to knowledge of.Article 16 Liability
1. When through user furnished affairs faulty are, is the liability of user towards the consumer limits till what in these conditions under "Guarantees" have been regulated.
2. When the producer of a faulty affair responsible is for consequence damage, then becomes the liability of the user limits till recovery or replacement of the affair, then well backpayment of the buy price.
3. Subject to the above is user not responsible when the damage is to be blamed on intention and / or coarse debt and / or reproach bar act, then well improper use of the consumer.
4. The in these conditions taken up limitations of the liability for direct damage count not when the damages to blame is at intention or coarse debt of user or have been subordinated.
Article 17 superior Power
1. Parties have not been loved till the complying with only obligation, when they for that impeded become as consequence of a circumstance that are not to be blamed on debt, and neither under the law, a legal transaction or in the traffic valid views for their bill comes.
2. Under superior power becomes in these general conditions understand next to what thereabouts in the law and case law are understood, all of outside coming causes, foresee or not-foresee, on which users no influence can practice, but through which user not in state is the obligations after coming., . Strikes in the business of user are understood below it.
3. User is entitled also the self to superior power to appeal, when the circumstance that (further) nakoming prevents, enters after user its agreement wanted to must comply with.
4. Parties can during the period that the superior power continues the obligations from the agreement suspend. When this period longer lasts then two months is each of the parties entitled the agreement to dissolve, without obligation till compensation of damage at the other party.
5. The time needed by the user at the time of the enterring from superior power meanwhile partly its obligations from the agreement or these, and at the complied with respectively after part independent value coming comply with can will complied with is gets by, has been entitled complied with coming user it already respective after part separaat to bill. The consumer is held were this invoice to satisfy as one separate agreement.
Article 18 Disputes
1. The right in the vestigingsort of user is by exclusion competent of disputes knowledge to take, unless the justice of the peace competent is. Nevertheless user has to lay the straight the dispute for at the according to the law competent judge.
2. Parties will first an occupation on the judge do after they self till the extreme exerted a dispute in mutual thought to settle.
Article 19 Applicable law
1. On each agreement between user and the consumer, Dutch law of application is. The Viennese buy treaty has been excluded explicit.
2. In case of explanation of the content and intention of these general conditions, is the Dutch text of that town modifying.
Article 20 Change, explanation and vindort of the conditions
1. These conditions have been deposited to office of the Chamber of Commerce to Arnhem, Netherlands.
2. In case of explanation of the content and intention of these general conditions, is the Dutch text of that town modifying.
3. Of application is town the last deposited version c. q. the version as that counted at the time of the totstandkomen of the agreement.
Only the Dutch version of these General terms are liable