Terms and conditions
Terms and conditions
Dutch Supplements B.V., Westerwerf 7C, 1911 JA Uitgeest,
Nederland, Kamer van Koophandel 62224646
These conditions apply to every offer and every agreement of purchase and sale, which comes about through the website (s) of 2honderdprocent online shopping, established in Amersfoort, hereinafter referred to as "user". The buyer will be referred to as "the other party". A number of provisions in these terms refers to a natural person not acting in the exercise of a profession or business. In these provisions, the party designated by the term "consumer". "In writing" is understood in these terms: by fax or any other means of communication for the purposes of the prior art and the prevailing attitudes in society this can be vindicated by e-mail, by letter. The term "the website" is understood in these terms: the website mentioned in paragraph 1 (s) of the user. It may not apply to (a part of) a provision of these terms affect the applicability of the other provisions. Event of any discrepancy or inconsistency between these Terms and any translation thereof, the Dutch text shall prevail. These terms and conditions also apply to the agreement emerged after or partial orders. If the user these terms several times - either via the website - has handed to the other party, there is a lasting business relationship. The user needs than the general terms and conditions each time to hand over to let his them. Following agreements apply
Supply and prices
Every offer on the website is in force for the period specified therein. An offer which no period of validity has been called binding. In a non-binding offer, the user has the right to withdraw this offer. Within 2 working days after receipt of the acceptance The price lists, etc. on the website mentioned in the offer prices are exclusive of VAT and any costs, such as transportation and shipping and handling fees unless otherwise stated. Clear mention is made of the amount of VAT applicable regulations and any costs. Per item A composite offer does not oblige the user to supply a portion of the offering at a corresponding portion of the price. Supply and / or price does not automatically reorders. Models shown, examples, assignments of colors, sizes, weights and other descriptions on the website are as accurate as possible, but are indicative only. The Other Party may not derive any rights. a If between the date of the conclusion of the agreement and its implementation for the user (cost) price increasing circumstances arise due to laws and regulations, currency fluctuations, price changes in the enabled user third parties or suppliers or changes in prices of the required materials, raw materials, etc., the user is entitled to increase the agreed price accordingly and bring. to the other party in b. When price increases within 3 months after the conclusion of the contract, the consumer is entitled the agreement by means of a notification in writing. Where has announced that he will use his powers dissolution using the consumer within 14 days after notice of the price change to the user, the user may assume that the consumer has agreed to the price change.
If the other party through the website to place an order or order, the user is only bound to this order or order after it in writing - is attached to the other party -. Whether through an automated message via the website This shall apply, unless otherwise indicated on the website. Additions or changes to the terms and conditions of the agreement binding only after the user also been confirmed. These in writing to the other party
Buy remote reflection
This article applies only to consumers in a distance sale within the meaning of Article 46a of Book 7 of the Civil Code. At a distance purchase, the consumer has a cooling-off period of 14 calendar days after receipt of the goods. Within this period the consumer may terminate the contract without having to give a reason. The dissolution occurs by written notice to the user. This waiting period does not apply to custom affairs. In case of dissolution of the cases in the original packaging, unused and for the account and risk of the consumer to the user should be returned. If the user has placed in the dispatch of the goods to the consumer all shipping costs are the cost of return shipping within the trial period for the account of the user. The user will payment of the purchase price he has already received from the consumer as quickly as possible, but within reimburse consumers 14 calendar days after termination. The user has the right to refuse returned goods or refund if the goods are not in their original packaging, processed, used and / or damaged. Return only a portion of the payments received The user will inform the consumer thereof immediately upon receipt of the items posted.
Engaging third parties
If the proper execution of the agreement required by the user, he may have carried out certain supplies by third parties.
The user undertakes not to disclose any information he has obtained from or about the other party in connection with the conclusion and execution of the contract and the other party has indicated that it is confidential or which the user knows or can reasonably know that such information should be treated confidentially. The user will only provide this information to third parties if this is necessary for the execution of the agreement. The user will take precautions to keep confidential information secret all reasonable and guarantees that its employees and / or other persons under his responsibility in the implementation of the agreement in question will love. Themselves well to this confidentiality The confidentiality obligation does not apply if the user as a result of legislation and / or regulations or a court order is required to make the confidential information and hereby can not rely on a legal or permitted by a judge privilege. This exception also applies to employees and other persons referred to in the preceding paragraph. If the user uses a privacy statement, the information referred to therein shall be used only in accordance with the provisions of this statement.
