General terms and conditions
Article 1: Definitions
- Dripperdrip Worldwide Group B.V., trading under the name DRIPPERDRIP®, established in Helmond, CoC number 78330203, is referred to as the seller in these general terms and conditions.
- The other party to the seller shall be referred to as the buyer in these general terms and conditions.
- The parties are seller and buyer together.
- The agreement refers to the purchase agreement between the parties.
Article 2: Applicability of general terms and conditions
- These terms and conditions apply to all quotes, offers, agreements and deliveries of services or goods by or on behalf of seller.
- Deviation from these terms and conditions is only possible if this has been expressly agreed by the parties in writing.
Article 3: Payment
- The full purchase price is always paid directly in the store. In some cases a deposit is expected for reservations. In that case, the buyer will receive proof of the reservation and the prepayment.
- If the buyer does not pay on time, he/she will be in default. If the buyer remains in default, the seller will be entitled to suspend the obligations until the buyer has fulfilled its payment obligation.
- If the buyer remains in default, the seller will proceed to collection. The costs relating to such collection shall be borne by the buyer. These collection costs are calculated on the basis of the Compensation for Extrajudicial Collection Costs Decree (Besluit vergoeding voor buitengerechtelijke incassokosten).
- In the event of liquidation, bankruptcy, seizure or suspension of payment of the buyer, the seller’s claims against the buyer are immediately due and payable.
- If the buyer refuses to cooperate in the execution of the order by the seller, he is still obligated to pay the agreed price to the seller.
Article 4: Offers, quotes and price
- Offers are without obligation, unless the offer mentions a term of acceptance. If the offer is not accepted within that period, the offer will lapse.
- Delivery times in offers are indicative and, if exceeded, do not entitle the buyer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- Offers and quotes do not automatically apply to repeat orders. The parties must agree on this explicitly and in writing.
- The price mentioned on offers, quotes and invoices consists of the purchase price including the VAT due and any other government levies.
- A discount offer cannot be combined with other discount offers.
Article 5: Right of withdrawal
- After receiving the order, the consumer has the right to dissolve the contract within 14 days without giving any reason (right of withdrawal). The period starts from the moment the (entire) order is received by the consumer.
- There is no right of withdrawal if the products are worn, damaged or dirty.
- Consumers may use a seller’s withdrawal form. The seller is obliged to make this available to the buyer immediately after the question has been asked by the buyer.
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all delivered accessories and – if reasonably possible – in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6: Modification of the agreement
- If, during the execution of the agreement, it appears that for a proper execution of the assignment it is necessary to change or supplement the work to be done, the parties shall, in good time and in mutual consultation, adjust the agreement accordingly.
- If the parties agree that the agreement will be amended or supplemented, the time of completion of the implementation may be affected by this. Seller will inform buyer as soon as possible.
- If the amendment or supplement to the agreement has financial and/or qualitative consequences, the seller shall inform the buyer of this in advance and in writing.
- If the parties have agreed on a fixed price, the seller shall indicate to what extent the amendment or supplement to the agreement will result in this price being exceeded.
- Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances attributable to him.
Article 7: Delivery and transfer of risk
- As soon as the purchased item is received by the buyer, the risk passes from the seller to the buyer.
Article 8: Examination, complaints
- The buyer is obliged to examine the delivered goods (or have them examined) at the time of delivery, but in any case within the shortest possible period of time. In doing so, the buyer should examine whether the quality and quantity of the delivered goods are in accordance with what the parties have agreed upon, or at least whether the quality and quantity meet the requirements that apply to them in normal (commercial) traffic.
- Complaints regarding damage, shortages or loss of delivered goods must be submitted to the seller in writing within 10 working days after the day of delivery of the goods by the buyer.
- If the complaint is well-founded within the set period, the seller has the right to either repair, or to redeliver, or to renounce delivery and send the buyer a credit note for that part of the purchase price.
- Minor deviations and/or deviations customary in the industry and differences in quality, number, size or finish cannot be held against the seller.
- Complaints relating to a particular product do not affect other products or parts belonging to the same agreement.
- After the goods have been processed by the buyer, no further claims will be accepted.
Article 9: Samples and models
- If a sample or model has been shown or provided to the buyer, it is presumed to have been provided merely as an indication without the goods to be delivered having to correspond to it. This is different if the parties have explicitly agreed that the item to be delivered will correspond with the sample.
- In the case of contracts relating to immovable property, indication of the surface area or other dimensions and indications shall also be presumed to be merely an indication, without the goods to be delivered needing to correspond to this.
Article 10: Delivery
- Delivery takes place ‘ex factory/shop/warehouse’. This means that all costs are borne by the buyer.
- The buyer is obligated to take delivery of the goods at the time that the seller delivers them or has them delivered to him, or at the time at which these goods are made available to him in accordance with the agreement.
- If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the seller is entitled to store the item at the expense and risk of the buyer.
