Terms & ConditionsGeerts handelsonderneming VOF
Schout van Haestrechtsingel 4
5237SH 'S-HERTOGENBOSCH NL
firstname.lastname@example.org, 073 - 642 9903
BTW nr.: NL 80547 64 89 B01
KvK 's-Hertogenbosch: 160.62.372
IBAN NL 30 INGB 067.45.66.483 (ING)
This order shop is only for companies that are registered in the Chamber of Commerce with a VAT identification number. We do not sell to individuals / consumers.
Terms and conditions:
These terms and conditions apply to all offers, agreements and all resulting obligations from or with Verpakking-Direct.nl / Suprepa BV, also known as Verpakking Direct.
b. Deviations from these terms and conditions are only permitted if granted an authorization to which only the management of Verpakking -Direct is entitled. Such a clause only applies to the agreement in which it was made.
c. The term "customer" means the other party to Verpakking -Direct with offers, agreements and the resulting obligations.
d. Unless otherwise expressly agreed in writing, all offers made by Verpakking -Direct and the obligations between Verpakking-direct and the other party are subject to the following conditions.
e. The applicability of the general terms and conditions of the counterparty is expressly opposed.
f. Verpakking -Direct reserves the right to change the terms and conditions at any time, without resulting in any agreements and any resulting obligations in any way. The other party will be informed in writing at least 1 month before the change.
G. Any ineffectiveness, partiality or invalidity of one or more provisions of this Agreement shall not affect the validity and applicability of the other.
2. OFFERS, VERSIONS
a) All offers from Verpakking-direct with the prices stated therein are valid for thirty days or longer or shorter than the prices stated therein and are always without obligation. They can be revoked by Verpakking-Direct within three working days of receipt of the acceptance.
b. Verpakking -Direct, even if it has made an offer, is only bound if it has accepted or actually executed an order in writing, by e-mail, SMS or similar communication.
a) Specified or agreed prices apply to the delivery of the company Verpakking -Direct and include packaging costs and exclusive of VAT.
b. Prices are based on factors applicable at the time of specification or contract, including wages, social and fiscal charges, levies, insurance premiums, raw material and material prices, import duties and freight charges, and exchange rates with or against the Euro. If, after the delivery or the conclusion of the contract and the delivery changes in these price-determining factors arise, so that this leads to an increase in theVerpakking Direct price, Verpakking -Direct is entitled to increase the agreed price accordingly and this price increase to the customer to increase. Invoicing, even if the cost increase was already foreseeable at the conclusion of the contract.
4. DELIVERY AND RISK
Unless otherwise agreed, delivery times provided by Verpakking -Direct are never considered to be time limits. If the specified delivery times are exceeded, Verpakking Direct will initially be in default by registeredletter . If Verpakking -Direct requires any data or aids to be provided by Customer or on behalf of the Customer to complete the Contract, the delivery periods shall begin on the day all necessary data or tools are owned by Verpakking -Direct.
b. From the time of delivery, the goods are at the risk of the buyer and on his account for all direct and indirect damage that may occur to and / or through the goods for him and / or third parties. For the purposes of this provision, the term of delivery also includes the date of delivery in Article 5 (b).
5. OBLIGATION TO ENTER
The buyer is obliged to provide the cooperation required by Verpakking -Direct to provide the service, including the obligation to purchase the purchased goods.
b. The delivery is considered denied if goods ordered to a customer were offered for delivery, but the delivery was not possible. The day on which pickup is refused is considered the day of delivery.
c. In the case of a refusal of purchase, the customer owes Verpakking -Direct compensation in the amount of the purchase price of the goods for which the delivery was refused, from the date of delivery by the statutory interest on this amount.
With respect to the agreed specifications, the following variations are permitted upwards and downwards. For the rating, the average of the total quantity delivered in (1) Type, Quality, Color, and Design is used as the benchmark.
a) Color variations in color printing are not grounds for refusal.
b. Regarding the quantity, Verpakking Direct is considered to be correct if the quantity deviations do not exceed:
20% above or below the quoted quantity for orders up to 250 kg.
10% over or under the specified quantity for orders of 250 to 5000 kg inclusive.
5% over or under the specified quantity for orders over 5000 kg.
