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GENERAL TERMS AND CONDITIONS OF DELIVERY OF UKIYOHANDMAD WITH ITS REGISTERED OFFICE IN ARNHEM, 

THE NETHERLANDS, AND PRINCIPAL PLACE OF BUSINESS AT RIJNSTRAAT 9-1 / 6811 EV ARNHEM,

 

 

ARTICLE 1: DEFINITIONS

 

SUPPLIER: THE PRIVATE LIMITED LIABILITY COMPANY ROHE FRAMES B.V. AND ALL AFFILIATED COMPANIES;

BUYER: A NATURAL PERSON WHO DOES NOT ACT IN THE COURSE OF HIS PROFESSION OR BUSINESS AND WHO CONTACTS THE SUPPLIER IN CONNECTION WITH A POSSIBLE CONTRACT TO BE CONCLUDED OR WHO HAS CONCLUDED A CONTRACT WITH THE SUPPLIER;

OFFER: ANY OFFER MADE BY THE SUPPLIER FOR THE SALE AND DELIVERY OF PRODUCTS ON THE WEBSITE;

ORDER: ANY ORDER PLACED BY THE BUYER FOR THE SALE AND DELIVERY OF PRODUCTS BY THE SUPPLIER TO THE BUYER;

CONTRACT: THE CONTRACT CONCLUDED BETWEEN THE SUPPLIER AND THE BUYER WITH RESPECT TO THE SALE AND DELIVERY OF PRODUCTS;

PRODUCT(S):THE PRODUCT(S) SOLD AND/OR DELIVERED BY THE SUPPLIER TO THE BUYER;

PARTIES: THE SUPPLIER AND THE BUYER JOINTLY;

TERMS AND CONDITIONS: THESE GENERAL TERMS AND CONDITIONS OF DELIVERY;

WEBSITE: THE WEBSITE WWW.LESCOYOTESDESPARIS.COM, USED BY THE SUPPLIER TO RUN A WEBSHOP, AMONG OTHER THINGS.

 

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ARTICLE 2: APPLICABILITY

 

THE TERMS AND CONDITIONS APPLY TO ALL LEGAL RELATIONSHIPS IN WHICH THE SUPPLIER ACTS AS A (POTENTIAL) SELLER AND/OR SUPPLIER OF PRODUCTS, INCLUDING ALL OFFERS MADE BY THE SUPPLIER WITH RESPECT TO PRODUCTS AND ORDERS AND THE ACCEPTANCE THEREOF BY THE SUPPLIER, INSOFAR AS THE PARTIES HAVE NOT EXPRESSLY DEROGATED FROM THE TERMS AND CONDITIONS IN WRITING.

IF AND INSOFAR AS THE CONTRACT CONTAINS PROVISIONS DEROGATING FROM THE TERMS AND CONDITIONS, THE PROVISIONS OF THE CONTRACT WILL PREVAIL.

IF THERE IS ANY CONFLICT BETWEEN OR LACK OF CLARITY ABOUT TRANSLATIONS OF THE TEXT OF THESE TERMS AND CONDITIONS, THE DUTCH TEXT WILL ALWAYS PREVAIL.

IF A PROVISION OF THESE TERMS AND CONDITIONS IS VOID OR VOIDED OR THE PARTIES ARE UNABLE TO RELY ON SUCH PROVISION FOR OTHER REASONS, THE SUPPLIER WILL BE ENTITLED TO REPLACE IT WITH A PROVISION THAT IS VALID AND ENFORCEABLE, TAKING THE PURPOSE AND MEANING OF THE ORIGINAL PROVISION INTO ACCOUNT AS FAR AS POSSIBLE. IN THAT CASE, THE OTHER PROVISIONS WILL REMAIN IN FULL FORCE.

 

 

ARTICLE 3: OFFERS AND FORMATION OF CONTRACTS

 

ALL OFFERS MADE BY THE SUPPLIER, IN WHATEVER FORM, ARE SUBJECT TO CONTRACT. THEY WILL NOT BIND THE SUPPLIER AND ONLY SERVE AS AN INVITATION TO PLACE AN ORDER, UNLESS OTHERWISE STATED BY THE SUPPLIER IN WRITING. THIS ALSO APPLIES TO ALL CATALOGUES, BROCHURES, PRICE LISTS AND SUCHLIKE PUBLISHED BY THE SUPPLIER.

IF A PERIOD OF VALIDITY IS MENTIONED IN AN OFFER, THIS OFFER MAY ONLY BE ACCEPTED WITHIN THIS PERIOD.

