GENERAL BUSINESS TO BUSINESS. These terms and conditions are used by Oke Mobiel en Mode Accessoires/Rico Vitello located in Leusden, de Brouwerij 2, 3831 ND (the Nederlands) registered with the Chamber of Commerce under number 61699268.
1. Definitions
1.1 In these general terms and conditions the following terms have the following meaning: Customer: the buyer of Products, not being a consumer or end-user; Agreement: all agreements between the Customer and the Seller, including all changes and additions thereto with regard to the purchase and sale of Products; Parties: Customer and Seller; Products: all products and services of Seller; Seller: Oke Mobiel en Mode Accessoires.
Conditions: these general conditions; Website: www.ricovitello.com All definitions have the same meaning in singular and plural, unless specifically stated otherwise.
2. Applicability
2.1 These Terms and Conditions apply to all offers of the Seller, as well as all Agreements and legal consequences arising from the above, unless the parties expressly agree otherwise.
2.2 The applicability of (purchase) conditions of the Customer is explicitly excluded.
2.3 If any provision of these Terms and Conditions is void or is nullified, the other provisions of these Terms and Conditions will remain in full force and Seller and the Customer will enter into consultation in order to agree new provisions to replace the null and void or nullified provisions, whereby as much as possible the purpose and the tenor of the invalid or annulled provision are taken into account.
2.4 The Seller is entitled at all times to adjust these Terms and Conditions. The most recent version of the Terms and Conditions is always applicable. Such an amendment shall take effect fourteen (14) days after the date of dispatch to the Customer of the amended Terms and Conditions. If the Customer objects to the change in writing within these fourteen (14) days, the original Terms and Conditions will remain applicable to him.
3. Offers and orders
3.1 All offers and quotations by the Seller are entirely without obligation and are not binding, unless expressly stated otherwise.
3.2 All offers and quotations remain valid for 30 days, unless explicitly stated otherwise.
3.3 The Customer guarantees the correctness and completeness of the information on which the Seller bases its offer or quotation.
3.4 Seller can not reasonably be held to obvious mistakes and / or clerical errors in offers, quotations and Agreements. If the price offered by the Seller is not correct and deviates more than 10% from the intended price, the Seller can dissolve the Agreement, after which the amount already paid by the Customer will be refunded by the Seller. In case of dissolution of the Agreement on the basis of the above, the Seller is in no way liable for damage as a result of the dissolution.
3.5 The Customer can place his order by means of: - the Website - by telephone - e-mail.
3.6 An Agreement is only established after the Seller has accepted an order. The Seller will inform the Customer whether he accepts the order. The Seller will also inform the Customer after the Products have been sent and he will provide the Customer with a tracking number.
3.7 Seller is at all times entitled to refuse an order without further explanation (in part) and without being liable in any way for any damage, for example if the Seller has an indication or a suspicion that the Customer will not comply with his payment obligations and/or the Products are not available.
4. Implementation
4.1 The Seller shall make every effort to execute the Agreement with due care, in accordance with the agreements and procedures recorded in writing with the Customer. All activities of the Seller are carried out on the basis of a best efforts obligation, unless and to the extent that the Seller has explicitly promised a result in the written Order and the result has also been described with sufficient certainty.
4.2 The Seller reserves the right at all times to use third parties for the work if this is required for proper execution of the work. The applicability of article 7:404 of the Dutch Civil Code is hereby explicitly excluded.
4.3 The Seller will carefully select any third parties and only engage them if necessary. The Seller is not liable for any damage caused by the third party.
5. Prices / Payments
5.1 Unless expressly agreed otherwise, all payments must be made in advance. The Seller will implement the Agreement after it has received payment. Paying afterwards is only possible after an application by the Customer and approval by the Seller.
5.2 The Seller is at all times entitled to demand full or partial payment, irrespective of any payment arrangements made previously, or to demand other security in connection with the delivery of Products at a time and at the discretion of the Seller. He is entitled to suspend all his obligations under the terms of the contract until it has received payment or other security, without being liable for any damage.
