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Article 1. Relevance
In case of delivery of goods by Goods & Gifts Gifts, registered office in Utrecht, hereinafter Goods & Gifts, will, unless explicitly agreed otherwise, the following conditions. Depart from these terms and conditions or stipulations to which party in any way refer, in any correspondence or in other contexts mentioned or general marketing thrust usual, be eliminated by these terms.
Article 2. Conclusion
• Making an offer by Goods & Gifts is free and connects her to deliver the goods. If the offer otherwise specified, it no longer than thirty days. Offers from stock hence are subject to prior sale.
• The agreement was first established, as Goods & Gifts has confirmed the order in writing to the other party, or an application made to the actual implementation, within four weeks after placing the order. Similarly, agreements entered into by commercial agents, commercial travelers and / or other intermediaries bind Goods & Gifts after these agreements by Goods & Gifts are confirmed in writing, or in fact has begun with the implementation.
• Any later additions and / or amendments or (verbal) commitments made by Goods & Gifts and / or its employees, representatives, agents or other intermediaries are only binding if Goods & Gifts has confirmed in writing by an authorized person, or if Goods & Gifts with the actual implementation has begun. The applicability of the provisions of Article 3:61, paragraph 2 and 3 of the Civil Code is explicitly rejected.
Article 3. Delivery and delivery time
• The oral or written statement of any delivery time is always approximate and is deemed never fatal.
• Unless otherwise agreed in writing, delivery ex warehouse. Transport is always the risk and expense of the other party, unless approved by or on behalf of Goods & Gifts takes place.
• Goods & Gifts is entitled to partial deliveries, to take place. In that case the other party is held in accordance with the provisions of Article 13 and 14, the relevant invoice as if it were a separate transaction.
Article 4. Accountability
At the first demand of Goods & Gifts is party commits to Goods & Gifts to notify the correct VAT identification number and the name under which other party to the taxing authorities registered.
Article 5. Price
• Unless otherwise stated, prices are based on when the offer or order date current level of purchase prices, salaries, wages, social and government charges, freight, insurance premiums and other costs.
• In case of increase of one or more cost factors Goods & Gifts entitled the order prices accordingly to increase one and in compliance with relevant statutory requirements, provided however, that known future price increases at the conclusion of the agreement must be specified.
Article 6. Certainty
Goods & Gifts is already authorized before delivery or the delivery or performance of the contract to proceed otherwise, in their judgment sufficient security to fulfill payment obligations of the other party to recover.
Article 7. Retention
• Delivered products remain the exclusive property of Goods & Gifts to the moment when all our claims on the principal fully discharged. Until then the other party is obliged products separately from other goods and clearly identified as proprietary to us to preserve.
• The retention of the right of other party within the normal course of business products to its customers to sell unaffected, while Goods & Gifts has not exercised its right these rights of the other party to terminate for failure to fulfill any obligation to Goods & Gifts.
Article 8a. Advertisement
• Any claims will be considered if within eight days after delivery by writing directly Goods & Gifts have been received, subject to forfeiture of any right to do so. For hidden faults reclamation within the warranty period should take place.
• If signs are recognized as valid, at the discretion of Goods & Gifts, it can either repair the defect or the net invoice amount.
• Complaints about invoices must also be submitted in writing and within eight days after the date of the invoices.
• With the passage of the above limits shall be deemed the party delivered, respectively, have approved the invoices, then complaints are no longer by Goods & Gifts be considered.
• If the other party delivered and provided in particular textiles, processed by means of textile printing or embroidery, the party considered it, or the invoices having been inspected and approved. Complaints are no longer Goods & Gifts be considered.
• The filing of complaint dismisses other party of its obligations under the agreement with Goods & Gifts over the latter.
Item 8b. Advertising printing
• PMS colors are optimal values on white paper. Slight deviations in color on white backgrounds are not reasons for rejection of the goods. On colored backgrounds, silver surfaces and transparent surfaces can order the desired PMS color to approach needed to double again or the whole text (if possible) in white under lay. Additional costs will as well as the cost of any proofs, after prior consultation, will be charged. Minor variations in print color remain here no reason for rejection.
• Since the surfaces to be printed is not always completely right or flat, especially when there may be minor imperfections in solids prints pressures arise, which are not cause for rejection.
• When (in flexoprint) printing films (such as lollipops, candy, flow packs, etc.) there may be variations in printing colors, brightness, and application that arise due to use techniques not be avoided and therefore no reason for his rejection. There may also be in the winding of lollipops and candy created minor damage which must be accepted.
• Applying stickers is basically handwork. Slight deviations in position and finishing are therefore no grounds for rejection.
• The various goods when printing in and unpacked, moved in and out malllen etc. Slight damage (such as small scratches) in which these acts occur, do not indicate defective or used goods and are therefore no grounds for rejection.
• We reserve the right to 10% more or less to deliver.
Article 9. Warranty
• Unless expressly agreed in writing, providing the Goods & Gifts delivered no guarantee.
• In the event warranty by Goods & Gifts is provided, this shall not apply if goods to which the guarantee relates, not their intended purpose or improper or used, methods of use have not been taken, incorrect repairs are made, changes have been made Be it plombes numbers or maimed or removed.
