Terms and Conditions
All our deliveries are subject to our terms and conditions.
GENERAL CONDITIONS OF SUPPLY LUMIDEE BV
Article 1: general
1.1 In these terms, "Buyer" means those who enter into a (future) contracting party with Lumidee Headset Company BV and / or agree with Lumidee Headset Company BV regarding products to be delivered by us, including multiple natural and / or legal persons acting jointly.
1.2 These Terms and Conditions apply to all offers, agreements and all of the resulting commitments of Lumidee Headset Company BV, hereinafter referred to as "Seller", to and / or Buyers.
1.3 "Consumer" means a private buyer who does not act in the exercise of his profession or business and who concludes an agreement with Seller.
1.4 We expressly reject the application of our Buyer's own terms or conditions.
1.5 Boundary Terms and Conditions of Buyer Binding Seller only if and in so far as the Seller has confirmed in writing.
1.6 If any provision in the agreement concluded with Seller would lack legal validity, then Seller has the right to substitute for the nature of the terms and conditions, in view of the nature and other content of the agreement, the mutual recognizable interests of the parties and the other circumstances of the case, for the Buyer not unreasonably deterrent provision which approaches the naive as close as possible.
Article 2: Quotations
2.1 Quotations, including any related calculations, descriptions and other data, are free of obligation, unless, and only insofar as we have stated otherwise in writing, in writing. Acceptance of a non-binding offer does not result in any agreement.
2.2 If no quote or order confirmation has been sent, the invoice will also be considered as a confirmation of order.
Article 3: Establish agreement, commitments and the like.
3.1 A Seller's binding bid leads to an agreement if it has been accepted in writing and in writing, failing which no agreement is reached.
3.2 Deviations on subordinate points in acceptance are not considered as mentioned so that the agreement is established in accordance with Seller's offer.
3.3 Timely means that acceptance within the time limit specified in the tender and, failing that, within 15 working days of the date of the bid, must have been reached by the Seller.
3.4 In all other cases, Buyer Orders will not bind until and, as far as Seller has confirmed, or by Seller having initiated it. Confirmation may be made by the Seller in writing and orally. In the event of a verbal confirmation of an assignment, the existence and content of the agreement will be determined according to the rules of Dutch evidence.
3.5 If no confirmation has taken place within ten business days after the Seller has reached the Order, and has not been initiated by Seller within that period, no agreement has been reached.
3.6 The confirmation of the order shall be deemed to be correct, unless written notice has been received by the Seller after receipt of such confirmation. In that case, no agreement has been reached.
3.7 Do not bind verbal statements, promises and agreements with subordinates, agents, representatives, intermediaries, resellers and the like, except after and to the extent confirmed by Seller in writing and in so many words.
Article 4: Purchasing period for consumer purchases
4.1 A Consumer may, for 14 working days after receipt of the delivered case, terminate the agreement with Seller without giving any reason.
4.2 Termination of the agreement with Seller in accordance with paragraph 1 shall be in writing and at the same time of return of the goods / business received. The return of the item / business received will be borne entirely by the Consumer.
4.3 Seller is required to refund the amount paid by the consumer for a product returned during the cooling-off period within 30 days of receipt to the consumer.
Article 5: Price
5.1 The offered and agreed prices apply to warehouse, in standard packaging for shipping in the Netherlands, net cash and excluding VAT. Shipping costs are charged as additional costs.
5.2 As long as we have not yet delivered, we have the right to adjust the purchase price in connection with changes in one or more factors that affect our prices. The price date for the prizes is the date of the agreement or the sale by which the seller made a binding offer. If a fixed price applies, those changes will not apply until the first day after the fixed price agreement.
Article 6: Delivery risk
6.1 Delivery is made by the Seller.
6.2 If, after notice of default, the Purchaser fails to receive and / or decline, Seller has the right to act entirely at the expense of and at the risk of Buyer in terms of business and, if necessary, to proceed to storage and sale, without prejudice to the remaining Seller's rights.
6.3 The risk of delivery is transferred to the principal at the earliest times mentioned in 5.1 above, even if delivery other than the warehouse has been agreed.
6.4 When the Seller concludes an agreement with a Consumer, the risk of the delivered goods is transferred to the Consumer only after the Consumer has received the delivered.
Article 7: Delivery periods
7.1 Delivery to the Buyer shall be made within 30 days of the conclusion of the agreement.
7.2 The delivery period will commence on the first day after the date of the conclusion of the agreement.
7.3 Except where Seller has exceeded the time limit referred to in paragraph 1, notice of default must be made in writing with due observance of a reasonable period.
7.4 In the event that Buyer fails to comply with any obligation arising out of the agreement or on any cooperation required for execution of the agreement, without prejudice to the other Seller's rights, the term of delivery shall be extended with the duration of the delay which thereby arises.
7.5 In addition to any agreed fine for exceeding the terms for delivery, the Purchaser may not claim damages.
Article 8: ownership
8.1 The ownership of the delivered products will not be transferred to the Buyer until it has been fulfilled by its contractual obligations under the contract, including any damages, costs, interest and fines, even if the security has been secured.
8.2 Buyer will not process or alienate the delivered products other than in the normal course of business.
8.3 If Buyer fails to pay any sum due, we shall be entitled to refund all unpaid items, as far as the Buyer has already supplied.
8.4 In case as referred to in paragraph 2, Seller is authorized to return all such products at the Buyer's expense.
8.5 Buyer gives Seller and the representatives designated by the seller permission to enter his business premises, warehouses, etc. with that purpose.
