General terms and conditions of sale and delivery 4UStore B.V.
Applicability
Article 1
1. The following terms and conditions shall apply to all our offers, quotations, agreements, deliveries and services, unless otherwise agreed with the other party, hereinafter referred to as customer.
2. Any terms and conditions of the Purchaser shall not apply unless explicitly accepted by us in writing.
Conclusion of agreements
Article 2.
1. Agreements bind us only after our written confirmation or as soon as we make delivery.
2. Supplements and amendments to the agreement shall be effective insofar as agreed in writing.
Termination of agreement
Article 3
1. We shall be free to demand security for payment from the Customer. If the required
security is not provided, we reserve the right to suspend our deliveries or dissolve the agreement.
dissolve the agreement.
2. Without prejudice to the customer's existing payment obligations, the agreement shall be dissolved without judicial intervention and without any notice of default being required, at the time the customer is declared bankrupt, applies for a provisional suspension of payments or loses the power of disposition of his assets or parts thereof due to attachment, receivership or otherwise. The Purchaser is hereby liable for any damages suffered by us as a result, including transport, storage and insurance costs.
Offers and prices
Article 4
1. Our written offers are without obligation. Written offers shall be valid for a period of thirty days, unless stated otherwise. If the Customer accepts an offer made by us without engagement, we shall nevertheless be entitled to revoke the offer within eight working days after receipt of the acceptance. The prices mentioned in the offer are exclusive of VAT, unless stated otherwise.
2. We reserve intellectual property rights to all information and data provided with our offers.
Shipping
Article 5
1. Shipment of the goods to the Purchaser shall take place at our risk and expense. For a delivery order with an invoice value up to the franc amount, the shipping costs shall be at the customer's expense. The free delivery order limit for the Netherlands is € 150 excluding VAT. For orders with a value between € 80 and € 150 ex. VAT, we charge € 5.70 in shipping costs and for orders with a value of less than € 80 ex. VAT we are obliged to charge € 5.90 in shipping costs. The carriage-paid lower limit for Belgium is €150 ex. VAT. For orders with a value of between €50 and €150 ex. VAT we charge €7.59 in shipping costs and for orders with a value of less than €50 ex. VAT we are obliged to charge €7.79 in shipping costs.
2. The shipment of the goods takes place in the way that seems most convenient to us.
3. If the customer requires a different method of shipment, the additional costs involved shall be borne by the customer.
4. In case of delivery to an address on the Wadden Islands, we reserve the right to charge an extra transport surcharge.
5. Delivery to postal addresses is not possible.
Delivery
Article 6
1. We reserve the right to charge certain costs for an order below a certain invoice value. These may be administration, order handling and/or freight costs.
2. If the goods to be delivered are not collected and/or accepted by the buyer upon first presentation, the goods shall be stored at his expense and risk. We shall then be entitled to charge costs.
3. We reserve the right to deliver the sold goods in parts. In such case, the delivery of any part shall be regarded as an independent whole and the invoice amount for each partial delivery shall be payable separately.
4. We reserve the right to suspend delivery if the credit limit is exceeded and until all due and payable claims have been settled.
Delivery time
Article 7
1. If a delivery time has been agreed, it does not constitute a deadline, unless expressly agreed otherwise.
2. If delivery is not made on time, the Customer must give us written notice of default.
be given, giving reasons.
Observing defects
Article 8
1. The buyer is obliged to check whether the delivered goods correspond to his order or assignment.
2. Immediately upon delivery, the buyer is obliged to check the delivered goods and the packaging for any shortcomings or visible damage.
3. The buyer is obliged to take measures to limit damage resulting from defects in the delivered goods as much as possible. In doing so, the Purchaser shall take account of our interests and follow our instructions to the best of his ability.
Complaints regarding deliveries
Article 9
1. Complaints about deliveries must be reported to us within 24 hours of receipt, giving reasons.
2. Complaints about articles with non-visible defects, the defects of which the customer could reasonably have discovered, must be reported to us within eight days of discovery, giving reasons.
3. Complaints about invoices must be reported to us no later than the due date.
4. After expiry of the periods mentioned in article 9.1 to 3, the customer shall be deemed to have found the goods delivered and/or invoices issued in order.
5. The goods to which the complaints relate must be kept at our disposal.
6. The goods to which the complaint refers can only be replaced after they have been returned to us.
7. If the complaint about the delivery is deemed founded by us, the goods will only be taken back if and insofar as the goods are in the packaging and in the condition in which they were delivered. Products with opened packaging will not be taken back by us.
8. If we consider the complaint well-founded, we reserve the right to repair any defect.
9. If we deem a complaint about a delivery well-founded, the customer is only entitled to credit up to the invoice value of the delivered products or replacement or supplementation of the purchased goods. There is no right to compensation.
