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General terms and conditions
GENERAL CONDITIONS OF BRANDTHOUT – CoC 63497557
In these Terms and Conditions (“Terms”) is understood by:
- Contractor/Seller:Brandthout B.V., located at (7101 NL) Winterswijk, Weurden 78, hereinafter referred to as ‘Brandthout’;
b. Client/buyer: Any natural or legal person in the capacity of an entrepreneur or consumer to whom Brandthout supplies or makes available or for whom Brandthout performs services or with whom Brandthout is contracting to purchase or commission, or with whom Brandthout is in negotiation or negotiation of the conclusion of a contract of sale or assignment;
c. Agreement: any agreement and/or contract between Brandthout and Buyer/Client, any amendment or addition thereto, as well as all (legal) operations in preparation and execution of that agreement;
d. Products: “Products” in these terms and conditions shall mean all goods offered by Buyer/Client by Brandthout on the basis of a purchase agreement, in connection with service or otherwise.
e. Services: any work, in any form whatsoever, which is performed by or on behalf of Brandthout in connection with the products or otherwise;
f. Order: Any order from buyer/client, in any form
1.1 These Terms and Conditions apply to all offers (and other legal acts) of Brandthout and to all agreements that will be concluded by Brandthout with Client/buyer.
1.2 Brandthout expressly rejects the applicability of any general condition (s) of client/buyer in the capacity of an entrepreneur.
1.3 Changes to and additions to any provision of the agreement and/or these terms and conditions may only be agreed in writing.
1.4 When a change and/or supplement as referred to in the previous paragraph is agreed upon, this amendment and/or supplement applies only to the relevant agreement.
1.5 Accepting an offer or making an order means that the client/buyer accepts the applicability of these terms completely and without reservation.
1.6 The provisions of these Terms and Conditions may be waived only in writing, in which case the remaining provisions will remain in force.
Offer, information and conclusion of the agreement
2.1 All offers are free of charge. Brandthout is first bound by the fact that Brandthout has accepted a contract/order in writing or otherwise confirmed for agreement. Brandthout is entitled to refuse orders and/or assignments, or to impose certain conditions on the delivery (and/or assignment), unless expressly stated otherwise.
2.2 If the acceptance by the client/buyer (also at obviously minor points) differs from the offer offered, Brandthout is not bound by it. The agreement will not be made in accordance with this deviating acceptance, unless Brandthout indicates otherwise.
2.3 A combined offer/price quotation does not require Brandthout to perform part of the assignment (or partial delivery) against a corresponding part of the price quoted in the quotation.
2.4 If no prior written acceptance of an order (and/or order) has taken place, for example upon sale from the stock, the (purchase) agreement is concluded because Brandthout fully or partially meets a request for delivery by the client/buyer, or because Brandthout sends an invoice to a delivery requesting buyer/buyer. The invoice is then deemed to accurately reflect the agreed order or work.
2.5 All assignments by Brandthout of numbers, sizes, weight and/or other indications of the products and/or services have been taken care of, but Brandthout cannot guarantee that no deviations will occur in this regard. Should the products (or materials) and/or services delivered still occur, the additional required products, materials or services will be deducted from the same terms and prices by the buyer/buyer. Too much delivered materials are not taken back by Brandthout. Illustrations or models shown or provided are only indications of the relevant products and/or services. If the client/buyer demonstrates that the (s) delivered products and/or services (and/or acceptance of work) differ from Brandthout’s assignments or the drawings or models that he no longer obliges to reduce can be, the client/buyer has the right to dissolve the agreement, but only in so far as such dissolution is reasonably necessary.
2.6 Images, drawings and the like provided by Brandthout remain their property and may not be copied or reproduced without third parties, without the express consent of them.
Obligations of the client/buyer
3.1 The client/buyer is obliged to provide Brandthoutwith all information, which Brandthoutconsiders necessary for the proper execution of the agreement. The offer is based on information provided by the client/buyer, whereby Brandthoutcan rely on its accuracy and completeness. The information provided by the client/buyer will serve as a starting point for the conclusion of the agreement. Client/buyer stands for the accuracy, completeness and reliability of the information provided to Brandthout, even if it comes from third parties.
Performance of the agreement
4.1 If it has been agreed that the agreement will be executed in phases, Brandthoutmay, if applicable, suspend the execution of those components that belong to a next phase or the performance of partial deliveries until the client/buyer is on ( total) payment obligation towards Brandthouthas met.
