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Terms of service

Terms and Conditions Online Sales (B2C)
 

 

Article 1: Definitions

  1. Reeva VOF, established in The Hague, KVK number 75972611, is referred to as seller in these general terms and conditions.
  2. The other party from the seller is referred to as buyer in these general terms and conditions.
  3. Parties are seller and buyer together.
  4. The agreement is meant by the agreement between parties.


Article 2: Applicability of general conditions

  1. These conditions apply to all tenders, offers, agreements and deliveries of services or goods by or on behalf of the seller.
  2. Deviation from these conditions can only be agreed by the parties expressly in writing.


Article 3: Payment

  1. The full purchase price is always immediately paid to the store. For reservations, a deposit is expected in some cases. In that case, the buyer receives proof of the reservation and the prepayment.
  2. Does buyer not pay in time, then he is in default. If the buyer remains in default, then the seller is entitled to suspend the obligations until buyer has met his payment obligation.
  3. Remains the buyer in default, then the seller will proceed to recovery. The costs with regard to that recovery are borne by the buyer. These collection costs are calculated on the basis of the Decision for extrajudicial collection costs.
  4. In the case of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the progress of the seller on the buyer are immediately due and payable.
  5. If the buyer refuses his cooperation in the execution of the contract by seller, then he is still obliged to pay the agreed price to the seller.


Article 4: Offers, quotes and price

  1. Offers are without obligation, unless a period of acceptance is mentioned in the range. If the offer is not accepted within that stated period, the supply will expire.
  2. Delivery times in tenders are indicative and do not allow the buyer by exceeding it to dissolution or compensation, unless the parties have explicitly agreed in writing.
  3. Offers and quotations do not automatically apply to repeat orders. The parties must agree this expressly and in writing.
  4. The price listed on offers, quotes and invoices consists of the purchase price including the VAT owed and any other government levies.


Article 5: Right of withdrawal

  1. The consumer is entitled to dissolve the agreement within 30 days after receiving the order without giving reasons (withdrawal right). The period starts to run from the moment that the (entire) order has been received by the consumer.
  2. There is no right of withdrawal when the products are tailor-made according to its specifications or have only sustainable.
  3. The consumer can use a Seller's revocation form. Seller is obliged to make this immediately after the buyer's demand to be made to buyer.
  4. During the reflection time, consumers will handle the product and packaging carefully. He will only unpack or use the product to the extent that it is necessary to be able to assess whether he wishes to preserve the product. If he uses his right of withdrawal, he will return the unused and undamaged product with all supplied accessories and - if reasonably possible - in the original shipping package in the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.


Article 6: Amendment of the agreement

  1. If during the implementation of the Agreement it appears that it is necessary for proper execution of the assignment to change or supplement the work to be performed, the parties adapt in a timely and mutually agreement accordingly.
  2. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected. The seller informs the buyer of this as soon as possible.
  3. If the amendment to or supplement to the agreement has financial and / or qualitative consequences, the seller informed the buyer in writing about this.
  4. If the parties have agreed a fixed price, the seller indicates to what extent the amendment or supplement to the agreement results in an exceeding of this price.
  5. By way of derogation from the provisions of the third paragraph of this article, the seller cannot charge any additional costs if the change or supplement is the result of circumstances that can be attributed to him.


Article 7: Delivery and risk transition

  1. As soon as the purchased by the buyer has been received, the risk of seller is going to buyer.


Article 8: Research, commercials

  1. Buyer is obliged to examine the supplied at the time of (off) delivery, but in any case to (do) within the shortest possible time. In addition, the buyer should investigate whether quality and quantity of the delivered corresponds to what the parties have agreed, at least that quality and quantity meet the requirements that apply in normal (trade) traffic.
  2. Complaints with regard to damage, deficiencies or loss of goods delivered must be submitted to the seller in writing within 10 working days of the day of delivery of the goods by the buyer.
  3. In the case of a valuation of the complaint within the stated period, the seller has the right to either recover or re-deliver, or to refrain from delivery and to send a buyer a credit note for that part of the purchase price.
  4. Low and / or in the branch usual abnormalities and difference in quality, number, size or finish cannot be contradicted to the seller.
  5. Complaints with regard to a certain product have no influence on products or parts associated with the same agreement.
  6. After processing the goods at the buyer, no complaints are no longer accepted.


Article 9: Samples and models

  1. If a sample or model is shown or provided to buyer, the suspected is only provided as an indication without the need to answer the case to be delivered. This is different if the parties have expressly agreed that the case to be delivered will correspond.
  2. In agreements with regard to a property, indication of the surface or other dimensions and indications are also suspected of being alone as an indication, without the need to meet the case to be delivered.


