Terms and Conditions Nostalgia-Cycle
*) this is a google translation.
Chamber of Commerce: 126.96.36.199
The one-man business Nostalgia-Cycle, established in Beek, the Netherlands
Article 1. Applicability
- These terms and conditions apply to all our offers and all agreements entered into by us, whatever their name may be. In particular, these conditions also apply to agreements entered into by us for the delivery of goods to our buyers.
- Where reference is made to "buyer" in these general terms and conditions, this shall be understood to mean any natural or legal person who, in a contractual relationship with us, wishes to enter into a purchase agreement concluded with us, or wishes to enter into a different type of agreement. In particular, "buyer" also means the person whose order and on whose behalf goods are delivered.
- The provisions of these general terms and conditions can only and only be deviated from if and insofar as this has been explicitly agreed in writing.
- If the buyer also refers to (his) general terms and conditions, the terms and conditions of the buyer do not apply. This is only different if and insofar as the applicability of the buyer's terms and conditions do not conflict with our general terms and conditions, then only the provisions in our terms and conditions apply. Any provision to the contrary in the terms and conditions of the buyer does not affect the foregoing.
- Where these terms and conditions refer to "delivery (of goods)", this also includes the provision of services and activities of any kind.
Article 2. Offers
- All our offers must be considered as invitations to the potential buyer to make an offer. They therefore do not bind us in any way, unless the contrary is explicitly and unambiguously specified in writing in the quotation itself. The order given to us counts as an offer, which is only deemed to have been accepted by us after written confirmation from us (the so-called order confirmation).
- Among the offers made by us are, in particular with regard to the provisions of the previous paragraph -: designs, drawings, models, samples, descriptions, images and the like, as well as any attachments and documents relating to our offers to have. All this, as well as tools made by us in this connection, remains our property, must be returned to us at our request and may not be copied and / or given to third parties without our express written permission. We also reserve all existing intellectual and industrial property rights, if any.
- If the order to which our offer relates has not been placed with us within 3 months of the day on which we made our offer, we may include the costs associated with making our offer, including the costs of making the tools referred to in the previous paragraph, charged to the buyer.
Article 3. Realization agreement
- An agreement with us is only concluded when we have accepted an order given to us in writing. An agreement is deemed to have been concluded at the time when we send the order confirmation.
- The buyer is bound to his order, in whatever form it is given to us, for a period of 8 days after the date of the order or (if it concerns an oral order) after giving the order. A statement from the buyer that he wishes to cancel or change his order issued during this 8-day period, can therefore not prevent an agreement based on the (original) order from being concluded if we still accept / confirm the order within this 8-day period.
- The order confirmation sent by us to the buyer is deemed to fully and accurately reflect the content of the agreement concluded. The buyer is deemed to agree with the content of our order confirmation, unless he informs us in writing within 8 days of the date of our order confirmation that he cannot agree with the content.
- Any additional agreements and / or commitments made and / or made by our employees, or made on behalf of us and / or made by other persons acting as representatives, only bind us if these agreements and / or commitments are authorized by our representative. driver (s) are confirmed in writing.
Article 4. Prices
- Our prices include sales tax and unless explicitly agreed otherwise in writing, excluding packaging, costs for transport and other costs.
- The prices stated in quotations, contracts and order confirmations are based on the cost factors applicable at the time the agreement was concluded, such as exchange rates, manufacturer prices, raw material and material prices, wage and transport costs, insurance premiums, taxes, import duties and other levies of governmental.
- We reserve the right, if after the date on which the agreement was concluded, but before the day of delivery, increases occur in one or more of the cost factors, these increases are charged to the buyer. Furthermore, in such a case, we have the right to declare the agreement wholly or partially dissolved without legal intervention being required. The latter right also comes to the buyer, but only if we take the position within 3 months after concluding the agreement that changes in costs result in an increase in the price stated in the order confirmation. If the buyer exercises this right, he must invoke the cancellation by registered letter within 5 days of receiving the relevant notification from us.
Article 5. Delivery and delivery times
- The delivery times specified by us start on the day the agreement was concluded, provided that we have all the information we need for the execution of the order. The delivery times specified by us will never be regarded as a deadline, unless expressly agreed otherwise in the individual agreement.
In the event of late delivery, we must therefore be given written notice of default.
In the event of a deviation of the above - a penalty for exceeding the delivery time has been explicitly agreed in the individual agreement, this is not due if the delivery time is exceeded as a result of the force majeure mentioned in Article 10 of these general terms and conditions.
- Unless the contrary is apparent from the order confirmation, the delivery of goods takes place, with the exception of overseas shipments free at home if the invoice amount exceeds € 500, in other words: five hundred euros. For the rest, the goods travel at the expense and risk of the buyers. We deliver foreign buyers ex warehouse, unless otherwise agreed. Furthermore, the goods travel for the account and risk of the buyers. Customs clearance is handled by us, but is at the expense of the buyer.