Time limits, delivery and delivery time
5.1 The terms/delivery times specified by Brandthoutin connection with the execution of the agreement are indicative only and are never considered deadly deadlines, even in the case of deadlines.
5.2 If, in the case referred to in Article 5, the execution of the agreement by Brandthout can not take place within the agreed term, Brandthout will provide the client/buyer as soon as possible with the term within which the agreement can be executed.
5.3 If any time specified by Brandthout is exceeded, Brandthout will first be in default after the client/buyer, Brandthout has failed in writing and Brandthout has given a reasonable time to comply with his obligations towards to meet the client/buyer.
5.4 If items are available from stock, they will be shipped immediately after order. For shipping orders, Brandthout can charge shipping. The delivery of ordered goods will take place at Brandthout’s registered postal address, not temporary, and issued to the natural person (“the customer”) at the delivery address.
5.5 The customer must sign for receipt of the products. This is only different if the customer has grounds for refusal based on the law.
5.6 If the buyer refuses or neglects the delivery of information or instructions necessary for delivery, the items will be stored for the account and risk of the buyer/buyer.
5.7 The delivery obligation of Brandthout will be fulfilled, except in case of counter-notification, as soon as the goods delivered by Brandthout have been offered to the customer once. In case of delivery at home, the carrier’s report, including the refusal of acceptance, extends to full proof of supply to delivery, except for counter-notification.
5.8 In case of refusal of the goods offered, return and storage costs, as well as the risk of damage or loss of the rejected goods, will be borne by the client/buyer unless the buyer/buyer has the right to terminate the purchase or purchase Replacing the case.
5.9 A delivery date specified by the customer/buyer is just a desirable (indicative) delivery date. The actual delivery date may differ from this and will not be final until confirmed by Brandthout.
Prices, costs and rates
6.1 Unless the customer/buyer is a consumer, the prices, charges and rates provided by Brandthout are exclusive of sales tax and any other charges imposed by government. The prices and prices are valid for the contract mentioned in the order confirmation/quotation in accordance with the specified specifications and the specified period (s).
6.2 The parties may agree upon a fixed price upon the conclusion of the agreement. If no fixed price is agreed, the price will be determined based on the actual amount of hours spent (direction). The price is then calculated according to the usual hourly rates of Brandthout, valid for the period during which the work is performed, unless a different hourly rate has been agreed upon.
6.3 In the case of contracts with a maturity of more than three (3) months, the costs payable by the principal/buyer will be charged periodically (monthly).
6.4 Brandthout has at all times the right to charge all cost-increasing factors that arise after making the offer or to charge the contract to the client/buyer. If a customer/buyer is a consumer, the consumer has the right to dissolve the agreement if the (cost) price increase by Brandthout is desired within three (3) months after the agreement has been reached.
6.5 In case of a price increase of the fixed fee or hourly rate of more than 10%, each client/buyer is entitled to dissolve the agreement. The client/buyer is not entitled to dissolve the agreement if the power to increase the fixed fee or hourly rate arises from a power under the Act.
6.6 Brandthout will inform the client/buyer in writing of the intention to increase the fixed fee or hourly rate. Brandthout will mention the extent of the increase as well as the date on which the price increase will enter.
6.7 If the client/buyer does not wish to accept the increase of the fixed fee or hourly rate of more than 10% stated by Brandthout, the client/buyer is entitled to dissolve the agreement within fourteen (14) days after the said notice. against the date stated in the notice of Brandthout that the price or tariff adjustment would come into effect.
7.1 Brandthout does not offer a greater warranty on delivered items than the warranty (s) of the manufacturer of these cases, without affecting the rights of the client/buyer arising from compulsory legal provisions.
7.2 Brandthout is never responsible for the ultimate suitability of the business for the (individual) individual application by the client/buyer, nor for any advice regarding the use or application of the business.
7.3 The client/buyer is obliged to check the goods delivered immediately upon receipt. If it appears that the delivered case is incorrect or incomplete, then the client/buyer (before returning to Brandthout) must report these defects immediately to Brandthout. Any defects or defects delivered and may be notified by the client/buyer, his entrepreneur, within a maximum of eight (8) days after delivery to Brandthout. Any defects or defects delivered and may be reported by the customer/buyer, consumer, no later than one (1) month after delivery to Brandthout. Return of the goods must be done in the original packaging (including accessories and accompanying documentation) and in new condition. Initial use after failure to detect defects, damage resulting from failure to detect defects, as well as objection and/or resale after defect finding, makes this right to advertise and return completely.
