GENERAL TERMS AND CONDITIONS BELLYBOAT.NL
1.1. These general conditions apply to – and are an integral part of – every offer, tender and agreement that is related to Bellyboat.nl established in The Netherlands hereinafter referred to as “user”, to provide products of any kind, unless expressly agreed otherwise in writing.
1.2. In these general terms and conditions “the customer” means any (legal) person who orders and/or buys goods from or through the user.
1.3 None of these conditions may be departed from unless expressly agreed between the parties in writing.
2. Emergence and modification agreement
2.1 All offers and quotations made by user, in any form whatsoever, are non-binding unless they offer a period for acceptance. Either by written (order) confirmation by user or by actual implementation of the agreement by user.
2.2 All indications in offers, quotations or agreements and the annexes, such as pictures, drawings, dimensions, weights, returns and colors and in addition the properties of stretch are indicative only. Minor deviations are therefore not at the expense and risk of the user.
2.3 User is not liable for damages as a result of obvious clerical errors or mistakes in its offers, even after the conclusion of the agreement.
3. Implementation of the agreement
3.1 Delivery takes place in accordance with the applicable INCOTERM: Ex Works (ex-factory). If the customer refuses collection at the agreed time, or fails to provide information or instructions necessary for delivery, user shall be entitled to the products at the expense and risk of the customer.
3.2 Goods shall be construed as delivered, once user has notified the customer of delivery, whether that delivery is made directly to the customer or to a third party and awaiting collection by the customer or in the customer’s command to be sent. From the time of delivery, the delivered goods are at the risk of the customer.
3.3 Unless the parties expressly agree that user takes care of the transport of the products, both the costs and the risk of loss or damage during the transport shall be borne by the customer.
3.4 The indication of delivery periods in offers, agreements or otherwise are provided by user with best intentions and these deadlines will be respected as much as possible, but they are not binding.
4.1 All prices are in Euro’s and are exclusive of turnover tax and other charges that are imposed by the Government. Any special additional costs relating to the import and/or customs clearance of goods to be delivered to the customer by user are not included in the price and are therefore the responsibility of the customer.
4.2 The amounts provided in the user’s offers are are based on the existing listing prices, rates, wages, taxes and other relevant factors for the price level. If, after the confirmation (order) one or more of the listed factors changes, user shall be entitled to adjust the agreed price accordingly. If, under this provision the price is increased by more than 10% of the total agreed amount, the customer has the right to dissolve the agreement within eight days of being notified of the price increase. The customer must inform the user in writing of such a dissolution.
5.1 Payment must always take place at the time of placing the order. The customer is not entitled to offset any payment against other amounts charged by user.
5.2 User has the right to deliver goods in full or in separate deliveries.
5.3 Payment is by deposit or transfer to a bank or a giro account designated by user. User has the right to suspend the delivery to the customer until security assurance and/or the prepayment has been provided to user. If prepayment is denied, user is entitled to dissolve the contract and the customer is liable for damages incurred by user.
5.4 User shall be entitled to suspend delivery to the customer until payment is received in full.
5.5 In the event payment is not made within the payment terms, the customer is legally in default without a notice of default being necessary. The customer must pay user interest on the outstanding amount at 2% per month.
5.6 If, on the expiry of a time limit for payment by a written collection letter, no further payment is received, the customer must pay user a penalty equal to 10% of the principal amount owed by the customer to user including VAT, whether user has had to make extrajudicial collection costs and without prejudice to the right of user to claim damages.
5.7 Without prejudice to the other rights of user under this article, the customer is to pay the collection charges against user that user had to make and which go beyond sending a single summation or is it just doing a – not accepted-settlement proposal, gathering simple information or on the file as usual. These costs are determined on the basis of the currently applicable guidelines within courts in Netherlands.
5.8 The applicability of article 6:92 BW is included in this article with regard to the penalty clause excluded.
6.1 If user provides a warranty to the customer in respect of the goods delivered or to be delivered by her work or products, they will consider it explicitly made to the customer. In the absence of such express written notification, the customer may not rely on guaranteed, without prejudice to his legal rights arising from mandatory provisions.
6.2 If a job would be based on the customer’s warranty, user shall deliver the products to the choice of user or still deliver as agreed, unless this is arguably pointless for the customer. If user informs the customer it will proceed to recovery, the client will, at its own cost deliver products for its risk, whether available to user.
6.3 Any and all warranty obligations of user lapse if errors, defects or imperfections as regards to those affairs are the result of incorrect, careless or incompetent use or management of delivered goods by the customer or third parties engaged by the customer or if resulting from external causes such as fire or water damage, or if the customer or a third party without permission of user changes to the goods delivered by user has made.
