De winkelwagen is leeg
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De winkelwagen is leeg
1.1 In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.
User: Ballast Products.nl is the user of these general terms and conditions.
Buyer: The other party of the user, acting in the exercise of a profession or business, to which the user sells and delivers goods, as well as to which the user also provides services, if applicable, etc.
Agreement: The agreement between user and buyer.
2.1 These terms and conditions apply to all legal relationships between the user and the buyer, including every offer, quotation and agreement between the user and the buyer to which the user has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.
2.2 The present terms and conditions also apply to all agreements with the user, for the execution in which third parties must be involved.
2.3 Any deviations from the general terms and conditions are only valid if they have been expressly agreed in writing.
2.4 The applicability of any purchase or other conditions of the buyer is expressly rejected.
2.5 If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. User and buyer will then enter into consultation in order to agree on new provisions to replace void or voided provisions, taking into account the purpose and intent of the original provision if and as much as possible.
3.1 Every offer made by the user is without obligation, unless a term for acceptance is expressly stated in or in connection with that offer.
3.2 The prices in the said offers/quotations are exclusive of VAT and other government levies, as well as any costs to be incurred in the context of the agreement, including shipping and administration costs, unless otherwise agreed.
3.3 The offer is based solely on the information provided for this purpose by the buyer, whereby the user may rely on its accuracy and completeness. The buyer guarantees the correctness and completeness of the information referred to.
3.4 The agreement between user and buyer is concluded in one of the following ways and times.
a) Or, if no order confirmation is sent, at the time at which an offer made by the user has been expressly accepted by the buyer orally or in writing and unaltered;
b) Or, if an order confirmation is sent, at the moment at which the user has started the execution of the order at the request of the buyer.
c) Or, at the moment at which the user has started the execution of the order at the request of the buyer.
Each of the parties is nevertheless free to prove that the agreement was concluded in a different way and/or at a different time.
4.1 The price is exclusive of VAT and any costs to be incurred in the context of the agreement.
4.2 User is entitled to increase this price, for example in the event of amendment or supplementation of the agreement.
4.3 Furthermore, the user is entitled to pass on price increases if the rates with regard to, for example, wages or other costs have increased between the time of offer and delivery.
4.4 Shipping costs for weights up to 10 KG are 9.95 euros. For weights up to 25 KG, this is 14.95 euros. For weights up to 50 KG this is 29.95. For weights from 50 KG to 1000 KG, the amount is €55. Above that you can count on €55 per thousand kilos or you can contact one of our employees.
5.1 Payment must be made within 14 days of the invoice date, in a manner to be indicated by the user in the currency in which the invoice is made, without
that deduction, discount or set-off is allowed. Customer can also choose to pay directly. Objections to the amount of the invoices do not suspend the payment obligation.
5.2 If the buyer fails to pay within the period of 14 days, the buyer is legally in default. In that case, the buyer owes an interest equal to the applicable statutory commercial interest. The interest on the amount due and payable will be calculated from the moment that the buyer is in default until the moment of payment of the full amount, whereby part of a month is counted as a full month.
5.3 In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the user’s claims against the buyer are immediately due and payable.
5.4 User has the right to have the payments made by the buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. User can, without being in default as a result, refuse an offer of payment if the buyer designates a different order for the allocation. The User may refuse full repayment of the principal if the outstanding and accrued interest as well as the costs are not also paid.
5.5 In the event that any payment term is exceeded, the user is entitled to stop further deliveries to the buyer until the full outstanding amount from all agreements concluded with the user has been paid in full. In this case, the user is also entitled to send the following items exclusively cash on delivery.
6.1 All goods delivered by the user remain the property of the user until the buyer has fully complied with all obligations under all agreements concluded with the user, this at the discretion of the user.
6.2 The buyer is not authorized to pledge or in any other way encumber the goods subject to retention of title.
6.3 If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights thereon, the buyer is obliged to inform the user of this as soon as can reasonably be expected.
6.4 The buyer undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection on first request.
6.5 Goods delivered by the user, which are subject to retention of title pursuant to sub 1. of this article, may only be resold in the context of normal business operations and never be used as a means of payment. In the event of resale, the buyer also undertakes to (re)deliver under retention of title.
6.6 In the event that the user wishes to exercise his property rights referred to in this article, the buyer already now grants unconditional and irrevocable permission to the user or third parties to be designated by him to enter all those places where the user’s property is located and to take those things back.
7.1 All judicial and extrajudicial (collection) costs reasonably incurred by the user in connection with the non- or late fulfillment by the buyer of his payment obligations are for the account of the buyer.
7.2 The buyer owes the statutory interest on the collection costs incurred.
8.1 Complaints must be reported to the user in writing by the buyer within 7 days after discovery. The letter of complaint must contain a description of the complaint as detailed as possible, so that the user is able to respond adequately.