ANY SPECIFICATIONS OF COLOURS, WEIGHTS, DENSITY, QUANTITIES AND OTHER DESCRIPTIONS IN CATALOGUES, BROCHURES, PROMOTIONAL MATERIAL AND/OR ON THE WEBSITE ARE AS ACCURATE AS POSSIBLE, BUT ONLY SERVE AS INDICATIONS. THE BUYER CANNOT DERIVE ANY RIGHTS THEREFROM.

THE CONTRACT IS CONCLUDED WHEN THE BUYER ACCEPTS THE SUPPLIER'S OFFER BY PLACING AN ORDER AND COMPLYING WITH THE CONDITIONS SET. THE SUPPLIER WILL IMMEDIATELY CONFIRM RECEIPT OF THE ORDER AND THE FORMATION OF THE CONTRACT BY ELECTRONIC MEANS.

ANY SUBSEQUENT ADDITIONAL AGREEMENTS OR CHANGES AS WELL AS AGREEMENTS AND/OR PROMISES (VERBAL OR OTHERWISE) MADE BY STAFF MEMBERS OF THE SUPPLIER OR MADE ON THE SUPPLIER'S BEHALF BY SELLERS, AGENTS, REPRESENTATIVES OR OTHER INTERMEDIARIES, WILL ONLY BIND THE SUPPLIER IF AND INSOFAR AS THESE HAVE BEEN CONFIRMED IN WRITING BY THE SUPPLIER (OR BY PERSONS AUTHORISED TO DO SO).

 

 

ARTICLE 4: PRICES

 

ALL PRICES STATED BY OR AGREED WITH THE SUPPLIER ARE IN EUROS, INCLUDING VAT, OTHER GOVERNMENT LEVIES, COSTS OF PACKAGING, INSURANCE AND SUCHLIKE. THE PRICES ARE EXCLUSIVE OF DISPATCH COSTS. THE AMOUNT OF THE DISPATCH COSTS WILL BECOME VISIBLE ON THE WEBSITE DURING THE ORDERING PROCESS, BEFORE PAYMENT IS MADE AND THEREFORE BEFORE THE FINAL PLACEMENT OF THE ORDER.

THE PRICES OF THE PRODUCTS ARE THE PRICES AS SHOWN ON THE WEBSITE AND/OR IN THE OFFER, SUBJECT TO PRICE CHANGES AS A RESULT OF CHANGES IN VAT RATES. IN CASE OF CHANGES IN VAT RATES, THE SUPPLIER WILL BE ENTITLED TO INCREASE THE AGREED PRICE WITHIN 3 (THREE) MONTHS AFTER THE FORMATION OF THE CONTRACT. .

 

 

ARTICLE 5: PAYMENT

 

AFTER FINALIZING THE ORDER, THE BUYER WILL MAKE PAYMENT INTO A BANK ACCOUNT SPECIFIED BY THE SUPPLIER. PAYMENT MUST BE MADE IN EUROS, UNLESS EXPRESSLY OTHERWISE AGREED IN WRITING.

IF PAYMENT IS MADE BY VISA/MASTERCARD, THE SUPPLIER WILL BE ENTITLED TO CHECK THE VALIDITY OF THE CARD, TO CHECK THE SPENDING LIMIT AVAILABLE FOR THE DEBITING OF THE TOTAL AMOUNTS AND TO CHECK THE CORRECTNESS OF THE BUYER'S ADDRESS DETAILS. THE SUPPLIER RESERVES THE RIGHT TO REFUSE THE PURCHASE.

A FEE WILL BE CHARGED FOR PAYMENTS VIA PAYPAL, WHICH FEE WILL BE CHARGED BY THE SUPPLIER TO THE BUYER. THE AMOUNT OF THE FEE WILL BECOME VISIBLE ON THE WEBSITE DURING THE ORDERING PROCESS, BEFORE PAYMENT IS MADE AND THEREFORE BEFORE THE FINAL PLACEMENT OF THE ORDER.

THE BUYER MAY ALSO MAKE USE OF IDEAL. IN THAT CASE, THE BUYER WILL MAKE IMMEDIATE PAYMENT VIA HIS OWN BANK, DURING THE ORDERING PROCESS. ANY COSTS RELATED TO THE USE OF IDEAL WILL BE BORNE BY THE BUYER.

 

 

ARTICLE 6: DELIVERY

 

PRODUCTS WILL BE DELIVERED AT THE ADDRESS SPECIFIED BY THE BUYER.