Article 10: Delivery

  1. Delivery takes place 'Af factory / shop / warehouse'. This means that all the costs are for buyer.
  2. The buyer is obliged to decrease the cases when seller delivers or deliver it to him or at the time when these issues are made available to him according to the Agreement.
  3. If the buyer refuses or negligent in providing information or instructions that are necessary for delivery, the seller is entitled to save the case for the account and risk of buyer.
  4. If things are delivered, the seller is entitled to charge any delivery costs.
  5. If the seller needs buyer data for the implementation of the agreement, the delivery time arranges after buyer has made this data available to the Seller.
  6. A delivery term specified by the seller is indicative. This is never a fatal term. If the period is exceeded, the buyer must give the seller written default.
  7. Seller is entitled to deliver things in parts, unless the parties have agreed otherwise in writing or no self-employed value. With delivery in parts, the seller is entitled to invoice these parts separately.


Article 11: Force majeure

  1. Seller cannot meet his obligations from the agreement in time or not properly due to force majeure, he is not liable for damage suffered by buyer.
  2. Force majeure means any circumstances that the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be required by buyer such as, for example, illness, war or war hazard, civil war and Real, molest, sabotage, terrorism, energy failure, flood, earthquake, fire, business occupation, work strikes, workmen exclusion, changed government measures, transport difficulties, and other malfunctions in the seller's company.
  3. Furthermore, the capacity of force majeure means the circumstance that suppliers of which seller depends on the execution of the agreement, does not meet the contractual obligations towards the seller, unless the seller can be blamed.
  4. If a situation is intended as a result as a result of which the seller cannot meet his obligations towards the buyer, then those obligations are suspended as long as seller cannot meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to decompose in writing in writing in writing.
  5. In the event that the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be sent by registered letter.


Article 12: Transfer of rights

  1. Rights of a party from this Agreement cannot be transferred without the prior written consent of the other party. This provision serves as a clause with property law as referred to in Article 3:8343, second paragraph, civilian code.


Article 13: Retention of title and retention law

  1. The goods present and delivered goods and parts available at the seller remain the property of seller until buyer has paid the entire agreed price. Until then, the seller can rely on his retention of title and take back things back.
  2. If the agreed amounts to be paid not or are not met on time, the seller has the right to suspend the work until the agreed part is still met. There is then creditor absence. In that case a late delivery cannot be contradicted to the seller.
  3. Seller is not authorized to pledge neither to object the issues covered by his retention of title.
  4. Seller undertakes to ensure the goods delivered under retention of title to the buyer and to keep insured against fire, explosion and water damage as well as to inspect the theft and the policy on the first request.
  5. If things have not yet been supplied, but the agreed prepayment or price has not been met in accordance with agreement, seller has the right to retention. The case is then not delivered until buyer has paid in full and in accordance with appointment.
  6. In the case of liquidation, insolvency or suspension of payment of buyer, buyer's obligations are immediately due and payable.


Article 14: Liability

  1. Any liability for damage resulting from or related to the implementation of an agreement is always limited to the amount paid by the case concerned by the closed liability insurance (s). This amount is plus the amount of the deductible according to the relevant policy.
  2. Not excluded is the liability of seller for damage that is the result of intent or conscious reckless seller or his managerial subordinates.


Article 15: Compulsory education

  1. Buyer is obliged to report complaints about the work performed directly to the seller. The complaint contains a detailed possible description of the shortcoming, so that seller is able to respond adequately to this.
  2. If a complaint is well founded, then seller is obliged to correct it correctly and possibly replaced.


Article 16: Guarantees

  1. If guarantees are included in the agreement, the following applies. The seller guarantees that the sold to the agreement meets that it will function without defects and that it is suitable for the use that buyer intends to make it. This warranty applies to a period of two calendar years after receiving the sold by buyer.
  2. The aforementioned guarantee shall ensure such a risk distribution between the seller and buyer that the consequences of an infringement of a warranty are always fully at the expense and risk of the seller and that seller can ever rely on a guarantee in respect of a guarantee. ARTICLE 6:75 BW. The provisions of the previous sentence also apply if the breaker was known or could have been known by the conduct of research.
  3. The aforementioned warranty does not apply if the defect has arisen as a result of improper or improper use or when - without permission - copper or third parties have made changes or have been attempted to apply or have used the purchased for purposes for which it is not intended.
  4. If the guarantee provided by the Seller relates to a case produced by a third party, the guarantee is limited to the guarantee provided by that producer.


Article 17: Applicable law and competent court

  1. Only Dutch law applies to every agreement between the parties.
  2. The Dutch court in the district where Reeva VOF is established / Practice keeps / office is exclusive to take note of any disputes between the parties, unless the law prescribes mandatory.
  3. The applicability of the Vienna Sales Convention is excluded.
  4. If one or more provisions of these general terms and conditions are identified in a judicial procedure, the other provisions remain in terms of effect.