1. Definitions

1.1 In these general terms and conditions, the following terms shall have the following meanings, unless explicitly stated otherwise.
User: Ballast Producten.nl is the user of these general terms and conditions.
Buyer: The counterparty of the user, acting in the exercise of a profession or business, to whom the user sells and delivers goods, as well as, where applicable, provides services, etc.
Agreement: The agreement between the user and the buyer.

2. Applicability

2.1 These conditions apply to all legal relationships between the user and the buyer, including any offer, quotation, and agreement between the user and the buyer to which the user has declared these conditions applicable, unless the parties have explicitly and in writing deviated from these conditions.
2.2 These conditions also apply to all agreements with the user, for the execution of which third parties need to be involved.
2.3 Any deviations from these general terms and conditions are only valid if expressly agreed in writing.
2.4 The applicability of any purchasing or other conditions of the buyer is explicitly rejected.
2.5 If one or more provisions in these general terms and conditions are null and void or may be nullified, the remaining provisions shall remain fully applicable. The user and the buyer shall consult to agree on new provisions to replace the null or voided ones, taking into account the purpose and intent of the original provisions as much as possible.

3. Offers and Formation of Agreement

3.1 Any offer made by the user is without obligation, unless a term for acceptance is explicitly stated in or in connection with that offer.
3.2 The prices in said offers/quotations are exclusive of VAT and other government-imposed levies, as well as any costs to be incurred in connection with the agreement, including shipping and administration costs, unless otherwise agreed.
3.3 The offer is based solely on the information provided by the buyer, on which the user may rely for accuracy and completeness. The buyer guarantees the accuracy and completeness of the provided information.
3.4 The agreement between the user and the buyer is established in one of the following ways and at the following moments:
a) If no order confirmation is sent, at the moment an offer made by the user is explicitly accepted by the buyer, either orally or in writing and without changes;
b) If an order confirmation is sent, at the moment the user starts the execution of the order at the request of the buyer;
c) At the moment the user begins execution of the order at the buyer’s request.
Nevertheless, each party is free to prove that the agreement was concluded in a different manner and/or at a different time.

4. Price and Costs

4.1 The price is exclusive of VAT and any costs to be incurred under the agreement.
4.2 The user is entitled to increase this price, for example, in case of modification or supplementation of the agreement.
4.3 Furthermore, the user is entitled to pass on price increases if the rates regarding, for example, wages or other costs have increased between the time of the offer and the delivery.
4.4 Shipping costs are: up to 20 KG – €11.95; up to 40 KG – €23.95; up to 60 KG – €34.95; from 60 KG to 80 KG – €46.95. Above this, you may count on €85 per 1000 kilos, or you may contact one of our staff members.

5. Payment

5.1 Payment must be made within 14 days from the invoice date, in a manner indicated by the user and in the invoiced currency, without deduction, discount, or offset. The customer may also choose to pay immediately. Objections to the amount of the invoice do not suspend the payment obligation.
5.2 If the buyer fails to pay within the 14-day term, the buyer shall be in default by operation of law. The buyer shall then owe interest equal to the statutory commercial interest rate. Interest on the payable amount shall be calculated from the time the buyer is in default until full payment, where part of a month is counted as a full month.
5.3 In case of liquidation, bankruptcy, attachment, or suspension of payment of the buyer, the claims of the user against the buyer become immediately due and payable.
5.4 The user has the right to allocate payments made by the buyer first to reduce costs, then to reduce accrued interest, and finally to reduce the principal and current interest. The user may refuse an offer of payment without being in default if the buyer designates a different order of allocation. The user may refuse full repayment of the principal if the outstanding and current interest and costs are not also paid.
5.5 If any payment term is exceeded, the user is entitled to suspend further deliveries to the buyer until the full outstanding amount under all agreements with the user has been paid. In this case, the user is also entitled to send further goods on a cash-on-delivery basis only.

 

6. Retention of Title

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, at the discretion of the user.
6.2 The buyer is not authorized to pledge or otherwise encumber the goods subject to retention of title.
6.3 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the buyer is obliged to inform the user as soon as may reasonably be expected.
6.4 The buyer is obliged to insure and keep insured the goods delivered under retention of title against fire, explosion, and water damage as well as theft, and to provide the insurance policy for inspection at the first request.
6.5 Goods delivered by the user that fall under the retention of title pursuant to this article may only be resold in the normal course of business and never used as a means of payment. In case of resale, the buyer is also obliged to deliver under retention of title.
6.6 If the user wishes to exercise its ownership rights under this article, the buyer already gives unconditional and irrevocable permission to the user or third parties designated by the user to enter all locations where the user’s property is located and to repossess those items.