THE SUPPLIER WILL EFFECT DELIVERY WITHIN 30 (THIRTY) DAYS, UNLESS A DIFFERENT DELIVERY PERIOD HAS BEEN AGREED UPON. THE DELIVERY PERIOD (AGREED OR OTHERWISE) WILL START WHEN THE SUPPLIER HAS RECEIVED PAYMENT FROM THE BUYER.

THE SUPPLIER ALWAYS USES THE FOLLOWING INDICATIVE DELIVERY PERIODS, WHEREBY ORDERS THAT ARE PLACED ON WORKING DAYS BEFORE 2.00 PM ARE DISPATCHED THAT SAME DAY AND ORDERS THAT ARE PLACED DURING THE WEEKEND OR ON PUBLIC HOLIDAYS ARE DISPATCHED THE NEXT WORKING DAY:

THE NETHERLANDS (ZONE 1): 1 – 2 WORKING DAYS;

EU MEMBER STATES (ZONE 2): 2 – 6 WORKING DAYS;

NORWAY AND SWITZERLAND (ZONE 3): 3 – 6 WORKING DAYS;

OTHER COUNTRIES (ZONE 4): 8 – 10 WORKING DAYS.

IF THE DELIVERY IS DELAYED OR IF AN ORDER CANNOT BE EXECUTED OR CAN ONLY BE EXECUTED IN PART, THE BUYER WILL BE INFORMED OF THIS WITHIN 30 DAYS AFTER HAVING PLACED THE ORDER. IN THAT CASE, THE BUYER WILL BE ENTITLED TO DISSOLVE THE CONTRACT FREE OF CHARGE. IF THE BUYER DISSOLVES THE CONTRACT FOR THE REASON MENTIONED ABOVE, THE SUPPLIER WILL IMMEDIATELY REFUND THE AMOUNT PAID BY THE BUYER.
THE SUPPLIER WILL BE ENTITLED TO EFFECT ITS DELIVERIES IN CONSIGNMENTS.

UNLESS THE PARTIES AGREE OTHERWISE, THE PRODUCTS WILL BE DISPATCHED IN A MANNER TO BE DETERMINED BY THE SUPPLIER. THE SUPPLIER WILL NOT BE LIABLE FOR ANY DAMAGE WHATSOEVER RELATED TO THE DISPATCH OF THE PRODUCTS.

THE BUYER GUARANTEES THAT THE DELIVERY ADDRESS AGREED UPON IS CORRECT AND COMPLETE AND THAT THE PRODUCTS CAN ACTUALLY BE DELIVERED AT THAT ADDRESS. IF DELIVERY OF THE PRODUCTS APPEARS TO BE IMPOSSIBLE, THE SUPPLIER WILL BE AT LIBERTY TO DELIVER THE PRODUCTS, AT THE BUYER'S RISK, AT THE MOST SUITABLE LOCATION - IN THE OPINION OF THE SUPPLIER AND/OR ITS TRANSPORTER - IN THE IMMEDIATE VICINITY OF THE DELIVERY ADDRESS AGREED UPON, OR TO TAKE THE PRODUCTS BACK AT THE BUYER'S RISK AND EXPENSE, POSSIBLY STORE THEM ELSEWHERE AND/OR POSSIBLY DELIVER THEM AT A LATER TIME.

THE RISK OF THE PRODUCTS TO BE DELIVERED WILL PASS TO THE BUYER WHEN THE PRODUCTS ARE ACTUALLY AVAILABLE TO HIM OR TO A THIRD PARTY DESIGNATED BY HIM (NOT BEING THE CARRIER).

 

 

ARTICLE 7: INSPECTION

 

THE BUYER WILL BE OBLIGED TO INSPECT, UPON DELIVERY OF THE PRODUCTS, IF THE RIGHT PRODUCTS HAVE BEEN DELIVERED IN THE RIGHT QUANTITY AND IF THE PRODUCTS ARE UNDAMAGED.

ANY DEFECTS IN OR DAMAGE TO PRODUCTS AND/OR PACKAGING WHICH ARE OR COULD BE DISCOVERED UPON DELIVERY SHOULD BE MENTIONED BY THE BUYER ON THE DELIVERY ORDER, THE INVOICE AND/OR THE TRANSPORT DOCUMENTS OR SHOULD, IF THIS IS NOT DONE, BE REPORTED BY THE BUYER TO THE SUPPLIER WITHIN 24 HOURS, FOLLOWED BY A DETAILED WRITTEN CONFIRMATION OF THE COMPLAINT. IF SUCH COMPLAINTS ARE NOT REPORTED IN TIME, THE GOODS ARE DEEMED TO HAVE BEEN RECEIVED IN GOOD CONDITION.

