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GENERAL TERMS OF DELIVERY OF:
The private company with limited liability Holland Snap Frame B.V., having its registered office and holding offices in (3871 MV) Hoevelaken at De Wel 12a. Hereafter: “Holland Snap Frame”.
Article 1 Definitions
In these General Terms of Delivery, the following words will have the following meanings:
Buyer:the buyer of the products offered by HOLLAND SNAP FRAME;
Agreement: an agreement between HOLLAND SNAP FRAME and a Buyer, pursuant to which HOLLAND SNAP FRAME delivers a product to be specified in this agreement.
Article 2 Applicability
1. These terms apply to every offer and every (follow-up) agreement between HOLLAND SNAP FRAME and a Buyer to whom HOLLAND SNAP FRAME has declared these general terms applicable, insofar as the parties do not explicitly deviate from these general terms in writing.
2. HOLLAND SNAP FRAME reserves the right to amend or add to these general terms.
3. The Buyer’s general terms do not apply, unless HOLLAND SNAP FRAME explicitly agrees to them in writing.
Article 3 Prices and Offers
1. The products offered by HOLLAND SNAP FRAME are sold at the prices listed on the HOLLAND SNAP FRAME website: www.hollandsnapframe.com *.
2. Samples provided, or models shown on the website, only serve as indications; the products delivered do not have to meet this standard.
3. The offers made by HOLLAND SNAP FRAME are free from obligation and are valid for a thirty-day period, unless indicated otherwise. HOLLAND SNAP FRAME is only bound by an offer if the Buyer confirms acceptance in writing thereof within thirty days.
4. The prices stated by HOLLAND SNAP FRAME are always exclusive of VAT, unless explicitly indicated otherwise.
5. For orders of below EUR 35.-- HOLLAND SNAP FRAME will charge the Buyer EUR 7.50 administration costs.
6. HOLLAND SNAP FRAME reserves the right to change its prices in the interim because of (for example) changed exchange rates at the London Metal Exchange.
Article 4 Payment
1. Unless agreed otherwise, the Buyer settles the purchased products in EUR by granting a single direct debit mandate or by a cash payment (cash on delivery). For payments made by means of a single direct debit mandate, the total sum due will be debited in one instance.
2. If the parties, in deviation of paragraph 1, agree that payment will take place by means of a giro transfer, this payment must always be made to the account number stated on the invoice in question.
3. If an order is EUR 5,000 or higher, the Buyer must make a down payment of 25% of the total purchase price. Delivery of the products in question will not take place until HOLLAND SNAP FRAME has received the aforementioned down payment.
4. If payment does not take place correctly or in good time, the Buyer will be in default by operation of law and will immediately owe a default interest that equals the current statutory commercial interest. HOLLAND SNAP FRAME reserves the right to offer outstanding claims for collection or to assign them to third parties.
5. All (extra) judicial costs relating to the collection of outstanding invoices, which amount to at least 15% of the sum to be collected, will be at the expense of the Buyer.
Article 5 Retention of Title
1. The products delivered to the Buyer will remain the property of HOLLAND SNAP FRAME, until the sums due by the Buyer have been fully settled.
2. If HOLLAND SNAP FRAME reclaims the products, on which its retention of title rests, as its own property, HOLLAND SNAP FRAME’s claim on the Buyer regarding these products will be reduced by the re-claimed products’ market value at the moment of reclamation. The market value will be at least equal to the purchase price that was achieved by the private or public sale of the re-claimed goods at the moment of reclamation.
3. The Buyer will receive a credit note, which he/she can set off against HOLLAND SNAP FRAME’s outstanding claim on them.
4. HOLLAND SNAP FRAME is authorised to re-claim as many products from the Buyer as necessary until its claim, including interest and costs, as referred to in Article 4 of these terms, has been settled.
Article 6 Ordering and Delivery
- Placing orders occurs exclusively by e-mail and/or the Internet.
- For orders made on the Internet, the agreement between HOLLAND SNAP FRAME and the Buyer is concluded at the moment that:
a. an order is placed using the fully and correctly completed order form on the website: www.hollandsnapframe.com *;
b. the Buyer has pressed the ‘send’ button on: www.hollandsnapframe.com *;
c. the Buyer has received a confirmation email from HOLLAND SNAP FRAME at his or her email address stating that HOLLAND SNAP FRAME has received the order (the "Order Confirmation").
- If it cannot be reasonably required that HOLLAND SNAP FRAME fulfil the Agreement with the Buyer, then the Order Confirmation will not be sent.
- The accounts of HOLLAND SNAP FRAME will, except for proof to the contrary, serve as evidence for the orders placed and payments made by the Buyer to HOLLAND SNAP FRAME and for the deliveries made by HOLLAND SNAP FRAME.