5.3 All prices of the Products are in euros, unless stated otherwise. Unless otherwise agreed, all prices are without VAT or other taxes and/or levies and are without transportation costs, packaging costs, insurance costs, as well as export and import duties. These costs are for the account of the Customer.
5.4 The Seller reserves the right at all times to adjust the prices of the Products on the basis of the consumer price index of the Central Bureau of Statistics. If by any government measure cost-increasing taxes, levies or import duties are introduced or changed, or after the conclusion of the Agreement government measures take place pursuant to which the cost price of the services to be supplied by the Seller is increased, the Seller is entitled to pass on these costs to the Client, even if it has been agreed that the price will be fixed. The Seller will immediately inform the Client of this.
5.5 If the Customer fails in the performance of any obligation, the Customer is immediately in default, as well as liable for interest on the outstanding amount of 1.25% per month, without any summons or notice of default being required. The Customer owes the Seller the costs, both in and out of court, with regard to the collection of all that the Customer owes to the Seller. The extrajudicial collection costs amount to 15% of the amount due with a minimum of EUR 250 (two hundred and fifty euros).
5.6 The Seller is entitled to first deduct payments from the (extrajudicial) costs, then the interest due and then the principal sum.
6. Delivery and transport
6.1 Unless expressly agreed otherwise in writing, all delivery dates are only estimates. The Seller will do his best to deliver the Products on the agreed date, but is not liable towards the Customer if the agreed term can not be met as a result of causes which are beyond the control of the Seller, such as delay due to transport (companies ) or delivery times of the supplier of the Products. The seller is never liable for damage as a result of the delay.
6.2 The Client is obliged to report defects or shortcomings to the Products to the Seller within 8 working days after receipt of the Products.
6.3 If not all ordered Products are in stock, the Seller is entitled to make partial deliveries. The Seller will inform the Customer about this as soon as possible.
6.4 The risk for damage to and loss of the Products will immediately pass to the Customer after the Seller has handed it over to the carrier.
6.5 Upon delivery of the Products, the Customer must sign a receipt. It is the responsibility of the Customer to check that the number of delivered Products corresponds to the number on the shipping letter. If the number of Products on the consignment note differs from the received number or if the Products are damaged, this must be stated on the consignment note. If the Customer does not make a note about this, the Seller will not accept any liability for damage and/or the incorrect number of Products delivered.
7. Warranty
7.1 The Products to be delivered by the Seller comply with the usual requirements and standards that can reasonably be imposed on them at the moment of delivery and for which they are intended for normal use in the Netherlands. The warranty mentioned in this article applies to Products intended for use within the Netherlands.
7.2 Now that the Products delivered by the Seller are produced by third parties, the in the first paragraph of this article is limited to the (factory) guarantee as provided by the (suppliers) suppliers and products of the Products.
7.3 If the Product has a design, material or manufacturing defect, provided that the defect is reported in time in accordance with the provisions of article 6 and furthermore falls within the manufacturer's warranty referred to in the second paragraph of this article, Seller shall replace the defective Product or repair it, at the Seller's discretion.
7.4 The warranty provided in this article does not apply if the damage is the result of normal wear and tear or incorrect or improper use of the Products or use after the expiration date. Furthermore, any guarantee also lapses if the Customer has attempted to remedy an alleged defect himself without express written permission from the Seller.
7.5 The guarantee provided in this article only applies if the Client has fulfilled all his obligations towards the Seller.
7.6 The replacement or repair of the Products during the warranty period does not result in an extension of this period. Repair or replacement, including administration, shipping and transport costs, other than on the basis of the guarantee referred to in this article shall be charged by the Seller to the Customer.
8. Liability
8.1 Liability of the Seller for indirect damage, including consequential damage, loss of profit, lost savings, loss of files and / or data, claims of third parties on the Customer and damage due to business stagnation and idling, is excluded at all times.