 

 

ARTICLE 8: REFLECTION PERIOD AND RIGHT OF WITHDRAWAL

 

AS THE CONTRACT WAS CONCLUDED VIA THE WEBSITE AND THEREFORE AWAY FROM THE SUPPLIER'S BUSINESS PREMISES, THE BUYER WILL HAVE A REFLECTION PERIOD OF 14 (FOURTEEN) CALENDAR DAYS, WITHIN WHICH THE BUYER MAY DISSOLVE THE CONTRACT WITHOUT STATING ANY REASON.

THE REFLECTION PERIOD REFERRED TO IN PARAGRAPH 1 WILL COMMENCE THE DAY AFTER THE BUYER, OR A THIRD PARTY WHO HAS BEEN DESIGNATED BY THE BUYER IN ADVANCE AND WHO IS NOT THE CARRIER, HAS RECEIVED THE PRODUCT, OR, IF THE BUYER HAS ORDERED SEVERAL PRODUCTS IN ONE ORDER, THE DAY ON WHICH THE BUYER, OR A THIRD PARTY DESIGNATED BY HIM, HAS RECEIVED THE LAST PRODUCT. THE SUPPLIER HAS THE RIGHT TO REFUSE AN ORDER OF SEVERAL PRODUCTS WITH DIFFERENT DELIVERY PERIODS.

IF THE RIGHT OF WITHDRAWAL IS EXERCISED AND THE CONTRACT IS THEREFORE DISSOLVED, THE PRODUCTS TO WHICH THE DISSOLUTION PERTAINS WILL HAVE TO BE RETURNED TO THE SUPPLIER, AFTER WHICH THE SUPPLIER WILL HAVE TO REFUND THE PURCHASE PRICE PAID FOR THE PRODUCTS AND ANY DELIVERY COSTS TO THE BUYER.

 

 

ARTICLE 9: OBLIGATIONS OF THE BUYER DURING THE REFLECTION PERIOD AND EXERCISE OF THE RIGHT OF WITHDRAWAL

 

DURING THE REFLECTION PERIOD, THE BUYER SHOULD HANDLE THE PRODUCT AND ITS PACKAGING WITH DUE CARE. THE PRODUCT MAY ONLY BE UNPACKED TO THE EXTENT REQUIRED IN ORDER TO DETERMINE THE NATURE, FEATURES AND FUNCTIONING OF THE PRODUCT. THE BUYER MAY ONLY USE AND INSPECT THE PRODUCT AS HE WOULD BE ALLOWED TO DO IN A PHYSICAL POINT OF SALES.

THE BUYER WILL BE LIABLE FOR ANY DECREASE IN THE VALUE OF THE PRODUCT AS A RESULT OF HANDLING THE PRODUCT IN A WAY THAT EXTENDS BEYOND THE HANDLING PERMITTED IN PARAGRAPH 1.

IF THE BUYER EXERCISES HIS RIGHT OF WITHDRAWAL, HE MUST RETURN THE PRODUCTS TO BE RETURNED TO THE SUPPLIER WITHIN THE REFLECTION PERIOD, ALONG WITH A WRITTEN, UNAMBIGUOUS STATEMENT THAT THE BUYER EXERCISES HIS RIGHT OF WITHDRAWAL. THE BUYER MAY USE THE ENCLOSED RETURN FORM FOR THIS.

 

 

ARTICLE 10: OBLIGATIONS OF THE SUPPLIER IN CASE OF A WITHDRAWAL

 

THE SUPPLIER WILL REIMBURSE ALL PAYMENTS MADE BY THE BUYER, INCLUDING ANY DELIVERY COSTS CHARGED BY THE SUPPLIER FOR THE PRODUCT RETURNED AND WILL DO SO IMMEDIATELY, BUT WITHIN 14 DAYS FOLLOWING THE DAY ON WHICH THE BUYER REPORTS THE WITHDRAWAL TO THE SUPPLIER. THE SUPPLIER IS ENTITLED TO DELAY ITS REPAYMENT UNTIL IT HAS RECEIVED THE PRODUCT OR UNTIL THE BUYER DEMONSTRATES THAT HE HAS RETURNED THE PRODUCT, WHICHEVER IS THE EARLIEST.

THE SUPPLIER WILL NOT BE OBLIGED TO REIMBURSE ANY ADDITIONAL COSTS INCURRED BECAUSE THE BUYER HAS EXPRESSLY OPTED FOR A DELIVERY METHOD OTHER THAN THE LEAST EXPENSIVE STANDARD DELIVERY METHOD OFFERED BY THE SUPPLIER.