- Unless buyers take care of the forwarder themselves, the goods will be sent by us in the manner that we believe is favorable with the shipping agents we choose for the account and risk of the buyer.
- If a buyer requests delivery of goods in a different way than usual, we can charge the buyer for the costs involved.
- If the delivery takes place in parts, we have the right to regard each delivery as a separate transaction.
- The buyer is obliged to take delivery of the purchased within the agreed time.
In the absence of this, we are entitled to claim - at our discretion - on the basis of the provisions of Section 6:60 of the Dutch Civil Code that the competent court will release us from our obligation to deliver the agreed goods, or to demand payment of the purchase price of the part that has not been taken without prior notice of default. If the buyer does not meet his payment obligation, we are entitled to the agreement without declare legal intervention dissolved. If the buyer fails in accordance with the above, the goods will be deemed to have been delivered and we will store the goods at the expense and risk of the buyer, against payment of all resulting costs.
Article 6. Advertising by the buyer
- The buyer is responsible for the accuracy and completeness of and is responsible for the information he has provided to us. , data, measurements, color fastness and such provided by us, take into account the usual clearances and minor changes in the goods supplied by us. More specifically, this applies to deviations from the contracted quantity; Here too, the buyer must take into account customary clearances.
The goods supplied by us may therefore deviate from the description in the order if and insofar as it concerns small dimensional differences, quantity differences and minor changes.
- Complaints from the buyer that relate to defects in goods that are noticeably visible must be submitted by the buyer to the buyer within 8 days after delivery or within 8 days after the invoice date, if the goods could not be delivered to the buyer brought to our attention. This must be done by registered letter with a clear and precise description of the complaint and stating the invoice, with which the relevant items have been invoiced. The buyer must perform a careful and timely inspection.
- Defects that were not perceptible at the time of the delivery, or could prove to be due to a careful and timely inspection, must be notified by the buyer to us in the manner within 8 days after these defects have come to light. as stated in paragraph 2.
- Any right of claim of the buyer vis-à-vis us with regard to defects in the goods supplied by us, shall lapse if: a. the defects are not specified within paragraphs 2 and 3 above and / or not in the manner indicated therein have been notified to us; b. the buyer does not provide us with sufficient cooperation with regard to an investigation into the merits of the complaints; c. the buyer has not properly prepared, treated, used, stored or maintained the goods or has used or treated the goods under circumstances or for purposes other than those provided by us; d. The application of the use of the goods with regard to which the complaints have been made by the buyer will be continued;
e. the guarantee period referred to in the individual agreement has expired or, if such a period is missing, the complaints are only expressed after a period of more than 12 months has elapsed since the delivery time.
- In disputes concerning the quality of the goods delivered by us, a reputable agency known by us will make a binding decision.
Article 7. Liability
- Only if the warranty obligations with regard to the goods delivered by us have not been taken on by third parties (such as manufacturers), the buyer can assert claims against us against (warranty) claims.
Our liability is limited in that case to defects that are a result of manufacturing and material defects.
- In the case of a complaint, if the justification for the complaint, the quality is determined by us and we also have liability as referred to in paragraph 1, we are only obliged to make such a choice at our discretion: a. (free of charge) repair of defects;
b. delivery of replacement items and / or parts, after receipt of the defective items or parts; c. repayment of the purchase price / crediting of the invoice sent to the buyer with dissolution without judicial intervention of the agreement concluded, all insofar as the purchase price, the invoice and the agreement relate to the defective items delivered; d. a compensation to be paid in consultation with the buyer in a form other than that referred to above.
- If the buyer has carried out repairs and / or changes to the goods without prior, explicit and written permission, any guarantee obligation on our part will lapse.
- Without prejudice to any of our obligations under the above, we are never obliged to pay any compensation to the buyer and others, unless there is intent or fault on our part (by those who hold us liable with the means legally to to show). continues to purchase the purchased within the agreed time. In particular, we are also never liable for consequential or commercial damage, direct or indirect damage, whatever its name including loss of profit and standstill damage - suffered by the client, his subordinates and caused by or employed by him or third parties, caused by full or partial (re) deliveries of goods, delayed or defective delivery, or the absence of delivery of goods or by the goods themselves.
- The buyer is not entitled to return the goods for which there is no motivated complaint. If this is done without valid reasons, then all costs associated with return are borne by the buyer. In that case we are free to store the goods under third parties for the account and risk of the buyer.
- The buyer is obliged to indemnify us against all claims that third parties might enforce against us with regard to the performance of the agreement, insofar as the law does not prevent the damage and costs arising from these claims from being borne by us. the buyer.
Article 8. Retention of title and security
- Goods supplied by us remain our property until the moment of full payment of all that the buyer owes us by virtue of, in connection with or arising from the goods delivered by us. If we consider this necessary, we have the right to demand security from the buyer with regard to compliance with his obligations.
- The buyer does not have the right to pledge the unpaid goods on it to establish possessionless lien or to establish any other business or personal right on behalf of a third party on it.
