Terms and Conditions
DELIVERY AND PAYMENT CONDITIONS
of the private limited company Space Promotion B.V., established and having its registered office in Kerkrade. (Chamber of Commerce 14060857)
1. Validity of these terms and conditions
1.1 These terms and conditions apply to all offers, agreements and / or assignments by Space Promotion B.V. (also called saleswoman) entered into with third parties.
1.2 If the client uses delivery, sales or purchase conditions that deviate from our conditions, they will not bind us unless they are expressly accepted in writing.
1.3 A client who has once purchased the terms and conditions of the seller from this is deemed to have tacitly agreed to the applicability of these terms and conditions, possibly orally, in writing, by telephone, electronically or otherwise. order has been confirmed in writing.
2.1 All offers and quotations are without obligation, unless they contain a period for acceptance.
2.2 We have the right to refuse an assignment without giving reasons.
3.1 Price quotes are always made on the basis of the purchase prices applicable at that time. If afterwards price increases should occur (eg due to changes in the dollar rate, increase of duties, excise duties, etc.) then we reserve the right to pass on the price difference to the client.
3.2 The prices quoted are always exclusive of sales tax.
3.3 Any discounts are granted per transaction and do not give any entitlement to those discounts for subsequent transactions.
4. Cancellation and change
4.1 Our permission is required for canceling an order. In the event of cancellation of an assignment given to us, all costs incurred by us in respect of that assignment are at the expense of the client, on the understanding that the client is in any case obliged to pay us at least 20% of the principal sum in respect of cancellation fees due to us. products specially ordered for the client and a minimum of 10% in accordance with other products, without being obliged to prove that the reported costs were actually incurred by us.
4.2 The provisions of the previous article are without prejudice to our right to compensation for loss of profit arising from the other damage resulting from the cancellation in question.
4.3 If the seller is prevented by force majeure or other circumstances beyond her control from fully or partially executing the agreement, she is entitled, at her option, to suspend execution until the force majeure or those circumstances have ceased to exist or to declare the agreement dissolved in whole or in part by a letter or fax addressed to the client, without being obliged to pay any compensation.
5. Delivery and transportation
5.1 Specified delivery times will never be regarded as a strict deadline and are set approximately, unless explicitly agreed otherwise.
5.2 Transport of the goods to be delivered will take place at the expense of the client, unless stipulated otherwise.
6. Retention of title
6.1 The ownership of the delivered goods is transferred from us to the buyer after the buyer has paid the purchase price and everything else that she owes the seller under this agreement (incl. any interest and fines). < / p>
6.2 In the event that the buyer does not fulfill any obligation from the agreement, the seller is entitled to take back the goods without notice of default. The buyer authorizes the seller to enter the place where these items are located.
6.3 The buyer is obliged to inform us immediately if any goods that are subject to our retention of title are seized.
6.4 It is not permitted to pledge the goods in whole or in part to third parties or to transfer ownership thereof outside the normal course of business until full payment has been made.
7.1 Any complaints must be made in writing immediately, but no later than within 8 days after receipt of the goods or the performance of the services, in order to give the seller the opportunity to investigate the correctness and nature of the complaint. p>
7.2 The client who has not checked the suitability of the delivered within 8 days after receipt thereof, is deemed to have approved the delivery or the operation.
7.3 Goods supplied by us will only be taken back if a complaint is made within the time limit, and must be delivered to our warehouse free of charge within 7 days after complaint has been received.
7.4 The value of the returned goods, insofar as delivered within the set periods, is fully credited if the reason for complaint is entirely due to the saleswoman. If the reason for the complaint is due to the buyer, and / or the delivery has not taken place within the specified periods, crediting will take place after deduction of 15% handling costs, with a minimum of 5 per item, regardless of the number. p>
8.1 Slight deviations in quality, which normally cannot be prevented, or are generally permitted according to trade practices, cannot provide grounds for advertising.
8.2 When assessing whether a delivery deviates outside the permissible limits, an average must be taken from the delivery. Some instances cannot therefore be rejected.
9.1 Subject to the provisions of Article 9.3, the seller provides a guarantee on material and manufacturing defects on the goods delivered by her. This guarantee only means that the seller will, to the best of her ability, correct these errors (or have them repaired) or replace the goods with a minimum equivalent product. Products or parts thereof that are replaced by the saleswoman (or her legal representative) become the property of the saleswoman.