THE SUPPLIER IS ENTITLED TO REFUSE ANY PRODUCTS RETURNED OR ONLY REFUND PART OF THE PAYMENTS RECEIVED FROM THE BUYER IF THE PRODUCTS ARE NOT IN THEIR ORIGINAL PACKAGING, HAVE BEEN PROCESSED OR USED (OTHER THAN NECESSARY IN ORDER TO DETERMINE THE NATURE, FEATURES AND FUNCTIONING OF THE GOODS) AND/OR ARE DAMAGED. THE SUPPLIER WILL THEN NOTIFY THE BUYER IMMEDIATELY AFTER RECEIPT OF THE PRODUCTS.

 

 

ARTICLE 11: RETURNS

 

THE BUYER IS ENTITLED TO EXCHANGE THE PRODUCT RECEIVED IF:

THE WRONG PRODUCT HAS BEEN DELIVERED TO THE BUYER; AND/OR

THE PRODUCT SHOWS A DEFECT UPON DELIVERY; AND/OR

THE SIZE OF THE PRODUCT RECEIVED IS TOO SMALL OR TOO LARGE; AND/OR

THE BUYER WANTS THE PRODUCT IN A DIFFERENT COLOUR.

IF THE BUYER WANTS TO EXCHANGE THE PRODUCT FOR ONE OF THE REASONS REFERRED TO IN PARAGRAPH 1, THE BUYER 
MUST RETURN THE PRODUCT TO BE RETURNED TO THE SUPPLIER, WITHIN 14 (FOURTEEN) 
DAYS AFTER THE DAY ON WHICH THE BUYER, OR A THIRD PARTY NOT BEING THE CARRIER AND DESIGNATED BY THE BUYER IN 
ADVANCE, HAS RECEIVED THE PRODUCT. THE BUYER HAS TO SEND AN EMAIL

IN THE EMAIL, THE BUYER SHOULD STATE THE REASON FOR THE RETURN. 
IF A PRODUCT SHOWS A VISIBLE DEFECT UPON DELIVERY, THE COMPLAINT AND THE DEFECTS SHOULD BE SPECIFIED IN THE EMAIL

 

 

ARTICLE 12: RETURN POLICY

 

IN ALL CASES, RETURNS MUST BE SUFFICIENTLY STAMPED AND SENT BY THE BUYER TO THE SUPPLIER (OR AN AUTHORISED REPRESENTATIVE OF THE SUPPLIER), UNLESS THE PARTIES HAVE OTHERWISE AGREED IN WRITING. 

THE BUYER WILL RETURN THE PRODUCT ALONG WITH ALL ACCESSORIES DELIVERED, IN ITS ORIGINAL STATE AND PACKAGING AND IN ACCORDANCE WITH THE INSTRUCTIONS GIVEN BY THE SUPPLIER. THIS MEANS THAT ANY RETURNED PRODUCTS MUST BE NEWLY MANUFACTURED, UNDAMAGED, UNWORN AND UNWASHED. THE PRODUCTS SHOULD STILL BEAR ALL ORIGINAL LABELS AND HANGTAGS AS ATTACHED THERETO BY THE SUPPLIER. THE COSTS OF ANY MISSING PRODUCTS AND DAMAGED PACKAGINGS WILL BE REIMBURSED BY THE BUYER TO THE SUPPLIER.

IF THE BUYER RETURNS PRODUCTS TO THE SUPPLIER WITHOUT THE LATTER'S PERMISSION, THE SUPPLIER WILL NEVER BE OBLIGED TO CREDIT THESE PRODUCTS TO THE BUYER. ANY PRODUCTS RETURNED WITHOUT PERMISSION WILL BE AT THE SUPPLIER'S DISPOSAL.

THE RISK AND BURDEN OF PROOF WITH RESPECT TO A CORRECT AND TIMELY EXERCISE OF THE RIGHT OF WITHDRAWAL AND A TIMELY RETURN OF THE PRODUCTS, IRRESPECTIVE OF THE REASON FOR SUCH EXERCISE OR RETURN, LIES WITH THE BUYER.

THE SUPPLIER WILL PROCESS THE RETURN SHIPMENT AFTER IT HAS RECEIVED THE RETURNED PRODUCT (WHETHER OR NOT IN GOOD TIME) AND IF ALL OTHER REQUIREMENTS AS REFERRED TO IN ARTICLES 11 AND 12 HAVE BEEN MET. 