HOLLAND SNAP FRAME acknowledges that electronic communication can serve as evidence. The Buyer also acknowledges this by accepting these terms.
Article 7 Goods Returned
1. The Buyer can return goods purchased from HOLLAND SNAP FRAME within five working days after they have been delivered. The products can only be returned in their original packaging and on submission of the original invoice and the returns form, which can be downloaded from the website: www.hollandsnapframe.com *. Return shipments that do not meet the above-mentioned terms, or the terms mentioned on the website, will not be accepted by HOLLAND SNAP FRAME.
2. The Buyer will be refunded 90% of the full purchase price for the products returned by him or her. The other 10% will accrue to HOLLAND SNAP FRAME for administration and warehouse costs.
3. Damaged products cannot be returned.
Article 8 Exchanges
1. To make an exchange, the Buyer can send the product in question to HOLLAND SNAP FRAME within five working days of its delivery. When doing so, the Buyer must follow the procedure as set out under Article 7, paragraph 1, of these General Terms.
2. HOLLAND SNAP FRAME will send the required product to the Buyer with an exchange bill enclosed.
3. The Buyer, when making an exchange, will be charged administration and warehouse costs that will amount to 10% of the total purchase price.
4. In case of an additional payment or repayment from/to the Buyer, the exchange bill will state “to be paid” or “to be refunded”.
Article 9 Warranty
1. With regard to the products delivered by HOLLAND SNAP FRAME, the warranty given by the manufacturer of the product in question will apply exclusively and/or the warranty as stated in the catalogue or on the website, up to a maximum period of six months. Warranty regarding light sources is excluded.
2. In case of a complaint regarding a product, the Buyer must first contact HOLLAND SNAP FRAME by telephone. If necessary, the Buyer will be asked to return the product in question, accompanied by a returns form describing the complaint as accurately as possible.
3. If HOLLAND SNAP FRAME considers the complaint to be justified, a replacement product will be sent to the Buyer. In that case, the shipping costs will be at the expense of HOLLAND SNAP FRAME.
4. If HOLLAND SNAP FRAME does not consider the complaint to be justified, the product in question will be returned to the Buyer, stating reasons. In that case, the shipping costs incurred by the Buyer will not be reimbursed. The shipping costs incurred by HOLLAND SNAP FRAME will remain at its own expense
Article 10 Liability
1. HOLLAND SNAP FRAME is not obliged to pay any damages to the Buyer, other than in cases of intentional acts or omission and/or gross negligence.
2. HOLLAND SNAP FRAME will never be liable for indirect and/or consequential damage.
3. If HOLLAND SNAP FRAME is obliged to pay any damages, these damages will not exceed the price of the product in question which caused the damage.
4. Possible transport damage will only be eligible for compensation by HOLLAND SNAP FRAME if this damage has been stated on the consignment note and has been reported by the Buyer on the website: www.Holland Snap Frame.nl.
Article 11 Force Majeure
1. In these general terms, force majeure will be understood to mean (as well as that which force majeure is understood to mean in law and in legal precedents), all external causes, predictable or not, upon which HOLLAND SNAP FRAME cannot exert any influence and which prevent HOLLAND SNAP FRAME from fulfilling its obligations.
2. HOLLAND SNAP FRAME will also be authorised to invoke force majeure if the circumstance that prevents (further) fulfilment occurs after HOLLAND SNAP FRAME should have fulfilled its obligation(s).
3. During the force majeure, the obligations of HOLLAND SNAP FRAME will be suspended. If the period during which HOLLAND SNAP FRAME is unable to fulfil its obligations because of a force majeure lasts longer than two months, either party is authorised to dissolve the agreement without any obligation to pay damages.
4. If HOLLAND SNAP FRAME - upon commencement of the force majeure - has already fulfilled its obligations partially, or can only fulfil its obligations partially, HOLLAND SNAP FRAME is authorised to separately invoice that which can, or has already been fulfilled, and the Buyer will be obliged to settle this invoice as if it were a separate agreement.
Article 12 Intellectual Property
1. HOLLAND SNAP FRAME and its suppliers explicitly reserve all rights and powers that accrue to them in the field of intellectual property rights regarding the products offered and/or sold by HOLLAND SNAP FRAME.
Article 13 Applicable Law and Competent Court
1. Every agreement between HOLLAND SNAP FRAME and the Buyer is governed by the law of the Netherlands.
2. All disputes arising from the legal relationship between HOLLAND SNAP FRAME and the Buyer can be brought exclusively before the Dutch court in the Utrecht District.
These General Terms of Delivery have been filed at the offices of the Chamber of Commerce Gooi- en Eemland in Amersfoort.
* Or: www.hollandsnapframe.de, www.hollandsnapframe.es, www.hollandsnapframe.fr, www.hollandsnapframe.co.uk, www.hollandsnapframe.nl.