GENERAL TERMS AND CONDITIONS FOR DELIVERY AND PAYMENT
The original Dutch text of these General Terms and Conditions shall prevail over versions published in any other language
In these terms and conditions the V.O.F. “Ecri Living” is indicated as “we” and the person/entity that gives the order is indicated as “the Buyer”. These terms and conditions are valid for all our offers and deliveries. Agreements made orally and by telephone have to be verified by us in writing in order for the offer to be binding. Any deviation in the existing terms and conditions will only be binding after our written consent.
All offers, price indications, periodical statements of terms and conditions and delivery dates are not binding.
All prices are understood as net prices, excluding VAT and transportation costs and are stated in Euros.
Orders are binding on the Buyer immediately after the Buyer has supplied us. However, only after our written acceptance is the order binding on us. Promises and/or offers of/to our representatives or other subordinates or agents are only binding if we have confirmed them in writing.
- Payment shall be due within 8 days after the date of invoice.
- We are at all times entitled to claim full or partial payment in advance of the amount of the order.
- In case of late payment, we are entitled by law, without further default being required, to receive interest on the principle sum due of 1.5% per month, respective part of the month, from the date of expiration.
- If we have trusted out of our hands the claim to collect, the single fact of late payment creates the obligation for the Buyer to pay a fine of 15% on the principle sum due, without any summons or default being required. This amount, which cannot be reduced by law, is minimally 70 Euro. This fine is due no matter if the Buyer is convicted of the costs of any legal procedure and no matter the right of the Buyer to demand.
We shall retain title to the sold and supplied goods until full payment has been made of all claims against the Buyer. Before full payment, the Buyer is not entitled to pawn or use the goods as security for a third party in any sense. Neither is the Buyer entitled to process the goods or transfer title, rent or loan the goods, other than according to its normal usage or aim. In case of late payment by the Buyer we have the right to recover the sold goods without summons or default.
- Return shipments without our prior written consent are not accepted.
- Complaints about the quality of the supplied goods, possible errors in the composition of the shipment or invoices must be presented to us within 8 days after receipt of the goods in order to be valid. The invoices should be presented to us with a detailed written description of the complaint and always stating the date and invoice number concerned.
- Complaints about hidden defaults will only be valid if done in writing within 8 days after the Buyer finds the default or it reasonably could have shown, while stating the date of invoice and number.
- Complaints do not give the Buyer the right to delay payment. If a complaint is just, we will pay, at our choice, the goods or parts concerned or a reasonable compensation of the invoice value of the supplied goods about which is complained, on the understanding that possible delivery costs and costs of wages will be passed on to the Buyer.
- We are not liable for any other indemnification or compensation for indirect damages.
- Resale and/or usage of all our items is the full responsibility of the Buyer.
If the delivery time is exceeded or the products digress from the models supplied by the Buyer, in other words the specifications, this does not give the Buyer the right to compensation or non-conformance with any duty towards us. Circumstances beyond our control are considered to be force majeure, including a default of the delivery company that results in non-compliance or further non-compliance with the agreement that can be reasonably demanded from us by the Buyer. In case of force majeure we are entitled to extend the delivery time with the time of impediment, or dissolve the contract in whole or in part and all this without legal intervention.
Although we buy all the goods to be supplied with appropriate care, we do not accept liability for damages of or to the Buyer or a third party or goods that were created. Neither do we accept liability for damages that could have resulted from the use or operation of any of the goods supplied by us, nor for damages deriving from any default of the supplied good.
- All our offers and agreements, no matter the place of delivery, shall be governed by Netherlands law.
- All disputes that could arise with regards an offer or agreement, including possible later agreements, shall be submitted to the appropriate judge at the District court in Den Haag, without prejudice to our right to lay matters before the judge that is authorised according to ordinary liability rules.