7.4 If Brandthout complaints are found by Brandthout, Brandthout will, at its option or the goods delivered, replace it free of charge or agree with the client/buyer in writing on the compensation, provided that the liability of Brandthout is restricted in accordance with Article 14.
7.5 This warranty does not apply: A) if and as long as the client/buyer is in default of Brandthout; B) the contractor/buyer has repaired and/or edited the goods delivered or has been repaired or edited by third parties; C) The goods delivered have been exposed to or otherwise treated negligently or in violation of the instructions of Brandthout and/or instructions for use on the packaging. D) the invalidity is wholly or partly the result of regulations or statements made by the government as to the nature or quality of the materials used. E) the defectiveness is due to the natural working properties of the material; F) the defectiveness consists of slight deviations from the delivered product in relation to the product photograph, since each product is handmade and made from natural material, whereby such deviations can occur and are regarded as normal and sound. G) Brandthout is not liable for damage caused by mounting or suspension of the product. H) All maps are based on the Open Street Maps database. Deviations from reality can occur and are not seen as a defect in the product or shortcomings on the part of Brandthout.
8.1 In case of permanent force majeure, Brandthout is entitled to dissolve the agreement with the client/buyer by means of a written statement without legal intervention. Brandthout is not liable for any damage caused by the client/buyer, of any nature and extent, in respect of the client/buyer.
8.2 In case of temporary force majeure, Brandthout is entitled to extend the terms in which the agreement is to be executed with the time during which the temporary waiver applies. If the aforementioned delay lasts longer than six months, the client/buyer may require (partial) termination of the agreement without the client/buyer entitled to compensation, without prejudice to the (payment) obligations of the client/buyer in respect of It has already been executed by Brandthout the part of the agreement.
8.3 If Brandthout has already partially fulfilled its obligations, Brandthout is authorized to execute the part of the agreement that has already been made or to be declared billing separately.
Retention of title
9.1 The property of the products, despite the actual delivery or delivery, will not be transferred to the contractor/buyer after it has or will become due to the Brandthoutdue to the agreement and/or these terms and conditions, has fully met, including the purchase/purchase sum, any fees, interest, taxes and charges payable under these terms or conditions, as well as on the basis of any work performed or to be performed under such agreement.
9.2 Any amount received from client/buyer will first be made to satisfy those claims that Brandthout could have on client/buyer regarding which Brandthout in paragraph 1 did not make a reservation of title. Thereafter, any amount received from the client/buyer will first be made to meet all interest and charges due, as referred to in Article 12, paragraphs 3 and 4.
9.3 Prior to the ownership of the products on client/buyer, the client/buyer is not entitled to rent or use the products to third parties, to pledge to third parties or otherwise object to third parties. Client/Buyer, being an entrepreneur, is only entitled to sell or deliver to third parties the products of which Brandthout is owned, to the extent that this is necessary in the context of the client/buyer’s normal business.
9.4 The client/buyer is obliged to keep the goods delivered under title reservation carefully and as a recognizable property of Brandthout and to ensure it is at risk of fire, explosion, damage and theft. At the first request of Brandthout, the client/buyer will cede all rights to the insurers concerned in this regard to Brandthout.
9.5 If and as long as Brandthout is the owner of the products, the client/buyer Brandthout will immediately inform in writing when any part of the products has been lost or damaged or the products are seized and/or otherwise (any part of) the products is claimed. In addition, client/buyer Brandthout will announce his first request at Brandthout where the products of which Brandthout owns are located.
9.6 Upon seizure, (provisional) payment or bankruptcy, the commissioner/buyer will immediately refer the seizure bailiff, the administrator or the curator to the (ownership) rights of Brandthout.
Payment and security
10.1 Payment by the principal/buyer, being the entrepreneur, must be made within seven (7) days after the invoice date on the manner indicated by Brandthout in the tender, unless otherwise agreed in writing. All payment terms can be regarded as fatal terms, unless explicitly agreed otherwise in writing. Any contracting authority of the client/buyer, being an entrepreneur, for any reason and for any reason, is expressly excluded.
10.2 Complaints against the invoices sent by Brandthout to the client/buyer, his entrepreneur, invoices do not suspend their payment obligation.