PROVIDED THAT THE PRODUCT FOR WHICH THE BUYER WANTS TO EXCHANGE THE RETURNED PRODUCT IS IN STOCK, THE SUPPLIER WILL ENSURE THAT THIS PRODUCT IS DELIVERED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 6. IF THE DESIRED PRODUCT IS NOT IN STOCK, THE SUPPLIER WILL NOTIFY THE BUYER OF THIS AS SOON AS POSSIBLE AND WILL, IN THAT CASE, REFUND TO THE BUYER THE AMOUNT THE BUYER PAID FOR THE PRODUCT.

 

 

ARTICLE 13: COMPLAINTS

 

ANY DEFECTS WHICH WERE NOT VISIBLE ON THE OUTSIDE AT THE TIME OF DELIVERY OR DID NOT BECOME APPARENT DURING 
THE INSPECTION AS REFERRED TO IN ARTICLE 7.1 OF THESE TERMS AND CONDITIONS, AND WHICH MANIFEST THEMSELVES 
WITHIN THE GUARANTEE PERIOD AS REFERRED TO IN ARTICLE 14.1 OF THESE TERMS AND CONDITIONS MUST BE REPORTED 
BY THE BUYER TO THE SUPPLIER WITHIN 3 (THREE) WEEKS AFTER SUCH DEFECTS HAVE BECOME APPARENT, OR THE 
MOMENT WHEN THESE COULD REASONABLY HAVE BEEN DISCOVERED. THE COMPLAINT MUST BE FILED IN WRITING, ALONG 
WITH A DETAILED DESCRIPTION OF THE COMPLAINT AND DEFECT(S).

THE SUPPLIER, BEING A REASONABLY ACTING SUPPLIER, WILL BE THE SOLE JUDGE AS TO WHETHER THE DEFECTS REPORTED 
BY THE BUYER ARE JUSTIFIED. WHEN REQUESTED, THE BUYER WILL PROVIDE THE SUPPLIER WITH ALL INFORMATION THE 
SUPPLIER DEEMS RELEVANT IN THIS RESPECT. A DEFECT WILL ONLY EXIST IF THE PRODUCT DOES NOT FULLY CONFORM TO THE 
GUARANTEES REFERRED TO IN ARTICLE 14.1 OF THESE TERMS AND CONDITIONS.

AFTER EXPIRY OF THE PERIODS REFERRED TO, PRODUCTS ARE DEEMED TO HAVE BEEN RECEIVED BY THE BUYER IN GOOD 
MOREOVER, THE BUYER'S RIGHT OF COMPLAINT WILL LAPSE AND COMPLAINTS WILL NO LONGER BE HANDLED BY 
THE SUPPLIER.

ANY OF THE BUYER'S CLAIMS AGAINST THE SUPPLIER RELATING TO DEFECTS IN PRODUCTS DELIVERED WILL LAPSE IF:
THE BUYER DOES NOT COOPERATE OR COOPERATES ONLY PARTIALLY WITH RESPECT TO AN INVESTIGATION INTO THE MERITS OF THE COMPLAINTS;
THE BUYER FAILED TO HANDLE, USE OR STORE THE PRODUCTS CORRECTLY, OR HANDLED, USED OR STORED THE PRODUCTS UNDER CIRCUMSTANCES OTHER THAN ENVISAGED BY THE SUPPLIER.

ANY DEFECTS IN QUALITY OR DESIGN OF A SEPARATE PRODUCT IN ONE DELIVERY CONSISTING OF SEVERAL PRODUCTS WILL NOT 
CONSTITUTE A GROUND FOR DISSOLVING ALL OR PART OF THE CONTRACT.

 

 

ARTICLE 14: GUARANTEE

 

THE SUPPLIER ONLY GUARANTEES THAT ITS PRODUCTS COMPLY WITH THE SPECIFICATIONS AGREED UPON AND ARE SUITABLE 
FOR THE PURPOSE FOR WHICH THEY HAVE BEEN DEVELOPED AND MANUFACTURED BY THE SUPPLIER. THE SUPPLIER 
GUARANTEES THAT THE PRODUCTS DELIVERED BY IT ARE FREE FROM DESIGN FAULTS, FAULTY MATERIAL AND MANUFACTURING 

IF THE BUYER FILED A COMPLAINT WITHIN THE PERIOD AS REFERRED TO IN ARTICLE 13.1, THE SUPPLIER CONSIDERED THE 
COMPLAINT TO BE JUSTIFIED AND THE GUARANTEE PERIOD AS REFERRED TO IN ARTICLE 14.1 HAS NOT YET EXPIRED, THE 
SUPPLIER WILL, AT ITS DISCRETION, ENSURE THAT:
THE DEFECTS ARE REMEDIED (FREE OF CHARGE);
REPLACEMENT PRODUCTS ARE DELIVERED AFTER THE DEFECTIVE PRODUCTS HAVE BEEN RETURNED;
THE PURCHASE PRICE RECEIVED IS REFUNDED/THE INVOICE SENT TO THE BUYER IS CREDITED, DISSOLVING THE CONTRACT CONCLUDED WITHOUT ANY JUDICIAL INTERVENTION. ALL THIS INSOFAR AS THE PURCHASE PRICE, THE INVOICE AND THE CONTRACT PERTAIN TO THE DEFECTIVE PRODUCTS DELIVERED.