- If the goods are delivered, the seller is entitled to charge any delivery costs.
- If the seller requires information from the buyer for the execution of the agreement, the delivery period shall commence after the buyer has made this information available to the seller.
- A delivery period specified by the seller is merely indicative. This is never a fatal deadline. If the term is exceeded, the buyer must declare the seller to be in default in writing.
- Seller is entitled to deliver the goods in partial deliveries, unless the parties have agreed otherwise in writing or id partial deliveries do not have an independent value. In the event of delivery in parts, the seller is entitled to invoice these parts separately.
Article 11: Force majeure
- If the seller is unable to fulfil his obligations under the agreement, or to do so on time or properly, due to force majeure, he shall not be liable for any damage suffered by the buyer.
- Force majeure shall in any case mean any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be required by the buyer, such as illness, war or threat of war, civil war and riots, acts of war, sabotage, terrorism, energy failure, flooding, earthquake, fire, sit-down strikes, strikes, exclusion of workers, changed government measures, transport difficulties, and other disruptions to the seller’s business.
- Furthermore, the parties understand force majeure to mean the circumstance that supply companies on which the seller depends for the execution of the agreement do not fulfil the contractual obligations towards the seller, unless this can be blamed on the seller.
- If a situation as referred to above occurs as a result of which the seller is unable to fulfil its obligations towards the buyer, those obligations will be suspended for as long as the seller is unable to fulfil its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing.
- If the force majeure lasts longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution is only possible through registered letter.
Article 12: Transfer of rights
- No rights of either party under this agreement may be transferred without the prior written consent of the other party. This provision counts as a clause with property law effect as referred to in article 3:83, second paragraph, of the Dutch Civil Code.
Article 13: Retention of title and lien
- The goods present at seller’s premises and delivered goods and parts shall remain seller’s property until buyer has paid the entire agreed upon price. Until then, the seller may invoke his retention of title and repossess the goods.
- If the agreed amounts to be paid in advance are not paid or not paid on time, the seller shall be entitled to suspend the work until the agreed part has been paid. In that case there is a case of default of creditors. In that case, late delivery cannot be invoked against the seller.
- The seller is not entitled to pledge the goods subject to its retention of title or to encumber them in any other way.
- The seller is obliged to insure the goods delivered to the buyer subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft, and to make the policy available for inspection upon first request.
- If goods have not yet been delivered, but the agreed prepayment or price has not been paid in accordance with the agreement, the seller shall have the right of retention. The goods will not be delivered until the buyer has paid in full and in accordance with the agreement.
- In the event of liquidation, insolvency or suspension of payments of the buyer, the obligations of the buyer are immediately due and payable.
Article 14: Liability
- Any liability for damage arising from or in connection with the performance of an agreement shall always be limited to the amount paid out by the liability insurance(s) taken out in the case in question. This amount is increased by the amount of the deductible under the relevant policy.
- The seller’s liability for damage resulting from intent or deliberate recklessness on the part of the seller or his executive subordinates is not excluded.
Article 15: Duty of complaint
- The buyer is obligated to immediately report any complaints about the work carried out to the seller. The complaint contains as detailed a description as possible of the shortcoming, so that the seller is able to respond adequately.
- If a complaint is well-founded, then the seller is obliged to repair the goods and possibly replace them.
Article 16: Warranties
- If warranties are included in the agreement, the following applies. Seller guarantees that the sold product complies with the agreement, that it will function without defects and that it is suitable for the use that buyer intends to make of it. This guarantee is valid for a period of two calendar years upon receipt of the goods sold by the buyer.
- The purpose of the warranty referred to is to establish a risk allocation between the seller and the buyer in such a way that the consequences of a breach of a guarantee are always fully for the account and risk of the seller and that the seller can never invoke Section 6:75 of the Dutch Civil Code in respect of a breach of a warranty. The provisions of the previous sentence also apply if the infringement was known to the buyer or could have been known by carrying out an investigation.
- The aforementioned warranty does not apply if the defect has arisen as a result of injudicious or improper use or if – without permission – the buyer or third parties have made changes or attempted to make changes or have used the purchased item for purposes for which it is not intended.
- If the warranty provided by seller relates to an item produced by a third party, the warranty shall be limited to the warranty provided by that manufacturer.
- The displayed images of the product may differ slightly from reality due to the continuous development of the Dripperdrip products.
Article 17: Applicable law and competent court
- Any agreement between the parties is exclusively governed by Dutch law.
- The Dutch court in the district where Dripperdrip Worldwide Group B.V. is established/practises/keeps an office has exclusive jurisdiction to hear any disputes between the parties, unless the law requires otherwise.
- The applicability of the Vienna Sales Convention is excluded.
- If, in legal proceedings, one or more provisions of these general terms and conditions are deemed to be unreasonably onerous, the other provisions shall remain in full force and effect.