10.3 If the Client/Buyer does not pay, in time or in full, without prior notice of the outstanding invoice amount, the statutory interest is due in the capacity of the consumer and the legal interest payable in the capacity of an entrepreneur, with a part of a month for a whole month.
10.4 If the client/buyer is in default in the (timely) fulfillment of his obligations, extrajudicial collection costs will be calculated in accordance with the “Declaration for extrajudicial collection costs 2012”, without prejudice to any rights accruing to Brandthout, such as for damages or compliance.
11.1 Complaints about the work or the delivered products must be reported to the Brandthout by registered letter in writing as registered by the client/buyer within eight (8) days after discovery. This period of eight (8) days after discovery is extended for the client/buyer to two (2) calendar months. The notice of default must contain as detailed a description of the deficiency (s), so that Brandthout is able to respond adequately.
11.2 Complaints regarding the execution of the agreement by Brandthout, the contractor/buyer, his entrepreneur, is never entitled to suspend his payment obligations in respect of Brandthout.
11.3 If Brandthout considers a complaint to be legitimate, Brandthout is entitled to re-execute the agreement in question or otherwise to correct the complaints.
11.4 Client/Buyer – The Entrepreneur – is held if he believes or remains that Brandthout did not make the agreement timely, not complete or inaccurate, as promptly as provided for in paragraph 1 in writing by registered letter to Brandthout and the claims based thereon within twelve (12) months after the date of the notification referred to above, or within twelve (12) months after that notification had to be made, by law in a summons valid to in the absence of all its rights and claims in such circumstances, by the expiration of the aforesaid period.
Assembly and implementation
12.1 In the purchase prices, the costs of assembly and commissioning and after sales service are not calculated unless otherwise agreed.
12.2 If Brandthout is required to assemble and implement the products sold and delivered, then he accepts only liability with regard to the operation of those products if:
a. installation and commissioning is in accordance with his instructions, with the right to charge a mechanic with the management of the work. Travel costs and costs for accommodation, food and the like for the mechanic are at the expense of the client/buyer.
b. the circumstances (in the broadest sense of the word) at the place where assembly and implementation must occur do not exert any adverse effects and foundations, walls, walls and the like on which and/or to which the products must be prepared or placed before the commencement of Work has been properly done, performed and/or repaired. For the client’s/buyer’s behalf, all additional activities, such as (but not limited to) offering the products to be processed or organizing the structure (location), are performed. In addition, the client/buyer must provide the necessary assistance in the form of manpower and auxiliary materials.
12.3 If, as a result of circumstances, irrespective of Brandthout’s will not be able to proceed with the assembly and commissioning periodically, the resulting costs will be borne by the contractor/buyer.
13.1 Brandthout is solely liable for damage suffered by client/buyer, being the entrepreneur, in so far as this damage is covered by a liability insurance of Brandthout.
13.2 Brandthout is not liable for any loss or damage suffered by the client/buyer, its entrepreneur, (or third parties), of any nature and/or extent, in connection with or arising out of the performance of the agreement , including damage to property belonging to the client/buyer or third parties, as well as indirect damage, including, for example, loss of business, consequential loss, loss of profits, loss of savings and damage due to business stagnation, unless otherwise intentional or equivalent gross carelessness of Brandthout.
13.3 Brandthout is not liable for any damage and/or costs of the client/buyer, its entrepreneur, of any nature and/or size, which in any way correlates with or derives from acts, omissions, errors and/or the quality of the third-party work delivered by Brandthout in the performance of the agreement, unless such damage is caused by intentional or equivalent negligence of Brandthout.
13.4 If and to the extent that, in spite of the provisions of the aforementioned paragraphs at Brandthout, any liability to the client/buyer in any capacity and/or for any reason may be found, this liability is limited to the maximum amount of invoice (excluding sales tax), which has been charged to the client/buyer for the materials delivered/performed in which the cause of the damage is located with a maximum of € 2,500, -. The foregoing is subject to exception in case of intent or similar gross negligence of Brandthout. A series of related damage/events is hereby considered as one damage case/event.
13.5 In the event that the client/buyer has not yet been invoiced, the above-mentioned text for “invoice amount” must be read the agreed fixed price or standard rate that will be charged to the contractor/buyer for the work performed , in which the cause of the damage is located.