8.2 If a complaint is justified, the user is authorized at his own discretion either to adjust the invoice amount, or to deliver/provide the relevant product or service again, or to refund part of the price already paid without further performance of the agreement. to give
8.3 If the buyer has not complained within the term set in Article 8.1, all his rights and claims for whatever reason, with regard to what he has complained about or could have complained about within that term.
9.1 Without prejudice to the provisions of article 8, if the buyer is of the opinion or continues to be of the opinion that the user has not performed the agreement on time, not fully or not properly, unless this has already been done on the basis of the provisions of article 8.1, immediately to notify the user and to enforce the claims based thereon within one year after the date of the aforementioned notification, or within one year after that notification should have been given, in the absence of which all his rights and claims will be forfeited. in this regard shall lapse upon expiry of the term referred to above.
10.1 If the buyer does not, not properly or not timely fulfill any obligation towards the user, if the buyer has been declared bankrupt or
a request to that effect has been submitted to the court, if the buyer has applied for suspension of payment or has been granted this, if the company of
the buyer is shut down or liquidated, if the buyer’s goods are seized, or if the buyer is placed under administration or guardianship, the user has the right to suspend the fulfillment of all his obligations towards the buyer or to suspend the agreement with the buyer, without any notice of default or judicial intervention and without being obliged to pay any compensation, dissolve it in whole or in part, without prejudice to the other rights of the user, including those to compensation.
11.1 If the user should be liable, this liability is limited to what is arranged in this provision.
11.2 The liability of the user for damage of the buyer, which is caused by late, incomplete or improper execution of the agreement, is limited to a maximum of the (invoice) amount charged by the user to the buyer for the delivered goods and/or for the performance of the work in which the cause of the damage lies. Any compensation owed by the user to the buyer will, however, never exceed the amount for which the user’s liability is covered by insurance, at least up to a maximum of €100,000, insofar as the said insurance would not cover grant. The foregoing is subject to exception in the event of intent or equivalent gross negligence on the part of the user. User in this and the following provisions of that article also includes his employees as well as any third parties engaged by him for the execution of the assignment.
11.3 The user is not liable for damage caused by the fact that the buyer has not complied with his information obligation arising from article 3.3, unless this damage is partly caused by intent or equivalent gross negligence on the part of the user.
11.4 Furthermore, the user is not liable for damage caused by acts or omissions of third parties involved by the buyer in the execution of the order, unless that damage is partly caused by intent or equivalent gross negligence on the part of the user.
11.5 The user is otherwise always authorized to limit or undo the buyer’s damage as much as possible, for which the buyer will lend its full cooperation.
11.6 The buyer is obliged to limit or, where possible, reverse his/her damage and/or that of its members as much as possible.
11.7 User is never liable for indirect damage, including consequential damage, lost profit, lost savings or damage due to business interruption. The foregoing applies in the event of intent or equivalent gross negligence on the part of the user.
12.1 The buyer indemnifies the user against claims from third parties with regard to intellectual property rights on materials or data provided by the buyer, which are used in the execution of the agreement.
12.2 The buyer indemnifies the user against claims from third parties with regard to damage, which is related to or ensues from the agreement performed by the user, if and insofar as the user is not liable for this towards the buyer pursuant to the provisions of article 11.
13.1 The parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not due to fault, and is not for their account under the law, a legal act or generally accepted standards.
13.2 In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all emerging causes, foreseen or unforeseen, over which the user cannot exert any influence, but as a result of which the user is unable to fulfill its obligations. . This includes strikes in the user’s company.
13.3 In the event of force majeure, the buyer cannot claim any compensation.
13.4 If a case of force majeure leads to the agreed date or term being exceeded, the buyer has the right to cancel the agreement concerned
to dissolve by means of a written statement. This dissolution does not extend to goods that have already been delivered; these must be paid to the user with due observance of article 5 of these general terms and conditions.
14.1 The court in the user’s place of business has exclusive jurisdiction to hear disputes, unless mandatory provisions prescribe otherwise.
14.2 All legal relationships between the user and the buyer to which these general terms and conditions apply are governed by Dutch law. The Vienna Sales Convention is expressly excluded.
15.1 These terms and conditions have been filed at the office of the Chamber of Commerce in Rotterdam
15.2 The most recently filed version or the version that applied at the time of the conclusion of the agreement is always applicable.
16.1 When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and made known to the entrepreneur.
16.2 During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and if reasonably possible in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
16.3 If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
16.4 If the customer has not made it known after the expiry of the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.
17.1 If the consumer makes use of his right of withdrawal, the costs of return will be for his account at most.
17.2 If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
18.1 The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.
18.2 Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with the consumer’s specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
18.3 Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.
19.1 We recommend that you first make complaints known to us by sending an email to info@ballastproducten.nl. If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur. From 15 February 2016 it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr . If your complaint is not yet being handled elsewhere, you are free to file your complaint via the European Union platform.