Per order is meant one (1) order in one (1) format and one (1) quality. Invoicing is based on the actual quantity delivered.
c. For the thicknesses, the permissible deviation from the single measurement can be increased or decreased by 10%.
d. In terms of dimensions, the allowable deviation may be 5% in both length and width.
a) Examination of the quantity and the external condition of the delivered goods lies with the customer. If he does not complain in writing as soon as possible, but at the latest within 48 hours of receipt of the delivered goods, the delivered goods are considered correct in terms of quantity and appearance.
b. Other complaints must be submitted in writing to the Verpakking -Direct by the customer within eight days of delivery of the goods .
c. If the goods are fully or partially processed and / or resold, they shall be deemed to have been approved and Verpakking-direct's liability has expired.
d. Complaints about invoices must be submitted in writing within eight days after the invoices have been sent.
For new or changed prints, Verpakking -Direct will provide proof of approval unless finished printed documents are supplied by or on behalf of the customer. If this is not answered within one (1) week of the date, the submitted evidence will be considered approved. Verpakking -Direct shall never be liable for any errors or defects in printed materials or work drawings or films supplied by or on behalf of the customer. All offered prices refer exclusively to the costs for prepress.
All plastic bags or tubes, films and packaging tapes are printed using the flexographic printing process. Minor deviations therefore can not lead to liability of Verpakking -Direct. Customers must indemnify Verpakking -Direct for any consequences of infringement of third party rights by drafts, drawings, designs, etc. supplied by Customer. The article mentioned in this article also applies to printing on corrugated board, cardboard and all other materials to be printed.
9. WORKING COSTS
If cutting costs arise during the production of packaging materials, these will be charged separately. These costs are never included in our prices, unless otherwise stated.
a) In the case of delivery of goods in parts, each part may be billed separately from Verpakking -Direct.
b. Payment must be made upon delivery of the goods or within 30 days of the invoice date at the Verpakking -Direct office or by bank transfer to a specified Verpakking -Direct bank or giro account .
c. If payment is made within eight days, the calculated credit limit can be deducted. This is not allowed after eight days.
d. An objection to the debt settlement is not allowed.
e. If the customer does not pay within the payment period, Verpakking -Direct shall be entitled to charge default interest at the rate of 1.5% per month from the due date, whereby a part of a month, regardless of its other rights, shall be considered as full month. ,
f. All extrajudicial collection costs incurred by Verpakking-Direct to fulfill the obligations of the customer shall be borne by the customer. These costs will be charged in accordance with the amount of fees communicated by the Dutch Bar Association with a minimum of € 150.00 per unpaid invoice, without prejudice to the right of Verpakking Direct to demand higher actual extrajudicial collection costs.
G. If Verpakking -Direct signs a contract with two or more customers, natural or legal persons, each of them is jointly and severally liable for the full performance of the obligations under this Agreement.
H. Verpakking -Direct is entitled at any time to demand advance payment or cash on delivery or to demand sufficient security for the proper and timely fulfillment of the customer's payment obligations without stating any reasons.
I payments of the customer serve first to pay the owed costs and interest and then to pay the oldest open account, even if another instruction is included in the payment.
j) Advertising does not suspend the customer's payment obligations.
k. All legal claims of Verpakking-Direct against the other party become statute-barred after 20 years.
11. FAILLISEMENT ETC.
If the customer fails to properly fulfill its obligations under the agreement concluded with Verpakking -Direct, in the event of its bankruptcy, suspension of payment or suspension or suspension or liquidation of its business The customer transfers his business to third parties, concludes a creditors agreement, sees his bank loan canceled, the execution of his payment orders is suspended by the bank or his or her due garnishment is deemed to be legally in default of the customer and Verpakking -Direct submits suffrage without obligation to pay damages and without prejudice to the further rights of Verpakking -Direct, without the need for any notice of default or legal action, the total or partial termination of the contract, the termination of the contract or the suspension of the contract. In this case, all claims of Verpakking -Direct will be immediately due to the customer, and Verpakking -Direct shall be entitled to make the full amounts due immediately.
12. PROPERTY RESERVATION
a) All goods delivered by Verpakking-direct shall remain the property of Buyer until full payment of all claims - including any interest and costs - in connection with the delivery of goods and related work. Until complete payment or payment, the customer is not entitled to pledge the goods to third parties or to transfer ownership. The customer is entitled to use the goods as intended in the normal course of business. As long as no full payment has been made and the customer is in default of payment or Verpakking -Direct reason to fear that the buyer is in default with the payment, he can immediately return the delivered goods without prior notice. The buyer authorizes them to enter his premises and buildings. The agreement may be dissolved by the Verpakking -Direct without prejudice to its right to compensation for costs, damages and interest without judicial intervention.
b. In the event of processing, processing or mixing of the delivered goods by or for or with the customer, Verpakking -Direct acquires co-ownership of the newly created goods and / or of the goods assembled with the delivered goods, for example the invoice value of the originally delivered goods. Business.
