Terms and Conditions
General sales, delivery and payment conditions of Dustrycom located in Bergschenhoek.
Article 1: General 1.1 These terms and conditions apply to every offer, quotation and agreement that you enter into with Dustrycom. These conditions have been filed with the Chamber of Commerce in Rotterdam and will be sent by us on request.
1.2 Placing an order or accepting an offer means that you accept the applicability of these terms and conditions.
1.3 Deviations from these terms and conditions are only binding if and insofar as they have been confirmed by us in writing. In the event of a partial deviation agreed in writing, the other provisions of these general terms and conditions will remain fully applicable.
1.4 The applicability of any purchase or other conditions of the Other Party is expressly rejected.
1.5 If there is uncertainty about the interpretation of one or more provisions of these general terms and conditions, the explanation must be in accordance with the spirit of these provisions.
1.6 If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed accoding these general terms and conditions.
Article 2: Quotations, Offers & Order Confirmation
2.1 All quotations and offers from Dustrycom are without obligation, unless a term for acceptance has been set in the quotation. A quotation or offer lapses if the product to which the quotation or offer relates is no longer available in the meantime.
2.2 Dustrycom expressly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations. See also article 3.6.
2.3 Dustrycom cannot be held to its quotations or offers if the Other Party can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistake or error.
2.4 The prices stated in a quotation or offer are exclusive of VAT and other government levies as well as any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless indicated otherwise.
2.5 If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, Dustrycom is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless Dustrycom indicates otherwise.
2.6 A composite quotation does not oblige Dustrycom to perform part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
2.7 An agreement is only concluded after acceptance of the signed order confirmation by Dustrycom. Dustrycom is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Dustrycom will inform you within ten (10) working days after receipt of the order.
Article 3: Price, Payment & Agreement
3.1 The prices stated for the products and services offered are in euros, excluding VAT and excluding administration and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
3.2 Payment can be made by direct debit “Ideal”, on account provided that creditworthy and business use or payment in advance, unless otherwise agreed in writing. The buyer is not authorized to deduct any amount from this purchase price due to a counterclaim made by him.
3.3 Payment of invoices must be made in full within 30 days of the invoice date.
3.4 If the buyer does not agree with our invoice, complaints must be submitted in writing no later than eight days after the invoice date. After the expiry of this period, the client has lost his right to protest.
3.5 As long as the buyer has not paid or has not fully paid the delivered goods, they remain our property and we are entitled to take back the said goods without any notice of default, in which case we have the right to dissolve the agreement and to claim compensation for damage suffered.
3.6 Without prejudice to the provisions of 3.6, we require new customers to pay a deposit on the price of the assignment, depending on the nature and size of the assignment. A deposit may apply for a subsequent order. This depends on the nature and scope of the assignment. The required deposit (percentage) is always stated in the quotation and the order confirmation or you will be informed by e-mail.
3.7 Extrajudicial collection costs are in any case owed by the client if a third party is engaged for the collection.
3.8 If payment has not been made immediately and in full when the payment term expires, the buyer owes the seller a compensation for interest of 1 percent per month on the then outstanding amount until the time of full payment without prior notice of default.
3.9 If the buyer does not fulfill his payment obligations in time, nor does he comply with a notice of default with a term of one week, the seller is entitled to regard the purchase agreement as dissolved without judicial intervention. In that case, the buyer is liable for the damage suffered by the seller, including loss of profit, transport costs and costs of the notice of default.
3.10 If the seller proceeds to extrajudicial collection in the event of default by the buyer (including bankruptcy), the costs thereof will be borne by the buyer, which are at least fifteen percent (15 percent) of the outstanding amount with a minimum of €750.00 excluding the VAT owed on this, without prejudice to Dustrycom’s authority to instead claim the extrajudicial costs actually incurred.
3.11 If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by Dustrycom.
3.12 If a term has been agreed or specified for the completion of certain activities or for the delivery of certain items, this is never a strict deadline. If a term is exceeded, the other party must therefore give Dustrycom written notice of default. Dustrycom must be offered a reasonable term to still implement the agreement.
