General Terms and Conditions of Sale and Delivery
De Pagter Interieurs b.v.
These general terms and conditions of sale and delivery apply to all our offers and to all agreements entered into with third parties.
By referring to these terms and conditions on quotations, order confirmations, invoices, etc., as well as simply placing an order and / or taking delivery of the delivered goods (oral, telephone, fax or e-mail) to have tacitly accepted these conditions.
Our offers are without obligation.
- Stated prices apply, unless stated otherwise, excluding sales tax and shipping and transport costs.
- Agreed prices are based on the cost factors that apply at the time the agreement is concluded. We reserve the right to charge the buyer a proportional price increase in the event of price increases by our suppliers and other changes in price-determining factors.
- Shipping always takes place, also with free delivery, at the risk of the buyer.
- The choice of shipping and packaging is up to us.
- Unless otherwise agreed, delivery will be COD at the address specified by the buyer.
- Specified delivery times can be considered as target times.
- If the delivery of the goods does not take place at the specified time, we are entitled to a 30-day follow-up period. This period starts on the day of receipt of a registered letter of summons from the buyer.
- If no delivery takes place even after notice of default, the buyer is only entitled to cancel the agreement in writing. Failure to deliver can never entitle us to compensation, not even after notice of default.
- In the event of force majeure delaying or preventing the execution of the agreement, we are authorized to cancel the agreement without giving the buyer any right to compensation.
- Force majeure also includes not receiving or not receiving on time the goods required from our suppliers for the fulfillment of our obligations, strike and impeding government measures.
Liability and advertising
- Complaints regarding deliveries must be made to us in writing within 8 (eight) days after the goods have reached the buyer. Failing this, we are deemed to have delivered in accordance with our obligations.
- If a complaint has been made in time and the delivered goods do not comply with the agreement, we will arrange for free re-delivery or credit the buyer for the returned goods at our discretion and against return of the delivered goods. We are not obliged to any further obligation, in particular not to pay compensation.
- We are never liable for damage caused by temperature and / or humidity influences and insects.
- Unless otherwise agreed in writing, payment must only be made net cash upon delivery of the goods, without any discount.
- If it has been agreed that no cash payment will be made, then payment must be made net, without any discount, within 14 (fourteen) days after the invoice date, unless a different term has been explicitly agreed in writing, by transfer to one of the bank or giro accounts stated on the invoice.
- If the payment term is exceeded, the statutory interest is due for each month or part thereof that is paid later. Advertising does not suspend the payment obligation.
- Debt comparison is never possible.
- All judicial and extrajudicial collection costs will be borne by the buyer. The extrajudicial collection costs amount to at least 15% of the overdue principal sum with a minimum of € 45.00 (forty-five Euro) and are payable without further notice as soon as we have given the claim to third parties for collection.
- In the event of non-payment of a repayable amount, of a suspension of payment and if there are serious doubts as to the correct fulfillment by the buyer of his obligations after the agreement has been concluded, the buyer is obliged to pay in advance or to provide security on first request. Failure to meet these obligations will be considered as a breach of contract and gives us the right to dissolve the agreement in whole or in part without further notice of default and / or judicial intervention, whereby we can claim compensation for damages at least equal to the amount that the buyer has under the agreement was due to us.
- All delivered and yet to be delivered goods remain our property until all claims we have or will have on the buyer, for whatever reason, have been paid in full. In the event that the buyer fails to fulfill our obligation under the agreement, we are entitled to take back the goods without any notice of default being required, in which case the agreement is also dissolved without judicial intervention, without prejudice to our right to compensation for damages.
- Dutch law applies to all our agreements.
- Any disputes will be brought before the competent Judge of the place where we are entitled to submit a dispute to that Judge, who would be authorized to hear that claim without the above stipulation.
Filed with the Chamber of Commerce in Middelburg, deposit number 22049481