10. Complaints do not dissolve the purchase agreement. They shall not entitle the customer to withhold or suspend payment, not even in the event that we have reasonably accepted the complaint and credit, replacement, supplement or delivery will take place.
11. Complaints can never, not even when reported in time, give cause to suspend payment for previous deliveries or deliveries yet to take place or to cancel the agreement.
Return shipments
Article 10
1. Apart from the cases stipulated in article 9, we are not obliged to take back goods delivered to the customer. Return shipments, which have been made in violation of the above, shall be held in deposit by us at the expense and risk of the customer.
2. Return shipments - after unfounded complaints have been found - are at the expense and risk of the buyer, unless explicitly agreed otherwise.
3. Costs of the return shipment are always at your own expense, if a product is damaged or wrongly delivered, please contact our customer service first. If the customer decides to return it anyway at his own expense, we will not reimburse this.
Payments
Article 11
1. Payments shall be made exclusively in Euros
2. All invoice amounts are to be transferred to a bank specified by us at the bottom of the invoice.
3. All invoice amounts must be paid net in cash, within 14 days of the invoice date, unless otherwise agreed in writing.
4. If payment is not made within the period of 14 days after the invoice date, or a portion is not paid, we are entitled to charge interest on the amount due. This will be equal to the legal standard and adjusted to the legal increases.
5. In case of late payment within the term of thirty days after the invoice date, we are entitled to charge administration costs per reminder sent.
6. We reserve the right at or after entering into the agreement, before performing, to require the customer to pay the amount due for the goods to be delivered in advance.
7. If the customer fails to fulfil one or more of his obligations arising from the agreement, all extrajudicial collection costs to be incurred by us shall be borne by the customer. In that case, we shall charge the Customer the costs in accordance with the collection rate applied by the Netherlands Bar Association.
8. If we are forced to take legal action, we are entitled to recover the associated legal costs, increased by reasonable costs for legal assistance, from the customer.
9. If we are forced to file for the customer's bankruptcy, the customer shall owe all costs for filing for bankruptcy.
10. In case of suspension of payment, bankruptcy, liquidation or insolvency of the customer, any claim by us on the customer shall be immediately and fully due and payable.
11. All that is paid by the customer shall always serve to settle all interest and costs due and subsequently those claims that have been outstanding the longest. This also applies if the customer states that the payment relates to a more recent invoice.
12. Costs for PayPal refunds will not be reimbursed if the customer himself chooses to cancel the order.
Retention of title
Article 12
1. As long as the invoice amount and any interest and additional collection costs relating to the delivered goods have not been paid in full, the goods shall remain our property and we shall be entitled to remove them or have them removed from the customer's premises. The customer undertakes to cooperate fully in this respect.
2. The customer undertakes to cooperate with all reasonable measures which we wish to take to protect our right of ownership and which do not unreasonably interfere with the customer's normal business operations.
3. In case of resale of goods not (yet) paid for, the customer is obliged to cooperate with assignment.
Liability
Article 13.
1. Our liability is limited to the net invoice amount. The limitation covers both the defects of the delivered product itself and consequential damage, trading loss and all other forms of damage.
2. The limitations of liability do not apply insofar as the damage is the result of intent or gross negligence on our part proven by the customer.
3. Our liability regarding the delivery shall lapse if the customer has not lodged a complaint within the set periods.
4. Our liability shall also lapse if the customer has not acted in accordance with the instructions and instructions for use, as stated by us on the delivered goods, or if the goods have been repacked or are in a condition other than the condition in which they were delivered.
5. If the Purchaser is a consumer, the legal provisions of Title 3 of Book 6 of the Civil Code (Product Liability) shall apply to liability.
Force majeure
Article 14
1. Circumstances beyond our will and control of such a nature that compliance with the agreement
cannot reasonably be required of us, count for us as force majeure and give us the right to suspend or cancel the agreement and/or to delay deliveries, without being obliged to pay any compensation.
2. Force majeure also includes: strikes in companies other than our company, wildcat strikes or political strikes in our company, a lack of necessary raw materials and other items or services required to achieve the agreed performance, as well as unforeseeable stagnation at suppliers or third parties on which we depend and general transport problems.
Trademarks and trade name
Article 15
1. The Purchaser may not, except with our written permission and on our instructions, use our trade names, brands and packaging used by us in trade.
2. The Purchaser is obliged to carefully follow our instructions regarding the use of the trade names, brands and packaging used by us.
3. All rights resulting from intellectual and industrial property remain with us.
Applicable law
Article 16
1. All agreements entered under these terms and conditions and any disputes arising therefrom shall be governed by Dutch law. These general terms and conditions have been filed with the Chamber of Commerce in Terneuzen under the number 57212368.