7.1 Any complaints about a user-supplied product must be communicated to the user immediately in writing. When 7 days since delivery has passed the customer can no longer justifiably complain, unless the defect would have been imperceptible at the time of the delivery. In this case, the customer must provide the user with written notice of the issue, within 7 days of the issue becoming known to the customer.
7.2 Without the prior written consent of the user, the user is not required to accept customer returns. In particular, receipt of returns in no case implies acknowledgment by user of the grounds specified by the customer for return shipping. The risk in respect of returned products continues to rest with the customer until the products have been credited by user.
7.3 If the customer is calling on a possible guarantee scheme but agreed that job then proves unjustified, user has the right to the work and costs of research and recovery that resulted from that profession are by her side to charge to the customer in accordance with its usual rates, with a minimum of €100.00.
8. Retention of title
8.1 All products supplied by user to supply and remain under all circumstances user’s property, as long as the customer any claim by user, including at least the claims referred to in article 3:92, paragraph 2 of the Dutch Civil Code, has failed.
8.2 The customer is kept the products delivered under retention of title with due care and as recognisable property of user.
8.3 The customer does not have the products delivered under retention of title, as long as the property is not on her, to third parties to pledge, encumber or otherwise transfer in whole or in part, except to the extent that transfer in pursuit of the usual business activities of the customer takes place.
8.4 If the customer with the inadequate performance of its payment obligations towards user or user has good reason to fear that the customer will fail in these obligations, user shall be entitled to take back the goods delivered under retention of title. The customer will provide free access at all times to the user its fields and/or buildings in inspecting the business and/or for the exercise of the rights of the user. After repossession, the customer will be credited for the market value, which can under no circumstances be higher than the original price was agreed with the customer user, less the costs incurred by user from the repossession.
9. Dissolution and termination
9.1 The client is deemed to be in default if any obligation under the contract not or not timely, as well as if the customer fails to comply with a letter of formal notice to complete within a reasonable term.
9.2 In case of default of the customer user shall be entitled without any obligation to pay compensation, and without prejudice to its other rights, to cancel the contract in whole or in part by a written communication to the customer and/or the amount due by the customer to any user at once to claim in its entirety and/or the retention of title.
9.3 User is entitled to terminate the agreement with immediate effect if the customer requests or suspension of payments or bankruptcy against him is requested or seizure of all or part of its ability. All invoiced amounts shall be immediately due and payable. User will never be liable in any compensation because of this termination.
10. Force majeure
10.1 User shall not be liable if a deficiency is the result of force majeure. During the period in which there is force majeure, the obligations of user are suspended. If the period during which force majeure, the fulfilment of the obligations is not possible by user lasts for more than three months, both parties are entitled to dissolve the agreement without recourse to the courts, without any liability for damages in this regard.
10.2 Under the concept of ‘ force majeure ‘ as referred to in this article shall in any case mean, unforeseen circumstances, also economic in nature, which have arisen without fault or the fault of user, such as severe failure in the company, forced cuts in production, strikes and lockouts, both at user and in ancillary industries, war, hostilities, State of siege, mobilization, either in Netherlands or in any other country in which any branches of user or by supply companies are located , delays in transportation or delayed or incorrect delivery of goods or materials or components by third parties including suppliers of user.
10.3 If the user at the moment the circumstance of force majeure all or part of its obligations, only partly to its obligations, they entitled it is already delivered or the deliverable part separately and to invoice, the customer is obliged to pay this invoice as if it were a separate agreement.
11.1 User is only liable for damage which the customer suffers, if and in so far as this damage is the direct result of gross negligence or wilful misconduct by executives of user.
11.2 The total liability of user will in all cases are limited to compensation for direct damage, taking the total amount to be paid by user to the customer under any cancellation obligation and never will amount to more than compensate for damage up to the amount of the agreed price (excluding VAT).
11.3 User shall not be liable for damage if and insofar as the customer has insured itself against the relevant damage or could have reasonably.
12 Disputes and applicable law
12.1 If uncertainty exists regarding the interpretation of one or more provisions of these general terms and conditions then the explanation of that provision (s) to take place ‘ in spirit ‘ of these general conditions.
12.2 Agreement is concluded with user on a Dutch law is applicable. Foreign laws and treaties including the United Nations Convention on contracts for the international sale of goods of 11 april 1980 (CISG) is excluded.
12.3 Any and all disputes relating to this agreement or that originate from this agreement, will be settled exclusively in first instance by the competent court in the district in which the user at the time of the conclusion of this agreement is established.