Article 9: Payment and security
9.1 Payment must be received by the seller within 14 days after the invoice date.
9.2 All payments must be made in the currency as stated on the invoice without any right of suspension or settlement.
9.3 If the Buyer has not complied with any obligation to Seller, has not fully or in due time, applied for a suspension of payment. If bankruptcy has been declared or a liquidation decision has been taken, he is in default, all claims by Seller suddenly due and interest is calculated on the basis of the legal interest rate then increased by 2% due from that moment or the previous day of retirement. The Buyer shall then live to Seller to comply with the extrajudicial costs we owe to third parties in accordance with applicable declarations and, due to our internal costs, 5% of that total, without prejudice to Seller's claims on any judicial cost.
9.4 In addition, Seller has the right to suspend the (further) execution of the Seller's obligations for a period of no more than one month and to recoup the property owned by Seller or the current agreement and one or more to declare all or part of the agreements concluded with the Purchaser, all this without prejudice to the other Seller's rights. During the suspension period, Seller has the right, at the end of the term, to choose (further) execution or for full or partial termination of the suspended agreements.
9.5 In a case as referred to in Article 8.4, the discount agreements that have been agreed upon with the client will expire. Seller has the right to deliver remittance where the remission fee is paid by the Buyer, or (multiple) security for the payment of his debts. In the event of the Buyer's refusal or inability to provide appropriate security, Seller is entitled to dissolve the agreement without partial or partial dissolution and to withdraw the property belonging to Seller.
Article 10: Performance and Warranty, Limitation of Liability
10.1 If the manufacturer of a product related to that product has issued any warranty, Seller to the Buyer of that product who wishes to claim that warranty shall transfer our claims to the manufacturer if possible. Furthermore, Seller's warranty does not apply.
10.2 Any defects in numbers will be delivered by Seller as soon as possible, after this Seller has been shown, provided that the quantities delivered have been paid in due time.
10.3 Damaged products will be replaced by Seller as soon as possible after they have been returned free of charge by Seller and it has been shown that the damage is borne by Seller.
10.4 The Seller's obligations arising from the preceding paragraphs of this Article may be suspended by Seller until the Buyer has fulfilled all his due obligations to Seller.
10.5 Subject to the intent and gross negligence of the Seller's actual Chief Executive Officers, Seller is not liable for any indirect damage to the Client or third party and the liability of Seller for direct damage is in any event limited to the invoice amount of the delivery in respect of which the damage is being advanced.
10.6 Buyer indemnifies Seller of any third party claims for damages for which we have excluded liability.
10.7 Article 10.5 does not apply to an agreement between Seller and Consumer.
Article 11: Advertising expiration of claim
11.1 Any claim in respect of defects in the case of Seller will expire if not notified within 2 months of delivery.
11.2 In the case of transport by third parties, the Purchaser shall be obliged to make a declaration of damage by the carrier, in the event of damage to the goods, before receiving it, in accordance with the law of expiry of the right to advertising.
11.3 If the products are removed from our warehouse by or because of the client, they must be inspected immediately and any known advertisements should be reported immediately, all of which are subject to the expiry of the right to advertisement.
11.4 Slight differences in quality, color, etc. can not give rise to advertisements.
11.5 Agreed return shipments must be made free of charge.
11.6 A waived claim can not serve as a defense.
11.7 In the event of non-timely, non-full or non-compliant delivery attributable to Seller, the Seller's liability does not extend beyond his obligation to repair or improve the delivery or repayment of the payment made in respect of that delivery. to deposit. At the option of the Seller.
Article 12: Subsidiarity
12.1 If the Purchaser consists of more than one natural or legal person, they are all solely responsible for the fulfillment of the Buyer's obligations towards Seller.
Article 13: Force majeure
13.1 The Seller's obligations under the agreement are suspended for the duration that Seller is prevented from performing such obligations by force majeure.
13.2 With prevented equality: severely complicated.
13.3 With force majeure, war, warfare, civil war, riot, molest fire, water damage, flooding, strike, company occupation, exclusion, import and export barriers, government measures, machine failures, malfunctions in the supply of water and / or energy in the Company of Seller.
13.4 Force majeure shall also be deemed to be equivalent to the conditions mentioned in section 13.3 in the business of third parties from whom we involve all or part of the necessary services, materials, commodities and the like.
13.5 Force majeure shall also be deemed to be equivalent to the conditions set out in 13.3 when any one occurs during storage or during transport, whether in its own right or not.
13.6 Force majeure shall be deemed to be equal to all other circumstances of our will, subject to intent and gross negligence on the part of the Company's Board of Directors and those of those who are in charge of the performance of the agreement.
13.7 If, due to force majeure, the execution of (a part of) the agreement has been delayed for more than one month, both parties have the right to dissolve the (rest of) the agreement in writing. This does not lead to damages again and again. Any payments received in advance will be refunded by Seller, provided that the refund is returned to us, provided that the Seller has already performed, will be paid by the Buyer or will be deducted from him in proportion to the agreed invoice values.
Article 14: applicable law, disputes
14.1 The legal relationship between Buyer and Seller is governed by Dutch law, with the exception of the provisions of the Uniform Laws on the Establishment of (Purchase) Agreements and International Purchase of Movement.
14.2 All disputes arising from the legal relationship or following further agreements resulting from that legal relationship shall be decided by the Dutch judge. In the first place, the court shall be competent only by the court in 's-Hertogenbosch.
14.3 The parties will try to reach agreement in the first place.