9.2 The warranty does not apply if the errors are wholly or partly the result of incorrect, careless or incompetent use and / or use for other than normal (business) purposes, from external causes (for example moisture, incorrect mains voltage) , lightning strike, static electricity, etc.) or that the products have been modified by others than the saleswoman, cq. damaged or opened. If there is an error outside the warranty and / or warranty period, the product will be returned to the buyer at the expense of the buyer, whereby 25, - handling costs will also be charged.
9.3 Unless otherwise agreed and / or communicated in writing by the saleswoman in price lists and the like, a warranty period of 24 months after the time of invoicing applies to the goods delivered by the saleswoman. If products are offered by the seller with a guarantee period longer than 24 months, then this longer guarantee period is based on a longer factory guarantee offered by the manufacturer (or its representative by law) to the seller. The saleswoman offers this longer warranty period on behalf of the manufacturer and subject to the possibility for the saleswoman to make a permanent appeal to the manufacturer for this longer warranty period. Any products supplied by the seller for replacement have a warranty period of a maximum of 24 months, limited to the end of the warranty period of the originally delivered product. If products are supplied with a longer warranty period stated on the packaging and / or in the description, then the buyer must report directly to the manufacturer or his representative after the 24-month period has expired for recourse to this longer warranty period. p>
9.4 For a number of products, the seller acts as a representative of manufacturers of products that themselves handle warranty problems, either directly or through the involvement of third parties who perform the warranty service on behalf of the manufacturer. In the event that a warranty claim is necessary, the buyer must contact the manufacturer or the third party designated by the manufacturer directly.
9.5 The warranty provisions only apply to parts and assemblies. A claim under warranty due to normal wear and tear occurring during the warranty period is expressly excluded. No guarantee is given on consumer goods (for example, but not limited to ink cartridges and toners of printers), unless explicitly promised in writing by the saleswoman. A limited warranty of 6 months applies to batteries.
9.6 The warranty is voided if a serial number provided by the supplier has been removed or is no longer legible due to damage. Insofar as there are warranty seals affixed by the vendor, the buyer is recommended not to remove them, as this can considerably delay the handling of the warranty claim.
9.7 The seller expressly disclaims its responsibility for damage as a result of loss of data stored on media such as hard disks, floppys, etc. The seller is only responsible for replacement or. repair of or compensation for the products concerned and to the extent that these warranty provisions apply. The buyer must take safety measures himself to protect data that is in or near the equipment. The saleswoman will never be responsible for any loss of data.
9.8 A claim under the guarantee can only be honored if the buyer uses the then applicable procedure of the seller.
10.1 If the seller is held liable for damage due to inadequate delivery, she is solely liable for the (demonstrable) damage that is the direct or immediate consequence of the execution of the agreement by the seller, provided that the liability for damage is limited to crediting the purchase price of the products of the relevant delivery immediately after receipt in the saleswoman's warehouse.
10.2 Following on from the previous article, we explicitly assume our liability for consequences or. business damage with regard to shortcomings and / or defects.
10.3 We are not liable for damage caused to or by the delivered goods if, inter alia, the result of incorrect and / or inadequate cooling, storage, display (etc.) of these goods.
10.4 The client is obliged to indemnify us and to compensate us for all costs, damage and interests that may have arisen as a direct consequence or indirect consequence of claims by third parties against us in respect of incidents, acts or omissions for which we are not liable are.
11. Payment conditions
11.1 Payment must be made, without any discount, within the number of days after the invoice date as recorded on the invoices, by deposit or transfer to a bank account specified by us, whereby the payment date is the value date as specified by our bank after receipt of the payment.
11.2 In the event that the payment term is exceeded, the buyer is legally in default without any notice of default being required and the buyer is obliged to pay an interest of 1% per month on the amount due for the duration of the default. .
11.3 All judicial and extrajudicial costs that we must incur are at the expense of the defaulting buyer. The extrajudicial costs amount to 15% of the outstanding amount including any interest owed, with a minimum of 100.
11.4 The other party is not permitted to deduct from the other party's payment obligations the seller's payment obligations against what the other party owes, unless agreed otherwise with the seller.
12. Applicable Law and Disputes.
12.1 All agreements and transactions are governed by Dutch law.
12.2 With due observance of Article 100 of the Code of Civil Procedure, all disputes arising from or in connection with an agreement between Space Promotion B.V. and its customer concluded agreement to the exclusive jurisdiction of the competent court in Heerlen, on the understanding that Space Promotion B.V. retains the right to submit any dispute to the court that has jurisdiction in the place of residence of the customer.