Delivery, delivery time
Agreed delivery dates can not be regarded as mandatory. If the user does or does not fulfill its obligations to deliver on time, the other party must inform them in writing of default, giving a reasonable term to these delivery obligations still to come. In contracts with consumers of the goods ordered are delivered within 30 days after the order. If delivery is impossible within this time limit, the user sets from the consumer as quickly as possible aware of. The consumer has the ability to recover. Possible prepayments of the user within one week after this notice If the consumer exercises this right, the user will be the amount already paid by the consumer within 30 days be returned to it after the recovery. The user is entitled to deliver in parts, with each part delivery can be invoiced separately. The risk for the goods to be delivered passes to the other party at the time of delivery. This is the time when the goods to provide security, warehouse or store of the user or the user has indicated that these issues can be picked up by him. To the other party Notwithstanding the previous paragraph, when consumers the time of delivery when the goods are actually available to them. Dispatch or transport of the goods will be at the expense and risk of the other party and in a manner to be determined by the user. The user is not liable for damages of any kind - whether or not the items themselves - keep connected with the dispatch or transport. Notwithstanding the preceding paragraph applies to consumers that dispatch or transport of the goods takes place at the risk of the user, but on behalf of the consumer. If, located due to a cause in the sphere of the other party, not possible show the ordered goods (in the agreed manner) to the other party to be delivered or the items are not collected, the user has the right goods at the expense and risk of save the other party. The other party has to the user within an enabling yet to deliver or pick up within this period the business. Things by setting time after notification of the storage user If the other party fails after the period referred to in the previous paragraph to fulfill his tie, he is immediately in default. The user then has the right to contract with immediate effect by written declaration to terminate in whole or in part and to sell without giving rise to an obligation to pay damages, costs and interest to the user. Goods to third parties The foregoing is without prejudice to recover. Still fulfill the obligation of the other party to pay compensation for any (storage) costs, delay damages, lost profits or other damages or the right of the user An agreed delivery period shall run only from the moment the user all the necessary information for delivery and any agreed (advance) payment from the other party has received. If this leads to delay, the delivery extended proportionately.
Complaints and returns
The other party to check the delivered goods immediately upon receipt and any visible defects, defects, damages and / or discrepancies in numbers on the waybill or consignment note. In the absence of a bill of lading or consignment note, the other party must notify the flaws, defects, etc., within 2 working days after receipt of the goods to the user, followed by a written confirmation. In the absence of such notification, the goods shall be deemed to have been received in good condition and in accordance with the agreement. Other complaints must immediately upon discovery - reported to the user in writing - of. Within the agreed warranty All the consequences of failing to report directly to the risk of the counterparty. If no explicit guarantee has been agreed, the period of one year after delivery applies. If a complaint is not reported within the periods stated in the preceding paragraphs, the user is no appeal to an agreed warranty. Ordered goods are in stock by the User (wholesale) packaging / minimum amounts or quantities delivered. Slight deviations in the industry accepted regarding sizes, weights, numbers, colors, etc., do not count as failure on the part of the user. No claim on the warranty possible. Complaints do not suspend the payment obligation of the other party. The preceding paragraph does not apply to the consumer. The other party must allow the user to investigate the complaint and all above provide relevant information to the user. If return is necessary for the investigation of the complaint, it will take place at the expense of the other party, unless the complaint is found to be valid. The transport risk is always there for the other party. In all cases, return place in a manner to be determined by the user and in the original packaging or packaging. No complaints are possible regarding incompleteness or properties of products made from natural materials or raw materials, if these imperfections or characteristics are inherent to the nature of these materials or raw materials. No complaints are possible regarding discoloration and slight discrepancies in colors. No complaints about things that are possible after receipt by the other party of the nature and / or composition have changed or have been fully or partially treated or.
The user shall ensure that the agreed deliveries are carried out properly and in accordance with prescribed standards in its industry but gives regarding these supplies never a further guarantee than as expressly agreed between the parties. The user stands during the guarantee period for the usual quality and reliability of the delivered. If a warranty issued by the manufacturer or supplier of the goods supplied by the user warranty will apply equally between the parties. The User shall inform the other party about this. If the target / destination for which the party wishes to edit the business process or use different from the usual target / usual destination of these cases, the user only guarantee that the goods are suitable for this purpose / this destination if he is writing confirmed. to the other party No call on the guarantee is possible, as long as the other party to the agreed price for the goods has not yet met. The preceding paragraph does not apply to the consumer. His choice - - With a right to appeal to the warranty, the User shall provide free of charge repair or replacement of the goods, or for reimbursement or discount on the agreed price. If there is any additional damage, the liability provisions of the article contained in these General Terms and Conditions. Notwithstanding the preceding paragraph, the consumer has the choice between repair or replacement of the goods, unless this can not reasonably be required by the user. Reasonably Instead, consumers should always terminate the agreement by written statement or demand a discount on the agreed price.
