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GENERAL TERMS AND CONDITION FOR DELIVERY TO CONSUMERS
3994 WH Houten
hereinafter to be referred to as: user
Article 1 Definitions
User: the user of the general terms and conditions;
Consumer: an opposite party being a natural person who does not act in the course of a business or in the course of a profession;
Agreement: the agreement between the user and the consumer;
Consumer purchase: the agreement of sale concerning a movable thing concluded by a seller acting in the course of a profession or a business, and a consumer being a natural person, who does not act in the course of a profession or business.
Article 2 General
Article 3 Prices
Article 4 Conclusion of the Agreement
Article 5 Delivery
7. In case the delivered good does not comply with the agreement and this non-conformity is a defect as mend in the product-liability rules, the user is not liable for any consequential damage resulting from the defect.
8. All that is stated in these general terms and conditions about guarantee, has no effect on the guarantees of the consumer by reason of the law, everything with due observance of the provisions set out in these general terms and conditions and in the agreement, including the nature and quality of which is sold and delivered to the consumer.
Article 7 Samples and Models
Article 8 Retention of Title
Article 9 Inspection & Complaints
Article 10 Transfer of Risk
1. The risk of loss of, or damage to the products being the subject of the agreement, shall be transferred to the consumer the moment said products are judicially and/or actually delivered to the consumer and therefore fall into the power of the consumer or of third parties to be appointed by the consumer
- the increase is the result of a power given to the user by law
- the user is obligated to increase the price by (virtue of) law.
- it is stipulated that delivery will take place more than three months after parties have entered into the contract.
Article 12 Payment
Article 13 Suspension and Dissolution
1. User shall be authorised to suspend the fulfilment of the obligations under the agreement or to dissolve the agreement, in the event that:
- consumer does not fulfil or does not fully fulfil his obligations resulting from the agreement
- after the agreement has been concluded, user learns of circumstances giving good ground to fear that the consumer will not fulfil his obligations. If good ground exists to fear that the consumer will only partially or improperly fulfil his obligations, suspension shall only be allowed in so far the shortcoming justifies such action.
- consumer was asked to furnish security to guarantee the fulfilment of his obligations resulting from the agreement when the contract was concluded and that this security is not provided or insufficient.
2. User shall furthermore be authorised to dissolve the agreement (have the agreement dissolved) if circumstances arise of such a nature that fulfilment of the obligations becomes impossible or can no longer be demanded in accordance with the requirements of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be demanded in all reasonableness.
3. If the agreement is dissolved, the user's claims against the consumer shall be forthwith due and payable. If user suspends fulfilment of his obligations, he shall retain his rights under the law and the agreement.
4. User shall always retain the right to claim damages.
1. If the consumer fails to fulfil one or more of his obligations or defaults on one or more of them, then all reasonable costs incurred to have all extrajudicial costs and debts paid shall be borne by the consumer. The consumer has to pay collection charges in case of a claim. The collection charges will be calculated in accordance with the generally acknowledged methods in Dutch law.
2. If user demonstrates that he has incurred higher expenses, which were necessary in reason, said expenses shall also qualify for reimbursement.
3. The reasonable judicial and execution costs possibly incurred shall equally be borne by the consumer.
4. The consumer shall owe interest over the made collection charges.
Article 15 Safeguarding
1. The consumer shall safeguard user against claims filed by third parties concerning intellectual property rights on material or data provided by the consumer, which shall be used for and during the execution of the agreement.
2. If the consumer provides user with information carriers, electronic files or software etc., the former shall guarantee that said information carriers, electronic files or software are free of viruses and defects.
Article 16 Intellectual Property and Copyrights
1. Without prejudice to the other stipulations of the present general terms and conditions, user shall reserve the rights and authorities to which user is entitled under the Copyright Act.
2. The consumer shall not be allowed to introduce changes to the goods and material provided, unless the nature of the delivered goods and material dictates otherwise or if agreed upon otherwise in writing.
3. The designs, sketches, drawings, films, software and other material or (electronic) files, possibly produced by the user within the framework of the agreement, shall remain user's property, irrespective of the fact whether they have been handed over to the consumer or to third parties, unless agreed upon otherwise in writing.
4. All documents, such as designs, sketches, drawings, films, software, (electronic) files, etc., provided by user, shall be destined to be used by consumer exclusively and must not be reproduced, made public or brought to the notice of third parties by consumer without prior consent from user, unless the nature of the documents provided dictates otherwise.
5. User shall reserve the right to use the knowledge gained due to the execution of the work for other purposes, in so far no confidential information shall be brought to the notice of third parties when doing so.
Article 17 Liability
Article 18 Force Majeure
Article 19 Disputes
1. The Court in user's place of business shall have exclusive jurisdiction to hear actions, unless the District Court is the competent Court. User shall nevertheless be entitled to submit the dispute to the Court deemed competent by the law.
2. Parties shall only refer the matter to the court if they have done their utmost to solve the dispute in mutual consultations.
Article 20 Applicable Law
2. The Dutch version of these general terms and conditions prevails at all time in case of disputes with regard to the interpretation and purpose of these terms and conditions.
3. The most recently filed version shall always apply, or, the case ensuing, the version valid at the time the agreement was concluded.