Suspension and dissolution
14.1 If the client/buyer is not entitled to fulfill one or more of his obligations (including payment obligations) to Brandthout in due time, Brandthout is entitled, without prejudice to all other rights to Brandthout, to fulfill his obligations towards to suspend the client/buyer until the client/buyer has yet fulfilled his obligations to Brandthout.
14.2 Brandthout has, in addition to all other rights conferred upon him, the right to dissolve the agreement concluded with the client/buyer without (further) prior notice or judicial intervention by means of a written out-of-court declaration if:
– there is persistent force majeure provided for in Article 9 of these general provisions;
– Provision is made to the client/buyer (provisional) payment, the client/buyer’s bankruptcy is requested if the client/buyer requests his bankruptcy himself, the client/buyer offers a (private) agreement to his creditors or (for this purpose) convenes a meeting of creditors or if an application is made or granted in respect of the client/buyer of the Debt Recovery Act;
– The business of the client/buyer, being the entrepreneur, is liquidated and/or the client/buyer’s business activities are actually discontinued or moved to a place outside the Netherlands.
14.6 The principal/buyer indemnifies Brandthout for all third party claims in respect of damages in connection with the agreements concluded by Brandthout, unless it is established that these claims are due to intentional or similar gross negligence van Brandthout and the client/buyer also show that he does not complain in this regard.
15.1 Brandthout respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise stated. This information is not sold, shared or leased to third parties by Brandthout in any way other than those mentioned in this privacy statement.
15.2 Information from which an online visitor’s identity can be derived from Brandthout’s website is voluntarily provided by the visitor. This information can be used within Brandthout (and all its subsidiaries and brands) with the purpose of making the website visits as simple and enjoyable as possible. In addition, this information may be used for analysis and providing information about Brandthout’s product portfolio. The visitor explicitly gives permission for this. Brandthout is entitled to disclose information about a visitor in exceptional cases if there is reason to believe that disclosure of that information is necessary to identify, contact or process a trial against someone who intentionally or injuriously or injuriously, the rights or property of Brandthout, other users of her website or others who may suffer from such damage. Brandthout is entitled to release information about users when Brandthout believes in good faith that the law requires this.
15.3 Brandthout collects non-personal information about our online visitors to determine the total number of visitors to the website as well as the type of Internet browser and operating system used. Personal data may be removed at the request of the online visitor to the extent that this does not require disproportionate effort or costs for Brandthout.
16.1 If and to the extent that, on the grounds of reasonableness and fairness or the unreasonable harmful nature of any provision in these general terms and conditions, no provision may be made in terms of content and content, so as to allow for such appeal can be done.
17.1 If any provision of these Terms and Conditions does not apply or is in violation of public policy or law, only the provision in question shall be deemed to be non-written, but the remaining General Terms and Conditions will remain in full force.
18.1 All legal relationships between Brandthout and client/buyer, including offers and offers of Brandthout, only Dutch law applies.
18.2 All disputes arising out of or relating to the legal relationship between Brandthout and client/buyer, where these terms and conditions apply, will be submitted exclusively to the competent court in the district within which the Brandthout branch is located and where the work has been performed, unless mandatory provisions stipulate otherwise.
18.3 If the delivery location is not accessible to a lorry combination of 15 m long, the buyer/client must ask in advance to arrange special transport at extra costs. If the buyer/client has not notified that before, Brandthout can cancel (cancel) the order and charge the costs incurred to the buyer/client. The load is unloaded alongside the truck semi-trailer, trying to solve as close as possible to the desired delivery location, provided feasible and reasonable.
18.4 If the buyer/client is not present at the agreed delivery date, then the (additional) costs incurred will be paid to the buyer/principal. If the buyer/client wishes to change the delivery date, this can be done free of charge until one (1) day in advance.
18.5 In the event of cancellation of the order, the order amount minus the administration fee will be returned to the buyer/client’s account, unless otherwise agreed.
18.6 If the Buyer wishes to cancel (terminate) the delivery of products or services, only written by registered mail may be, unless Brandthout waives, the following costs:
– up to thirty (30) days before delivery of the delivery forty-five percent (45%) of the invoice amount;
– from thirty (30) to twenty-one (21) days before commencement of delivery, sixty percent (60%) of invoice payment;
– from twenty-one (21) days to fourteen (14) days before delivery, 85% of the invoice amount;
– from fourteen (14) days to seven (7) days before commencement of delivery ninety percent (90%) of the total amount of funds,
– seven (7) days prior to commencement of delivery or later one hundred percent (100%) of the invoice amount.