3.13 Dustrycom has the right to have certain activities performed by third parties.
3.14 Dustrycom is entitled to execute the agreement in different phases and to invoice the part thus executed separately.
3.15 If Dustrycom requires information from the other party for the execution of the agreement, the execution period will not commence until after the other party has made these correctly and completely available to Dustrycom.
3.16 If Dustrycom agrees on a certain price at the time of concluding the agreement, Dustrycom is nevertheless entitled to increase the price under the following circumstances, even if the price was originally not stated subject to reservation.
Article 4: Returns 4.1 If the product does not meet your expectations, we ask you to report this to us within 14 days of delivery. In consultation you can return the goods, provided they are in new condition, unused and in the original packaging. For returns, always contact our customer service, firstname.lastname@example.org
Article 5: Sending Franco house. If the order amount is < € 150.00 net, a contribution of € 7.50 for administration and shipping costs will be charged.
Article 6: Liability
6.1 Dustrycom is never liable for the consequences of incorrect and/or incompetent use of the delivered goods. For articles that Dustrycom does not manufacture itself, the liability passes to the supplier of the articles.
6.2 The content of the site Dustrycom.com has been given the greatest possible care. All information, prices, advice, documentation, descriptions, offers, conditions and other texts and images on the site www.Dustrycom.com are expressly subject to change. No rights can be derived.
6.3 Slight color deviations between delivered items may occur and must be accepted.
Article 7: Time and Delivery
7.1 The delivery times specified by Dustrycom are only indicative. Exceeding any delivery term does not entitle you to compensation or the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery term is such that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary.
7.2 The delivery of the products takes place at the place and time at which the products are ready for shipment to you.
7.3 The goods will be delivered by the seller to, or will be sent for delivery to, the agreed place or places in the manner specified in the order or agreed afterwards.
7.4 If the goods have been put into production by Dustrycom, the other party is not permitted to change the order in whole or in part.
7.5 Under no circumstances is it possible to change or cancel the order if the goods must be printed or embroidered with a name and/or logo desired by the buyer. In that case, the buyer is at all times obliged to purchase and pay.
Article 8: Transfer of ownership and risk
8.1 The ownership of the delivered products only transfers if you have paid all that you owe to Dustrycom under any agreement. The risk with regard to the products already transfers to you at the time of delivery. 8.2 If Dustrycom has reasonable doubts about the payment capacities of the other party, the seller is authorized to postpone the delivery of goods pursuant to article 3, paragraph 6, until the buyer has provided security for the payment.
Article 10: Force majeure
10.1 Without prejudice to its other rights, Dustrycom has the right in the event of force majeure, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by notifying you of this in writing and this without Dustrycom being obliged to pay any compensation.
10.2 Force majeure is understood to mean any shortcoming that cannot be attributed to Dustrycom, because it is not due to its fault and is not for its account under the law, legal act or generally accepted standards.
10.3 If the force majeure occurs while the agreement has already been partially performed, the buyer has the authority, if the remaining delivery is delayed by more than two months due to force majeure, to either keep the part of the goods already delivered and the purchase price owed for it. or to consider the agreement also terminated for the part already performed, subject to the obligation to return that which has already been delivered to the seller at the expense and risk of the buyer, if the buyer can demonstrate that the already delivered part of the goods can no longer be used effectively by the buyer as a result of the non-delivery of the remaining goods.
Article 11: Dissolution
11.1 Without prejudice to the provisions of this article, the purchase agreement will be dissolved without judicial intervention and without any notice of default being required, at the time when the buyer is declared bankrupt, applies for a provisional suspension of payments or the loses the power of disposition over its assets or parts thereof, unless the trustee in bankruptcy or the administrator acknowledges the obligations arising from this purchase agreement as an estate debt.
11.2 Due to the dissolution mutual claims become immediately due and payable. The buyer is liable for the damage suffered by the seller, including loss of profit and transport costs.
Article 12: Applicable law
12.1 Dutch law applies to all legal relationships.
Article 13: Competence
13.1 All disputes arising from the legal relationships between the parties will be submitted to the competent Dutch court in Rotterdam.