TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
ARTICLE 1: DEFINITIONS
Waterproof Bathrooms: Client: Waterproof Bathrooms BV registered under number 34229442 at the Chamber of Commerce and Industry for Amsterdam and the surrounding area.
The person to whom the offer is addressed and/or the person who purchases goods/services from Waterproof Bathrooms.
ARTICLE 2: SCOPE
2.1. These general terms and conditions apply to all our offers, quotations and agreements.
2.2. Insofar as not agreed otherwise in an agreement, these general terms and conditions will apply. The general terms and conditions of the customer are hereby expressly rejected.
ARTICLE 3: OFFERS, QUOTES
3.1. All our offers and quotations or other statements, whether written or oral, from our representatives and/or employees are without obligation and exclusive of sales tax, unless stated otherwise. Administrative and writing errors can be corrected at any time. Composite quotations only apply if the total quotation is purchased.
3.2 Images, sizes, weights and other specifications appearing in catalogs and advertisements are only intended to give a general representation of the designs, goods or services of Waterproof Bathrooms. Minor and non-essential deviations do not entitle the client to compensation or refusal of acceptance.
ARTICLE 4: CONCLUSION OF AGREEMENT
4.1. An agreement is only concluded after we have confirmed an assignment/order in writing, or because we have fully or partially fulfilled an order for delivery or partial delivery.
4.2. Any agreements, commitments and/or changes to the agreement made after the order confirmation are only binding if agreed in writing between the parties.
4.3 Waterproof Bathrooms is entitled to demand the price, an advance payment or security from the client before proceeding with delivery or performance.
ARTICLE 5: PRICES
5.1. The stated prices apply to delivery ex warehouse, as referred to in the latest version of the Incoterms established by the International Chamber of Commerce, and are exclusive of VAT.
5.2. The stated prices are based on prices, wages and levies applicable at the time of the offer or quotation. Changes in exchange rates, wages, cost prices of raw materials, materials, parts, transport, insurance premiums, tax charges, social insurance premiums, import duties and other levies imposed or to be imposed by the government can be passed on up to the time of the conclusion of the agreement.
5.3. Costs of additions and/or changes to the agreement desired by the customer after the conclusion of the agreement are for the account of the customer.
ARTICLE 6: PAYMENT
6.1. If it is agreed in writing that delivery will not take place cash on delivery, payment must be made without any discount or set-off within 28 days of the invoice date, either in cash or to a bank account to be designated by us.
6.2. If payment is not received on time, the customer – without any reminder or notice of default being required – owes the statutory interest from the date on which payment should have taken place until the date of the actual payment.
6.3. If we proceed to collection, all costs of collection, both judicial and extrajudicial, will be borne by the customer, whereby the extrajudicial collection costs are set at at least 15% of the principal sum to be claimed with a minimum of € 150.00.
ARTICLE 7: DELIVERY
7.1 Delivery is made ex Waterproof Bathrooms in Amsterdam and is cash on delivery, unless agreed otherwise in writing.
7.2 If the client has Waterproof Bathrooms transport goods, the transport and insurance costs for a sales value of less than € 750 will be borne by the client.
7.3. In the event that the indicated delivery date or delivery dates cannot or cannot be adhered to by us, we will inform the customer thereof with due speed, stating the then expected delivery date or delivery dates, without the customer having any right to claim compensation in any form whatsoever. can therefore derive or proceed to dissolution or demand compliance with the agreement.
7.4. If the fulfillment is not fulfilled longer than 2 months after the delivery date specified in the agreement, the buyer has the right to cancel the agreement in whole or for the part that has not been fulfilled, provided that the cancellation is made by registered letter and this is done by us before the delivery of the goods. relevant goods are received.
7.5. For the application of these provisions, each partial delivery is regarded as a separate delivery.
7.6. The customer is obliged to ensure sufficient loading and unloading facilities and for the shortest possible waiting time for delivery.
ARTICLE 8: TRANSFER OF OWNERSHIP
8.1. Until the time when the customer has fulfilled all his payment obligations, the ownership of the delivered goods remains with us.
8.2. The customer undertakes not to hand over the goods delivered to him that have not been paid for to a third party or to remove these goods from our disposal, in whatever form, before the customer has fulfilled his payment obligations to us in full. In the unlikely event that the delivered goods do not become available to us for whatever reason, we have the right to demand from the buyer a fine of € 10,000.00 to be paid, without prejudice to the buyer's obligation to pay the entire purchase price. .
8.3. If the customer does not fulfill its payment obligations, or does not do so on time or properly, we are entitled, without notice of default or judicial intervention, to undo what has been done and/or to retrieve the delivered goods from the customer.