Outside explicitly agreed or guarantees given by the user, the user accepts no liability. Notwithstanding the preceding paragraph of this article, the user alleens liable for direct damage. Any liability of the user for consequential damages, including consequential loss, loss of profits and / or losses, delays and / or persons or injury, is expressly excluded. The other party must take all measures necessary to prevent or limit the damage. If the user is liable for damages suffered by the other party, the obligation of the user is always limited to the amount paid in the respective case. By its insurer If the insurer does not pay if the damage is not covered under a closed user insurance, the obligation of the user is limited to the invoice amount of the goods delivered. The other party, the user must speak later than six months after he has become with or could have been with the damage suffered by him to this known known. Notwithstanding the previous paragraph applies to the consumer a period of 1 year. The user is not liable and the other party can not rely on the applicable warranty if the damage is caused by: improper use or use contrary to the purpose of the product or the instructions given by or on behalf of the user, advice, information leaflets etc., due to improper storage (storage) or maintenance of the property; errors or omissions in the information provided by or on behalf of the other party to the user, due to the choice of the party that is different from what the user is advised and / or common is, by the choice of the other party in respect of the supply business has made, that have been carried out without the express prior consent of the user by or on behalf of the other party repairs or other work or processing of the delivered goods. The party is in the cases listed in the previous paragraph is fully liable for any damage arising and shall indemnify the user explicitly for all claims for compensation for the damage. The limitations of liability contained in this Article shall not apply if the damage is due to intent and / or gross negligence of the user or the management staff at director level or if mandatory legal provisions oppose. Only in these cases, the user will indemnify the other party for any claims by third parties against the other party.
Payment by the companies themselves
The user always has the right (partial) demand. Advance payment or any other security for payment from the counterparty Payment must be made in the manner indicated on the website. Payment by other means is permitted only if the parties have agreed expressly in writing. If the parties have agreed payment, upon receipt of an invoice payment within a period of 30 days, after the invoice date, unless the parties other payment terms have been agreed in writing. In addition, the accuracy of an invoice shall, if the other party has not objected. Within this payment period If an invoice is not paid in full or no direct debit has to take place after the expiry of the period referred to in the preceding paragraph, the other party to the user default interest in the amount of 2% per month calculated on the principal cumulative. Parts of a month shall be counted as a full month. If, after due notice by the user payment is still outstanding, in addition, the user has the right to the other party to bring in the amount of 15% of the invoice amount with a minimum of € 150.00. Extrajudicial collection charges In the absence of full payment by the other party, the user has the right to contract without further notice to terminate or suspend until the other party has yet paid, or has made. Adequate security its obligations under the agreement by a written statement Aforementioned right of suspension, the user also if it before the other party is in default with the payment has legitimate reasons to doubt. The creditworthiness of the counterparty Payments made by the other party by the user first deducted from all interest and costs, then the payable invoices that the longest, unless the other party in writing to indicate that the payment relates to a later invoice. The other party may claim the user does not set off any counterclaims that it has on the user. This also applies if the other party (provisional) suspension of payment or bankruptcy is declared.
Payment on consumers
The user always has the right (partial) demand. Advance payment or any other security for payment of the consumer The requested advance payment will not exceed 50% of the agreed price. Payment must be made in the manner indicated on the website. Payment by other means is permitted only if the parties have agreed expressly in writing. If the parties have agreed payment, upon receipt of an invoice payment within a period of 30 days, after the invoice date, unless the parties other payment terms have been agreed in writing. In addition, the accuracy of an invoice shall be made if the consumer. Within the payment term objection If an invoice is not paid in full or no direct debit has to take place after the expiry of the period referred to in the preceding paragraph, the consumer to the user default interest in the amount of 2% per month calculated on the principal cumulative. Parts of a month shall be counted as a full month. If, after due notice by the user payment is still outstanding, in addition, the user has the right to the consumer to spend. Extrajudicial collection charges In addition, the user will still give the consumer notice specified a minimum period of 14 days to make payment. The extrajudicial collection costs referred to in the preceding paragraph are: 15% of the amount of the principal on the first € 2,500.00 of the claim (with a minimum of € 40.00) 10% of the amount of principal on the following € 2,500.00 of the claim, 5% of the amount of principal on the next € 5,000.00 of the claim; 1% of the amount of principal on the next € 190,000.00 of the claim; 0.5% of the excess of the principal amount. All this with an absolute maximum of € 6,775.00. For the calculation of the extrajudicial collection costs, the user has the right to increase with in that year according to paragraph 4 of this Article are cumulative accrued default interest. Principal amount of the claim over 1 year In the absence of full payment by the consumer, the user has the right to contract without further notice to terminate or suspend the consumer has yet paid, or has made. Adequate security its obligations under the agreement by a written statement Aforementioned right of suspension, the user also if he before the consumer is in default with the payment has legitimate reasons to doubt. The creditworthiness of the consumer Payments made by the consumer user first deducted from all interest and costs, then the payable invoices that the longest, unless the consumer indicates in writing to the payment that it relates to a later invoice.
