General Terms and Conditions - Vita Bella International B.V.
Article 1: Scope 1.1 These General Terms and Conditions apply to all our quotations/offers/deliveries, as well as agreements concluded between us and the buyer; deviations from the provisions of these General Terms and Conditions are only valid and binding if they have been or will be expressly agreed in writing. 1.2 To the extent necessary, we hereby expressly reject any stated applicability of any Terms or Conditions of the buyer. Article 2: Offers, formation 2.1 We honor all our quotations and/or offers for eight days after the quotation date. 2.2 If we have received an unconditional order for delivery, the agreement is deemed to have been concluded, without further written confirmation being necessary. 2.3 We are entitled at all times to demand further security from the buyer for the fulfillment of his payment obligations and to suspend our performance pending this security. 2.4 If the buyer is unable to meet his payment obligations, such as in the event of suspension of payment, bankruptcy, reorganization scheme, placing under guardianship or otherwise, we are authorized to dissolve the agreement, without being obliged to pay any compensation. Article 3: Documents We are not liable for printing errors or errors in our catalogue, website and other printed matter. We are not obliged to comply with such incorrect statements. Article 4: Price 4.1 All prices quoted by us include VAT. 4.2 Cost price factors, which cannot be influenced by us, such as wages, exchange rates, import duties, freight costs, etc. may be passed on by us if the price changes were not foreseeable on the quotation date and occur eight days after the quotation date. Article 5: Assembly Any assembly or installation work is always at the expense of the buyer. Article 6: Delivery 6.1 All our deliveries are made ex warehouse or from the address where the goods can be picked up by the buyer. 6.2 If the buyer requires that the goods be delivered to an address to be determined by him, the transport is at the expense and risk of the buyer. 6.3 The delivery times specified by us are indicative. 6.4 We will inform the buyer to the best of our ability if we know or expect that the indicated delivery time will be exceeded. 6.5 If the delivery period is exceeded by more than 4 months, the buyer is entitled to consult with us about dissolution of the purchase agreement. The buyer must request this consultation in writing. 6.6 Return shipments can only be made after our express written permission. In the absence of such written permission, we are entitled to refuse the return. Article 7: Retention of title All goods delivered by us remain our property until the buyer has paid us all that which he owes us, including interest and costs, due to goods delivered or to be delivered pursuant to an agreement or work also performed or to be performed on his behalf under such agreement. has fulfilled. Article 8: Payment
8.1 All payments to us must be made without any deduction or compensation, online by credit card, in cash at our office or to a bank or giro account designated by us.
8.2 If the owed amount has not been paid on the agreed due dates, the buyer is legally in default without any notice of default and is obliged to pay interest from the due date at the rate of one percent per month on the entire amount owed, as well as all extrajudicial costs of collection, hereby set at 15% of the total amount owed with a minimum of €50, all this without prejudice to our right to claim compensation for damage suffered otherwise. 8.3 Payments made by the buyer always serve first to settle all interest and costs owed, and then to settle the longest outstanding invoices due, even if the buyer states that the payment relates to a later invoice. 8.4 We are entitled to set off the amounts owed or receivable by us in connection with the agreement with those we owe or owe to the buyer.8.5. Failure, late and/or incomplete fulfillment by the buyer of his payment obligations entitles us to suspend (further) fulfillment of the agreement on our part until these obligations have been met, or to cancel the agreement, all this without prejudice to our right to compensation for the later c.q. non-execution of the agreement. Article 9: Non-compliance
9.1 In the event of force majeure, both foreseeable and unforeseeable, we are entitled to dissolve the agreement entered into in whole or in part, without this giving rise to compensation for any damage or consequential damage.9.2 We are also entitled to dissolve the agreement in whole or in part, if circumstances have changed such that it can no longer reasonably be expected that we still fulfill the agreement unaltered. In that case, we will also not be obliged to compensate any damage. 9.3 If, in the event of non-compliance, we are otherwise obliged to compensate the damage suffered by the buyer, this compensation will never be more than the invoice amount of the relative agreement. 9.4. The alleged failure by us to fulfill our obligations under the agreement does not release the buyer from any of its obligations under the agreement. Article 10: Warranty 10.1 We only guarantee the technical soundness of the goods delivered by us if it is established that all our instructions regarding the use of the goods have been strictly followed. 10.2 The warranty period for technical use is three months from the date of delivery. 10.3 If the goods are not manufactured on our behalf, nor are they manufactured under our own license, we do not guarantee the soundness of these goods. 10.4 We limit our liability under warranty to the replacement of the defective goods or refund of the amount charged for these defective goods. 10.5 In the event of replacement, a new warranty for the replacement goods is provided under the provisions of this article, which warranty commences on the day of delivery of the replacement goods. Article 11: Liability 11.1 If, on the basis of these General Terms and Conditions or otherwise, we are obliged to compensate the buyer for damage, we will never be obliged to pay compensation for damage that exceeds the invoice amount of the relative agreement. 11.2 The buyer is deemed to be familiar with the national laws and regulations applicable in his sales area with regard to the free movement of goods and indemnifies the seller from legal liability with regard to these national laws and regulations on the seller's products. Article 12: Complaints 12.1 Externally visible transport damage must be noted on the relevant receipt of the carrier immediately after receipt of the goods. 12.2 Complaints regarding invoicing or visible defects in the delivered goods must be reported to us within eight days of receipt of the invoice or the goods by fax/telex/telegraphic or letter or telephone. A communication by telephone must be confirmed in writing by the buyer within two days afterwards. 12.3 Complaints regarding non-visible defects in the delivered goods must be reported to us immediately after these defects were discovered or could reasonably have been discovered, but no later than six months after the day of delivery of the goods, which notification must be made. in the manner described in paragraph 2. 12.4 After the expiry of the periods described in this article, complaints and complaints will no longer be processed by us. 12.5 We are also released from any liability and are not obliged to accept complaints about defects if the buyer has not strictly complied with his obligations, nor if third parties, whether or not at the expense of the buyer, make any changes or repairs to the goods delivered by us without prior written permission. have made or performed. Article 13: Evidence of administration Subject to proof to the contrary, the data contained in our records together with the agreement are decisive. Article 14: Applicable law, competent court 14.1 Dutch law applies to all agreements to which these Terms and Conditions apply in whole or in part. 14.2 The handling of all disputes relating to this agreement or from further agreements for the implementation thereof can only take place at the competent court in the Arrondissement of Arnhem, being the district in which the seller is established; this subject to the provisions of art. 15.1 determined. Article 15: Final provision 15.1 These general terms and conditions and the Agreements, as well as the formation and interpretation, are governed by Dutch law. 15.2 Disputes arising from or related to the agreement or these general terms and conditions will be submitted to the competent court. Before submitting the dispute to the court, the parties undertake to consult each other in order to resolve the dispute.