- Without prejudice to the aforementioned provisions in this article, the buyer is permitted to sell the goods to third parties, but only in the context of his normal business operations. In that case, the buyer is obliged to transfer the funds obtained to us without delay or, if no cash payment has been made, to transfer the receivables obtained to us without delay.
- If as a result of working or processing by the buyer our ownership rights to the goods supplied by us have been lost, the buyer is obliged to immediately establish a possession-free lien on behalf of us on the goods arising after the working or processing .
- We are entitled at all times to take possession of the goods that are under the buyer (or third parties), but which belong to us, as soon as we can reasonably assume that there is a real chance that the buyer will not be satisfied obligations. The foregoing is without prejudice to the rights that we derive from ordinary law: in particular, we also retain the right to hold the buyer liable for compensation after taking the goods under us.
- The buyer is obliged to insure the risk of fire and theft with regard to the unpaid goods and to prove this insurance at our request.
Article 9. Payment
- Payment must be made in Euros, unless otherwise agreed, without any cash deduction or discount at the place where we are established or by transfer to a bank account designated by us, in both cases immediately after the delivery of the items concerned, at least at the latest within 14 days after the invoice date, all this unless expressly agreed otherwise in writing. When paying by bank, the day of crediting our bank counts as the day of payment.
- If the buyer does not make (full) payment on time, he will be in default without further notice of default being required. In that case, we have the right, if there is sufficient coherence with the failure of the buyer, to suspend the fulfillment of all our obligations towards the buyer, without prejudice to all our rights arising from common law.
- We are also entitled to demand cash payment for all deliveries to be made before delivery of the goods or guarantee for timely payment. Furthermore, we are then entitled to terminate the agreement without judicial intervention, whereby the buyer then has the obligation to return the delivered goods, or the obligation to otherwise undo the performance performed by us, without prejudice to our right to compensation. If the buyer fails to pay on time, he forfeits to us, or the seller's credit insurer, without further notice from us being required, from the due date until the day of full payment an interest equal to the legal interest, calculated on the unpaid amount, which interest is immediately due and payable without further notice of default.
All costs involved in the collection of invoiced amounts (including the extrajudicial collection costs) will be borne by the debtor. In addition, all adverse consequences of exchange rate loss or otherwise resulting from late payment or non-payment arising for the account of the buyer, even if the buyer would have fulfilled his payment obligations in time in accordance with the provisions in his country, but circumstances or measures beyond his control are the transfer have taken place in a way that is disadvantageous to us.
- Payments are in accordance with Section 6:44 of the Dutch Civil Code first deducted from the costs referred to in paragraph 3, then deducted from the interest due and finally deducted from the principal and accrued interest.
- If a significant deterioration occurs in the buyer's financial position after the conclusion of the agreement, but prior to the delivery of the goods, we are entitled to fully or partially refrain from further implementation of the agreement or a change to claim payment terms.
- If the buyer is a consumer, collection costs will be charged in accordance with the Decree Reimbursement for Extrajudicial Collection Costs, as stated in paragraph 4 of Article 6:96 of the Dutch Civil Code. It is stipulated here that the case relates to a contractual obligation to pay a sum of money, or that compensation exists for payment of damage arising from a settlement agreement or that it is a commitment to pay a sum of money that has been converted in a commitment for replacement compensation within the meaning of Article 6:87 of the Dutch Civil Code. If the buyer is not liable for VAT, the increase in collection costs with VAT will automatically apply.
The applicable rates for collection costs are:
- Minimum rate € 40.00
- 15% over the first € 2,500.00
- 10% over the following € 2,500.00
- 5% over the next € 5,000.00
- 1% over the next € 190,000.00
- 0.5% over the excess of the principal with a maximum of € 6,775.00.
If the buyer is a legal person, or a natural person acting in the exercise of a profession or business, a claim is made for extrajudicial collection costs of 15% of the principal sum owed, with a minimum of € 75.00.
Article 10. Force majeure
Force majeure is understood to mean any circumstance beyond our control that is such that compliance with the agreement cannot reasonably be expected of us (non-attributable shortcomings in the performance). Force majeure also includes: war, riots and hostilities of any kind, blockade, boycott, natural disasters, epidemics, lack of resources, prevention and interruption of transport options, disruptions in our company, import and export restrictions or prohibitions, obstacles caused by measures, laws or decisions of international, national and regional (government) bodies. If due to force majeure we cannot, not properly or not timely fulfill our obligation to deliver, we are entitled to regard the agreement or the part not yet executed as dissolved, or to suspend it for a fixed or indefinite period of time, at our discretion. In the event of force majeure, the buyer cannot claim us for compensation.
Article 11. Applicable law
Only Dutch law applies to the quotations made by us and to all agreements entered into by us.
Article 12. Dispute settlement
All disputes of whatever nature related to / arising from agreements entered into by us and deliveries made by us will be settled by the competent court in the Netherlands.