WHEN A CLAIM IS MADE UNDER THE GUARANTEE, THE SUPPLIER WILL ONLY ACCEPT RETURNS IF IT HAS GIVEN ITS PRIOR 
WRITTEN PERMISSION FOR THE RETURN SHIPMENT OF THE PRODUCTS. IN THAT CASE, THE PRODUCTS MUST BE PROPERLY 
PACKED WHERE NECESSARY AND BE DISPATCHED ON A DDP BASIS.

IF THE BUYER HAS MADE REPAIRS AND/OR CHANGES TO THE PRODUCTS WITHOUT THE SUPPLIER'S EXPRESS PRIOR 
PERMISSION IN WRITING, ANY OBLIGATION OF THE SUPPLIER UNDER THE GUARANTEE WILL LAPSE.

 

 

ARTICLE 15: LIABILITY

 

WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLES 13 AND 14 OF THESE TERMS AND CONDITIONS, THE SUPPLIER'S LIABILITY FOR LOSS SUFFERED BY THE BUYER WILL BE LIMITED TO THE PROVISIONS OF THIS ARTICLE.

THE SUPPLIER WILL NOT BE LIABLE FOR ANY LOSS, OF WHATEVER NATURE, CAUSED BY THE SUPPLIER HAVING USED INCORRECT AND/OR INCOMPLETE DATA PROVIDED BY OR ON BEHALF OF THE BUYER.

THE SUPPLIER WILL NEVER BE LIABLE FOR ANY CONSEQUENTIAL LOSS (INDIRECT LOSS) SUFFERED BY THE BUYER. CONSEQUENTIAL LOSS IS UNDERSTOOD TO INCLUDE LOSS OF PROFITS, LOSSES SUFFERED AND COSTS INCURRED, AS WELL AS MISSED ORDERS AND LOST SAVINGS, LOSS DUE TO INTERRUPTIONS OF PRODUCTION OR OPERATIONS OR STAGNATION.

SHOULD THE SUPPLIER BE LIABLE FOR ANY LOSS, THE SUPPLIER'S LIABILITY WILL BE LIMITED TO NO MORE THAN THREE TIMES THE INVOICE VALUE OF THE RELEVANT CONTRACT, OR TO THE PART OF THE CONTRACT TO WHICH THE LIABILITY PERTAINS.

THE LIMITATIONS OF LIABILITY INCLUDED IN THIS ARTICLE WILL NOT APPLY IF AND INSOFAR AS THE SUPPLIER'S LIABILITY FOR THE RELEVANT LOSS IS INSURED AND PAYMENT IS MADE UNDER THE RELEVANT INSURANCE POLICY. IF THE SUPPLIER HAS TAKEN OUT SUCH INSURANCE, IT WILL NOT BE OBLIGED TO ENFORCE ANY RIGHTS UNDER THIS INSURANCE IF IT IS HELD LIABLE BY THE BUYER.

THE SUPPLIER STIPULATES ALL STATUTORY AND CONTRACTUAL DEFENCES WHICH IT MAY INVOKE IN ORDER TO SHIELD ITSELF FROM ITS OWN LIABILITY TOWARDS THE BUYER, ALSO ON BEHALF OF ITS SUBORDINATES AND THE NON-SUBORDINATES FOR WHOSE ACTIONS IT IS LIABLE PURSUANT TO THE LAW.
THE FOREGOING WILL NOT AFFECT THE SUPPLIER'S LIABILITY UNDER MANDATORY STATUTORY PROVISIONS.