7. Collection Costs

7.1 All reasonable judicial and extrajudicial (collection) costs incurred by the user due to the buyer’s failure to meet payment obligations on time shall be borne by the buyer.
7.2 The buyer owes statutory interest on the incurred collection costs.

8. Inspection and Complaints

8.1 Complaints must be reported in writing to the user by the buyer within 7 days after discovery. The complaint must contain a description as detailed as possible to enable the user to respond adequately.
8.2 If a complaint is justified, the user is entitled at its discretion to adjust the invoice amount, re-deliver the product or service, or refund part of the price already paid without further execution of the agreement.
8.3 If the buyer fails to file a complaint within the period specified in Article 8.1, all rights and claims of the buyer in respect of what the complaint relates to shall lapse.

9. Limitation Period

9.1 Without prejudice to the provisions of Article 8, the buyer is obliged, if they believe that the user has not performed the agreement timely, completely, or properly, to notify the user in writing immediately and to bring any resulting claims within one year from that notification, failing which all rights and claims shall lapse.

10. Suspension and Termination

10.1 If the buyer fails to meet any obligation towards the user, or in case of bankruptcy, suspension of payment, liquidation of the company, seizure of assets, or guardianship, the user is entitled to suspend all obligations or to terminate the agreement in whole or in part without notice or judicial intervention and without being liable for damages.

11. Liability

11.1 If the user is liable, this liability is limited as set out in this article.
11.2 The user’s liability for damage caused by untimely, incomplete, or improper performance of the agreement is limited to the invoice amount charged for the relevant goods or services, and never exceeds €100,000 unless covered by insurance.
11.3 The user is not liable for damage caused by incorrect information provided by the buyer.
11.4 The user is not liable for damage caused by third parties engaged by the buyer.
11.5 The user has the right to limit or undo the damage as much as possible, and the buyer must cooperate.
11.6 The buyer must limit or undo their own damages as much as possible.
11.7 The user is never liable for indirect damage, such as consequential loss, lost profits, missed savings, or business interruption.

12. Indemnification

12.1 The buyer indemnifies the user against third-party claims related to intellectual property rights on materials or data provided by the buyer.
12.2 The buyer indemnifies the user against third-party claims related to or arising from the agreement executed by the user, insofar as the user is not liable under Article 11.

13. Force Majeure

13.1 The parties are not obliged to perform any obligation if they are prevented from doing so by a circumstance not attributable to them by law, legal act, or generally accepted views.
13.2 Force majeure includes all external causes beyond the user’s control that prevent fulfillment of obligations, including strikes.
13.3 In case of force majeure, the buyer cannot claim damages.
13.4 If force majeure results in a delay beyond the agreed delivery date, the buyer may terminate the agreement for that part by written notice.

14. Applicable Law and Disputes

14.1 The court in the location of the user’s registered office has exclusive jurisdiction over disputes, unless mandatory law provides otherwise.
14.2 All legal relationships between the user and the buyer are governed by Dutch law. The Vienna Sales Convention is explicitly excluded.

15. Filing Location

15.1 These terms and conditions are filed with the Chamber of Commerce in Rotterdam.
15.2 The latest version filed or the version valid at the time the agreement was concluded applies.

16. Right of Withdrawal

16.1 Consumers have the right to cancel the agreement within 14 days without stating a reason. This period starts the day after receipt of the product.
16.2 During the reflection period, the consumer shall handle the product and packaging with care and may only use it to the extent necessary to assess whether to keep it.
16.3 To exercise the right of withdrawal, the consumer must notify the seller within 14 days using the model form and return the product within another 14 days.
16.4 If the consumer fails to comply with the above timelines, the purchase becomes final.

17. Costs in Case of Withdrawal

17.1 If the consumer exercises the right of withdrawal, the return shipping costs are borne by the consumer.
17.2 If the consumer has already paid, the seller will refund the amount within 14 days, provided the product has been returned or proof of return has been submitted.

18. Exclusion of Right of Withdrawal

18.1 The right of withdrawal may be excluded for certain products if stated clearly before the contract is concluded.
18.2 Exclusion is only possible for:
a. Custom-made products;
b. Personal items;
c. Perishable goods;
d. Newspapers, magazines;
e. Audio/video recordings and software if the seal is broken;
f. Hygienic products if the seal is broken;
g. Services with a fixed date or period;
h. Services started with consent before the withdrawal period ends;
i. Lotteries and bets.

19. Complaints Procedure

19.1 Complaints should be submitted first via email to info@ballastproducten.nl. If this does not lead to a resolution, you can submit your dispute to Stichting WebwinkelKeur or through the EU ODR platform: http://ec.europa.eu/odr.