The buyer will fully cooperate with us by opening the space in which the goods are located, or by handing over the keys that give access to such a space. If the goods are located at a location, rented from a third party or acquired for use in any other way, in such a way that the cooperation of this third party is required for access, the customer will authorize us to obtain the cooperation of this third party.
8.4. Until the time of payment, the customer is obliged to store the goods in a manner that is customary for the delivered goods and which, if we so desire, makes them known as our property.
ARTICLE 9: TERMINATION / TERMINATION OF AGREEMENT
9.1. If one of the parties falls short in the fulfillment of one of its obligations, the other party that has already performed services for the implementation of the agreement is authorized to suspend the obligations not yet fulfilled, or to cancel the agreement in whole or in part. dissolve. The full or partial dissolution must take place by registered letter without judicial intervention being required.
All claims, whether or not invoiced, will be immediately due and payable as a result of the dissolution, without prejudice to the right of the parties to claim compensation.
9.2. Contrary to the provisions of the previous paragraph, we can cancel or terminate the agreement in whole or in part with immediate effect without judicial intervention by means of a written notification, if the customer submits a request for suspension of payment, is declared bankrupt - if or not at its own request - in the event of termination or liquidation of the activities of the customer. We will never be obliged to pay any compensation due to such cancellation or termination.
ARTICLE 10: FORCE MAJEURE
10.1. If the execution of the agreement or assignment is not possible due to a shortcoming that cannot be attributed to one of the parties and the resulting delay is foreseeably longer than 3 months, then each of the parties can terminate the agreement after mutual consultation without any obligation to the other. to be liable for compensation. This also includes the unavailability of the ordered goods.
10.2. A shortcoming not attributable to us as referred to in the first paragraph can be regarded as: Any event or circumstance - even if this could have been foreseen at the time of the conclusion of the agreement or the provision of the assignment and/or order - as a result of which the delivery and/or manufacture is made more difficult or impossible, or has such an influence on the production and/or delivery by us, that fulfillment by us is made so costly or economically so difficult that the (further) performance of the agreement or assignment cannot be required of us on the same terms and conditions.
ARTICLE 11: ADVERTISING
11.1. The customer can no longer rely on the fact that what has been delivered does not comply with the agreement, if he does not inform us of this within 24 hours of the date of purchase.
Unavoidable deviations in quality, weight and the like that are customary in the trade are not eligible for complaint unless there is a significant deviation. In the event of invisible defects, the customer cannot invoke any shortcoming in the agreement if he does not notify us in writing within 24 hours of discovering the defects.
11.2. Complaints that reach us after the expiration date of the products, as well as complaints about processed or processed products, cannot give rise to compensation or replacement.
11.3. At our request, the customer is obliged to return the goods about which he is complaining to us.
11.4. Complaints regarding our invoices must be received by us as soon as possible, but in any case within 2 weeks after the invoice date, by registered letter.
11.5. Submitting complaints/complaints does not release the customer from its payment obligations in accordance with the provisions of Article 6.
ARTICLE 12: WARRANTY
12.1. If we deliver goods purchased by us to the customer, our guarantee is limited to the guarantee provided by the manufacturer of the said goods.
ARTICLE 13: LIABILITY
13.1. If we imputably fail to comply with the agreement, we are only liable for compensation for the damage that is the direct result of the failure to perform. Any other form of compensation, such as consequential damage, indirect damage, damage due to lost profit or damage due to delay, is excluded.
13.2. After any right to compensation has arisen, the customer is obliged to report the damage to us immediately in writing as soon as reasonably possible.
13.3. The customer indemnifies us against all damage that we may suffer as a result of claims from third parties for compensation, if and insofar as this damage is caused by improper use and/or improper storage and/or failure to act in accordance with instructions regarding the protection of quality and /or shelf life of the delivered goods by the customer.
ARTICLE 14: RETURNS
14.1. Returns without our prior consent are not permitted. If they nevertheless take place, all costs associated with the shipment will be borne by the customer. In that case, we are free to store the goods at the expense of the customer with third parties or even to keep them available for the customer.
14.2. Return shipments that have not been accepted by us do not release the customer in any way from payment regulations as referred to in Article 6.
14.3. Return shipments are always at the expense and risk of the customer.
ARTICLE 15: APPLICABLE LAW AND DISPUTES
15.1. Dutch law applies to all agreements to be concluded by us.
15.2. All disputes in matters to which these terms and conditions apply will, subject to the authority of the parties to provoke decisions of the President of the District Court, adjudicating in preliminary relief proceedings, be submitted to the judgment of the ordinary court in Haarlem.