• If warranty is provided by Goods & Gifts, the warranty expires, unless explicitly agreed otherwise, the number of months during which possibly the manufacturer's warranty provided, however, never more than six months.
• Under the warranty provided by us in respect of property situated outside the Netherlands, we can only be held liable for the costs of repair or replacement up to the amount that these costs would have amounted to implementation in the Netherlands.
Article 10. Liability
• No late or defective performance and failure or malfunction of the delivered goods, gives no right to compensation and / or termination, provided there is beyond the control of Goods & Gifts. In particular, this case in the event of improper use of the product, at the discretion of Goods & Gifts, and if suppliers of Goods & Gifts the production of the supply business slow down, stop or modify it. In the latter case, Goods & Gifts entitled to delivery if it deems that the changes only minor deviations from the original aangebodene content.
• For consequential loss, business interruption, delay damages, lost profits or any (other) indirect damage from any cause whatsoever and by whomsoever suffered, Goods & Gifts is not liable.
Article 11. Force Majeure
• Goods & Gifts is not liable to the other party for damage they may suffer as some of its performance is prevented, hindered, delayed, or no more economic basis for its practical, due to circumstances in which and the consequences which its management's control, whether those circumstances are or could be provided when order was accepted.
• In the event of temporary force majeure Goods & Gifts has a right to her choice to change the period of delivery or to cancel the agreement without being obliged to pay compensation.
Article 12. Dissolution
• In cases that other party: In a state of bankruptcy, insolvency, goes to a request for suspension of payment or attachment to the whole or a portion of its assets are seized;
- Dies or is placed under guardianship;
- Only by force of law or these conditions its obligation fails;
- Fails to pay an invoice or a portion thereof within the specified period;
- Goes on strike or transfer of its business or a substantial portion thereof, including the transfer of its business in a prospective or existing company, or proceed to amend the objective of her company, Goods & Gifts by place intervention of one of the above conditions before payment, the right to contract by written notice, without prejudice to the rights to reimbursement for costs, damages and interests.
Article 13. Right to Suspend
If and as long as other party does not properly or timely fulfill any obligation arising out of her with Goods & Gifts agreement or a related agreement arises, has Goods & Gifts the right to fulfill its obligations under these agreements to suspend .
Article 14. Payments
• Orders below an order value of 100 euros plus tax and shipping should always be paid in advance, before delivery takes place, by deposit or transfer to a Goods & Gifts designated bank account, without discount or compensation. For late payment, the payment deadline by Goods & Gifts is indicated on the invoice, the delivery of ordered goods may be suspended. Goods & Gifts is no liability in any capacity whatsoever, therefore if the goods ordered by the customer at a later date be delivered as desired or fatal liver date of the customer.
• New customers pay an initial order always in advance, before delivery takes place, by deposit or transfer to a Goods & Gifts designated bank account, without discount or compensation. For late payment, the payment deadline by Goods & Gifts is indicated on the invoice, the delivery of ordered goods may be suspended. Goods & Gifts is no liability in any capacity whatsoever, therefore if the goods ordered by the customer at a later date be delivered as desired or fatal liver date of the customer.
• Unless otherwise agreed, payment shall, at the discretion of Goods & Gifts, or net cash on delivery or by deposit or transfer to a Goods & Gifts designated bank account within fourteen days after date of invoice, without discount or compensation.
• Each party seeks payment of primarily used to pay the amounts due and interest of the Goods & Gifts collection costs incurred and / or administration, and is then deducted from the oldest outstanding debt.
• If payment by letter of credit is agreed party bears all associated costs.
• Claims or complaints regarding any performance on our part, are never a valid reason for our party payments to be suspended.
Article 15. Interest and costs
• If payment is not made in Article 14 term stated, the other party is legally in default and Goods & Gifts right from the time rate of 2% a month (or portion thereof) to be calculated on the outstanding amount.
• All legal and extrajudicial costs shall be borne by the other party. The extrajudicial costs are at least 15%, overseas 20%, of the party owed with a minimum of Euro 150, -.
Article 16. Disclaimer
Party Goods & Gifts should be harmless for any liability on Goods & Gifts to third parties could rest with respect to the Goods & Gifts delivered.
Article 17. Advice
Goods & Gifts accepts no responsibility for its advice, it solicited or unsolicited.
Article 18. Pledge and lien
• All goods Goods & Gifts, from whatever cause, has or will be for her a pledge as security all claims which they or other party in the future will obtain.
• When the goods referred to in paragraph 1 of this article in its power or put to it handed comes Goods & Gifts has a lien on these goods to security for all claims which they other party may have or may in the future will obtain .
Article 19. Cancellation
If a Goods & Gifts assignment accepted by the other party is canceled, Goods & Gifts entitled, provided that the cancellation by it is accepted, a liquidated damages to charge 30% of the invoice amount, plus any costs incurred by suppliers to Goods & Gifts will be charged.
Article 20. Applicable law and disputes
• The Dutch law is exclusively applicable.
• All disputes arising from the agreement between the parties and not the competence of the Sub in the first instance exclusively by the competent court in the district of Breda.
• The provision of paragraph 2 shall not affect the right Goods & Gifts to submit the dispute to the normal competency rules according to the court, or to obtain a settlement by arbitration or binding advice.