8.2 The liability of the Seller due to attributable shortcoming in the performance of the Agreement is limited to compensation of direct damage up to the amount of the price paid on the basis of the Agreement, unless the insurance pays a higher amount.
8.3 A condition for the existence of any right to compensation is always that the Customer gives the Seller a written notice of default and gives the Seller a reasonable term for performance.
8.4 The Seller can only be liable if the Customer notifies the Seller in writing of the damage within 30 days after the damage has occurred.
9. Force Majeure
9.1 The Seller is not obliged to comply with its obligations under the Agreement, if it can not meet due to circumstances beyond its control (force major).
9.2 Force majeure includes but not limited to strikes, non-delivery, incomplete and/or delayed delivery by suppliers, war and danger of war, terrorism, import and export bans, epidemics, traffic disruptions, loss or damage during transport, fire, theft, failures in delivery of energy.
10. Interim termination
10.1 The Seller is entitled to, without prior notice of default and without being liable in any way for damage or costs, and without renouncing any other right, to suspend his obligations or to dissolve the Agreement (in part) or terminate it prematurely if : a) the Customer does not fulfill his (payment) obligations; b) there is a (threatening) bankruptcy of the Customer; c) the Customer has applied for or intends to apply for a suspension of payments; d) the Customer can no longer freely dispose of (liquid) means by, for example, seizure; e) the Customer is dissolved or intends to dissolve; f) the ownership of the Customer is transferred to a third party or the third party has obtained control;
10.2 If the aforementioned cases occur then the Seller's claims against the Customer will be immediately due and payable in full.
11. Intellectual property rights
11.1 All designs, technical drawings, calculations, samples and the like with regard to the Products remain the property of the Seller at all times and may not be reproduced or transferred or loaned to third parties without the express prior written consent of the Seller.
11.2 The Seller retains all intellectual property rights under the Dutch Copyright Act or other legislation.
11.3 The Customer guarantees that he will not infringe the intellectual property rights of the Seller or the suppliers of the Seller in relation to the Products.
12. Customer data, privacy and confidentiality
12.1 The Seller will only collect data from the Customer insofar as necessary for the performance of the Agreement. The data will, to the extent permitted by law, be used for the operations of the Seller or its affiliated companies or third parties, and will not be stored longer than necessary for his business operations. The Customer gives the Seller irrevocable consent for the use and storage of his (personal) data.
12.2 The Customer guarantees the correctness of the (personal) data provided by him and informs the Seller immediately if there are any changes.
12.3 The Seller is entitled to provide the (personal) data of the Customer to third parties if: a) this is necessary for the fulfillment of the obligations arising from the Agreement; b) Seller takes (collection) measures by third parties against the Customer; c) the seller wishes to have a credit report drawn up; d) Seller is obliged to do so by law or regulation.
12.4 The Seller and the Customer mutually commit themselves to observe secrecy with regard to all information and data that they receive from each other in connection with the (execution of) the Agreement during the term of the Agreement and thereafter.
13. Other
13.1 The Customer is not entitled to transfer any right arising from the Agreement to third parties without the prior written consent of the Seller. The Buyer gives the Seller the right in advance to transfer the rights arising from the Agreements in whole or in part to third parties.
14. Applicable law and disputes
14.1 Dutch law applies to these terms and conditions and all Agreements and agreements arising from this between the Seller and the Customer.
14.2 Disputes will only be submitted to the competent court of the district of Oost-Brabant, location 's-Hertogenbosch.
14.3 The applicability of the Vienna Sales Convention is explicitly excluded.
The company's management would appreciate if you can present your ideas and improve our services and products.
Address:
Oke Mobiel en Mode Accessoires/Rico Vitello
De brouwerij 2
3831 ND Leusden, The Netherlands
Chamber of Commerce number: 61699268
VAT number: NL002422940B86
Mob: 0031623161871
Email: info@ricovitello.com