Retention of title
The user retains ownership of all goods delivered under the contract and to be delivered until the time when the party to the user has met. All payment The commitments referred to in the preceding paragraph consist of the payment of the purchase price of the goods, plus claims for work done with the supply-related and claims for the culpable failure of the counterparty to fulfill its obligations, including claims for the payment of compensation, extrajudicial collection costs, interest and any penalties. If the supply of identical, non-individualized affairs, is the consignment of items belonging to the oldest invoice shall be deemed to be sold first. The retention of title so on all items delivered that are still in stock, store and / or contents of the other party are at the time of the invocation of the retention. Articles subject to retention of title, may be sold, provided that he has obtained. Also a retention of title to the goods delivered to its customers by the other party in the course of normal business As long as the goods delivered to retention of title, the other party may not pledge or in any way make the business through property listings in the (actual) power of a financier. The other party must inform the user immediately in writing if third parties assert proprietary or other to have the goods under retention of title rights. The other party must do things as long as the retention on it rests carefully and save it as identifiable property of the user. The other party must provide for such corporate or home contents insurance that the goods under retention of title are delivered at all times be insured and the user will first request, provide insight into the insurance premium and the corresponding proofs. If the other party acts contrary to the provisions of this Article or the user invokes the title, comes to the user and his employees have the irrevocable right to enter the premises of the other party and take. Goods delivered under retention of title This is without prejudice to the right of the user to compensation for damages, lost profits and interest and may terminate the agreement without further notice, by written notice, to terminate.
Bankruptcy, incompetence, etc.
The user always has the right to terminate the agreement without further notice to terminate at the time when the other party by giving written notice to the other party: state of bankruptcy or a petition for bankruptcy is done, a (temporary) moratorium; affected by enforceable seizure, receivership or under administration, otherwise dispose of or legal capacity with respect to his assets or parts thereof. The other party must be the curator or the receiver always notify the (contents of the) agreement and these terms and conditions.
When force majeure on the part of the other party or the user, the user has the right to terminate the agreement or to suspend without any compensation to fulfill his obligations to the other party for a reasonable time by giving written notice to the other party shall be be. Force majeure on the part of the user is defined in the context of these conditions: a non-attributable shortcoming of the user, the engaged by third parties or subcontractors or other compelling reasons on the part of the user. Circumstances will force majeure on the part of the user will be understood include: war, riots, mobilization, foreign and domestic unrest, government action, strikes within the organization of the user and / or the other party or threat of these and similar circumstances, disruption at the time of entering into the agreement currency, business interruptions due to fire, burglary, sabotage, power failures, Internet or telephone connections or activities of hackers making the website (complete) is not available, natural phenomena, (natural) disasters, etc., as well as weather, blockades, accident, import and export restrictive measures similar transport difficulties and delivery problems. If the force majeure situation arises when the contract has been partially performed, the other party must at least fulfill his obligations to the user until that moment.
Cancellation and suspension
The provisions of this Article shall not apply to termination within the grace period provided for in Article 4 of these terms and conditions. If the other party wishes to cancel the agreement prior to or during the performance of which is liable for compensation to be determined by the user to the user. This compensation shall include all costs incurred by the user and by the cancellation suffered damages including lost profits. The user has the right to fix the damages and - at his discretion and depending on the deliveries have been made - 20 to charge up to 100% of the agreed price to the other party. The other party is liable to third parties for the consequences of cancellation and indemnifies the user against claims resulting from these third parties. The user has the right to deduct the compensation owed by the other party. All amounts paid by the other party Upon suspension of the execution of the agreement, at the request of the other party reimbursement for all costs currently incurred due immediately and the user must bring it to the other party. The user should make all during the period of suspension or transfer incurred by the other party. If the execution of the agreement after the agreed suspension period can not be resumed, the user has the right to terminate the agreement. By giving written notice to the other party If the execution of the agreement after the agreed suspension period is resumed, the other party must reimburse any costs arising from the resumption of the user.
Applicable law / jurisdiction
The agreement between the user and the other party is exclusively governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded. Any disputes shall be submitted to the competent court in the place where the user is located, except that the user always has the right to submit to the competent court in the place where the party is located. Dispute The consumer can always choose not to submit to the competent court, provided he makes this choice in good time to the user. Dispute Met tijdig wordt hier bedoeld: binnen één maand nadat de gebruiker schriftelijk aan de consument heeft meegedeeld het geschil te willen voorleggen aan de rechter van zijn vestigingsplaats. Indien de wederpartij gevestigd is buiten Nederland, heeft de gebruiker het recht er voor te kiezen het geschil voor te leggen aan de bevoegde rechter in het land of de staat waar de wederpartij gevestigd is.
Datum: 23 januari 2013