If a delivery is still required for this co-ownership, delivery will take place upon conclusion of the contract.
c. The risk for the goods subject to retention of title according to paragraph a of this article is after delivery to the customer. This person is obliged to insure the goods in question sufficiently, in any case against theft, damage and destruction. The customer is not entitled to assign claims against its insurer from the insurance mentioned in this paragraph to third parties or as collateral in the broadest sense to third parties.Distributions for damage and loss of the goods referred to in this Article replace the goods concerned.
d. The Buyer is obliged to notify any person, the goods delivered by the Verpakking -Direct subject to the ownership of the Verpakking -Direct, or in case of administration or bankruptcy of the Buyer himself, his curator or recipient immediately in writing A copy of this to Verpakking -Direct, the Verpakking -Direct holder of the delivered goods, remains unaffected, if a immediately due and payable fine in the amount of € 5,000.00 or, if higher, the original invoice amount of the goods is due. The penalty applies in addition to any compensation.
a. Parcel-Direct liability for damages suffered by customers as a result of a defect in the performance of its obligation, if and insofar as this liability is covered by his insurance, to the amount paid by the insurance company.
b. If the insurer for any reason does not pay, the liability is limited to the invoice amount without BTW.
c. By way of derogation from paragraph a and paragraph b of this chapter, Packaging Direct Liability assumes responsibility for indirect damages, including lost profit or consequential damages, damages for exceeding the delivery time due to changed circumstances and damages due to insufficient cooperation, information or materials Customer
d. Any right to damages against the customer expires Packing-Direkt in case of improper use of the goods or if the customer had carried the goods activities by third parties.
e. In the event of unauthorized acts of the Supplier or its subordinates, Verpakking -Direct shall only be liable for the reimbursement of damages resulting from death or personal injury. In these cases the liability is limited to € 450.000,00.
f. Packaging Direct is not liable for infringement of patents, licenses or other rights of third parties through the use of data provided by or on behalf of the other party for the performance of the contract.
G. Verpakking -Direct is not liable if the defect is due to force majeure. The limitations in this article do not apply if the damage is due to intent or gross negligence of Verpakking -Direct.
H. Verpakking -Direct assumes no liability for the incorrect achievement of a message. Message is understood to mean any message sent by Verpakking-direct, but in particular e-mail, SMS or other means of communication.
Verpakking -Direct will never be liable to third parties for damages incurred during the execution of the contract to which these conditions apply, as against the customer. Customer shall indemnify Packaging Direct against any further liability and will, to the extent possible, provide a third party with a similar discharge for the purposes of the Packaging Direct clauses.
15. FORCE MAJEURE
a) During force majeure, the delivery and payment obligations of Verpakking-Direct are suspended. If the period during which the fulfillment of the obligations by direct packaging is not possible lasts more than three months, both parties are entitled to pay the contract without any judicial intervention, without any obligation to terminate the contract.
b. If Packing-Direct is already partially fulfilling its obligations or only partially fulfilling its obligations by the time Force Majeure is satisfied, it shall be entitled to charge separately for any part already delivered or delivered and to require Buyer to pay this invoice as if it were a separate contract.
c. Force majeure in the sense of this article are circumstances which prevent the fulfillment of the obligation and are not attributable to the seller. The following will be, among others
Included: Packaging for-Direct or third-party uses Packing-Direct or Suppliers: Fire, strike or lockout, excessive staff absenteeism, transportation difficulties, serious breakdowns; Flood, war, rebellion or rebellion, mobilization; late or improper execution of orders by subcontractors; Government action to prohibit the implementation of contracts is prohibited or prohibited, significant changes in exchange rates, energy crisis, abnormal price increases of raw materials and energy, all of which came regardless of the possibility that these conditions would occur, was already foreseeable at the time of the contract
16. APPLICABLE LAW
Contracts and / or obligations between Verpakking-direct and the other party are governed exclusively by Dutch law. When interpreting the text of these Terms and Conditions, the literal text shall prevail. For different interpretations of the literal text, the above interpretation applies, as it is considered accurate according to Dutch social opinions.
17. APPLICABLE JUDGE
Disputes arising out of these conditions, and / or the rights and obligations of parties to agreements to which these conditions apply, the President of the Tribunal shall request only by the Dordrecht Court and in urgent cases be resolved.