 

 

ARTICLE 16: FORCE MAJEURE

 

A SITUATION OF FORCE MAJEURE EXISTS ON THE PART OF THE SUPPLIER IF THE SUPPLIER IS PREVENTED FROM MEETING ITS 
OBLIGATIONS UNDER THE CONTRACT AS A RESULT OF CIRCUMSTANCES THAT OCCURRED THROUGH NO FAULT OR BEYOND THE 
CONTROL OF THE SUPPLIER. SITUATIONS OF FORCE MAJEURE INCLUDE, BUT ARE NOT LIMITED TO, WAR/DANGER OF WAR, 
TERRORISM OR THREAT OF TERRORISM, CIVIL WAR, RIOTING, REVOLUTION, WILFUL DAMAGE, FIRE, WATER DAMAGE, FLOODING, 
GOVERNMENT MEASURES, IMPORT AND EXPORT BARRIERS, DEFECTS IN MACHINERY, WORK STRIKE, SIT-DOWN STRIKE, 
LIMITED TRANSPORT POSSIBILITIES DUE TO WEATHER CONDITIONS AND TRAFFIC CONGESTION, SUPPLIERS AND/OR 
SUBCONTRACTORS OF THE SUPPLIER AND/OR OTHER THIRD PARTIES ENGAGED BY THE SUPPLIER FAILING TO MEET THEIR 
OBLIGATIONS (OR FAILING TO DO SO IN TIME) AND FAILURES IN THE SUPPLY OF ENERGY AND WATER IN THE SUPPLIER'S 
WITHOUT PREJUDICE TO THE SUPPLIER'S OTHER RIGHTS, THE SUPPLIER WILL, WITHOUT ANY NOTICE OF DEFAULT BEING 
REQUIRED AND WITHOUT BEING OBLIGED TO PAY ANY COMPENSATION, BE ENTITLED TO DISSOLVE ALL OR PART OF THE 
CONTRACT IF IT IS TEMPORARILY OR PERMANENTLY IMPOSSIBLE FOR THE SUPPLIER TO PROPERLY PERFORM ALL OR PART OF THE 
CONTRACT DUE TO A SITUATION OF FORCE MAJEURE, OR TO SUSPEND THE (FURTHER) PERFORMANCE OF THE CONTRACT FOR THE 
DURATION OF THE SITUATION OF FORCE MAJEURE.

 

 

ARTICLE 17: INTELLECTUAL PROPERTY RIGHTS

 

THE SUPPLIER RESERVES ALL INTELLECTUAL PROPERTY RIGHTS TO THE OFFERS MADE BY IT, ORDER CONFIRMATIONS, DESIGNS, 
IMAGES AND DRAWINGS PROVIDED, IMAGES, DRAWINGS, CATALOGUES AND/OR BROCHURES PUBLISHED ON THE WEBSITE, 
AND TO THE PRODUCTS DELIVERED WITHIN THE FRAMEWORK OF THE CONTRACT, AND SUCHLIKE, IRRESPECTIVE OF WHETHER 
COSTS FOR THE MANUFACTURING THEREOF HAVE BEEN CHARGED TO THE BUYER. WITHOUT THE SUPPLIER'S EXPRESS PRIOR 
PERMISSION IN WRITING, SUCH DATA AND ITEMS MAY NOT BE COPIED, USED OR SHOWN TO THIRD PARTIES.
THE BUYER IS NOT ALLOWED TO REMOVE OR CHANGE ANY DESIGNATION OF COPYRIGHTS, BRANDS, TRADE NAMES OR OTHER 
INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS OR LABELS FROM THE ITEMS REFERRED TO IN PARAGRAPH 1 OF THIS ARTICLE.

 

 

ARTICLE 18: OTHER PROVISIONS

 

ANY DEVIATIONS FROM AND SUPPLEMENTS TO THE CONTRACT, THE ORDER AND/OR THE TERMS AND CONDITIONS WILL ONLY 
BE VALID IF THEY HAVE BEEN AGREED UPON IN WRITING.
THE SUPPLIER IS ENTITLED TO TRANSFER ITS RIGHTS AND OBLIGATIONS ARISING FROM THE CONTRACT TO A THIRD PARTY. IF THIS 
SITUATION ARISES, THE BUYER STATES THAT HE WILL GIVE PERMISSION FOR THIS.

 

 

ARTICLE 19: GOVERNING LAW AND COMPETENT COURT

 

THE LEGAL RELATIONSHIPS BETWEEN THE SUPPLIER AND THE BUYER, OF WHATEVER NATURE, ARE GOVERNED BY DUTCH 
THE COMPETENT COURT OF AMSTERDAM WILL BE EXCLUSIVELY COMPETENT TO HEAR ANY DISPUTES BETWEEN THE 
SUPPLIER AND THE BUYER, UNLESS THIS IS CONTRARY TO MANDATORY LAW. THE SUPPLIER MAY DEPART FROM THIS RULE ON 
JURISDICTION AND APPLY THE STATUTORY RULES ON JURISDICTION.