- These terms and conditions apply to all deliveries and/or sales and/or other legal relationships of Riquezacompany, hereinafter referred to as the supplier, and its customers and/or clients, hereinafter referred to as the customer. Ordering, or asking for choice, concluding a purchase agreement or acceptance of a delivery by the customer implies on its part the declaration that these general delivery and sales conditions are known to the customer and are accepted by him. A general reference by the customer to any other general terms and conditions applies to the supplier.
- All offers from the supplier are always without obligation. If the customer places an order, the agreement is only concluded when the supplier accepts it in writing or starts the execution thereof.
- These conditions can only be deviated from in writing.
Retention of title
- The supplier reserves the ownership of goods delivered or to be delivered by him until he has been paid in full:
a) the performance owed by the customer for all goods delivered or to be delivered under the agreement;
b) claims due to failure of the customer in the fulfillment of such agreements;
The customer is not permitted to invoke a right of retention with regard to the storage costs and to set these costs off against the performances owed by him.
- If any item belongs to the supplier as a result of the above, the customer can only dispose of it in the context of its normal business operations.
- If the customer is in default with regard to the performance as referred to in paragraph 1. The supplier is entitled to take back the goods belonging to him, at the expense of the customer, from the place where they are located at that time. moment. The customer hereby irrevocably authorizes the supplier to enter (or cause to be entered) the spaces used by or for the customer. All items in the possession of the customer that come from the supplier are always deemed to be the same as those stated on the unpaid invoices, insofar as at least the quantity of items in possession of the type and composition stated on the unpaid invoices, as well as not exceed the interest still to be settled. As long as they have not been paid in full, the goods may not be loaned or pledged or given to third parties as security.
- Delivery times agreed with the supplier are an indication and not a deadline.
- Delivery takes place ex-factory, resp. place of establishment.
- The supplier is entitled to fulfill the performance owed by him in parts.
- Prices Prices quoted are without obligation and apply from the supplier's place of business, except for so-called subsequent deliveries that can be carried out by the supplier. All prices are exclusive of VAT.
- Complaints, duty to investigate and compliance
Upon delivery, the customer has the obligation to examine whether the goods comply with the agreement, which examination must in any case include checking the correct numbers and types (including on the basis of the delivery notes) and of the condition in which the goods are located. If the goods do not comply with the agreement in any respect, the customer can no longer invoke this if he does not inform the supplier thereof as soon as possible and in any case within 8 days after delivery, at least after discovery thereof was reasonably possible, in writing and with reasons. has given notice. The supplier is not obliged to handle complaints about immediately observable deviations concerning the delivered goods that reach it later than 8 days after receipt of the goods by the customer. consumer, cannot justify the assertion that the item does not conform to the contract. In the event that the customer and/or a third party treat the item injudiciously and/or attempt to repair the item or make adjustments to it without the user's prior consent. Can the customer only invoke that the item does not comply with the agreement if he proves that such an appeal can be based on facts that would have occurred in the same way if the intended repair required adjustment(s) and/or injudicious treatment had been omitted.
- Payment must be made within 30 days of the invoice date, unless otherwise agreed by both parties.
- Starting the 31ste day after the invoice date, an interest of 1% will be charged on outstanding invoice amounts, all converted on a monthly basis, per month and/or part of a month.
- Payments by or on behalf of the customer serve successively to settle any extrajudicial collection costs owed by him, any interest owed by him and then, in order of age, the outstanding principal amounts, irrespective of the customer's instructions to the contrary. Extrajudicial collection costs will be charged to the customer in accordance with the collection rate of the Dutch Bar Association with a minimum of €500.
The customer can only object to an invoice within 8 days of the invoice date.
Without the prior written consent of the supplier, the customer is not permitted to supply goods purchased from the supplier to other resellers or to its own subsidiaries. If the buyer acts contrary to this, the buyer will owe the supplier a fine of €3000 per item delivered.
During the period that the customer has not fulfilled any obligation due to the supplier, the supplier is entitled to suspend the (further) fulfillment of the obligations towards the customer.
Numbers, measures and weights
Minor deviations with regard to specified sizes, weights, numbers, colors and other such data do not count as shortcomings. Dutch trade practices determine whether there are minor deviations.
If the customer does not, not properly or not timely fulfill any obligation that may arise for him from the agreement, as well as in the event of bankruptcy, suspension of order or placing under guardianship of the customer or the shutdown or liquidation of his company, all his obligations are immediately due and payable and the supplier is entitled at its own discretion, without any obligation to pay compensation and without prejudice to the other rights accruing to the supplier, to dissolve the agreement in whole or in part, or to suspend the (further) performance of the agreement.
Termination of the relationship
a) In the event of liquidation or dissolution of his business, the buyer is obliged to inform the supplier in advance.
b) if the relationship between buyer and supplier is terminated or if the buyer transfers his business to others, goods bearing a brand name must first be offered to the supplier. If the supplier accepts the buyer's offer, the supplier undertakes to do so at its current sales price less any discounts received and subject to reduction due to age and/or damage, provided that all invoices from the supplier have been paid by the buyer. For items not yet paid for, also subject to reduction due to age and/or damage, settlement against the purchase price will apply
a) If goods are sent by choice at the request of the customer, the customer must notify the supplier in writing no later than 10 days after the date of the sight invoice or receipt whether he wishes to keep the goods received at his discretion in whole or in part.
b) if this is the case, the date on which the agreement was concluded will be the date on which part of it was received. The price is the price and any precious metal surcharge stated on the sight invoice or receipt.
c) Optional goods that have not been retained must be returned by the customer in their original condition, layout and packaging by registered post, carriage paid and with a written statement, no later than 10 days after the date of the invoice or receipt.
d) If the supplier receives written notification from the customer during the maximum option period of 10 days, then the first day after this period is considered the day on which the agreement was concluded, meaning the purchase by the customer of all on the sight invoice or - items mentioned on the receipt. The price will then be the price stated on the view invoice, while the stated precious metal surcharge or that applicable on the day on which the purchase agreement was concluded, if this is higher, is calculated.
e) For optional shipments, the customer is charged with the postage and/or handling costs.
f) Optional goods may not be displayed, unless with the express permission of the supplier. Optional goods may not be disassembled.
g) The customer must take care of the optional goods with due care. Damage and the like, which arise due to and/or during the stay of the optional goods with the customer, are for his account, as well as any costs of new layout. Optional goods that are damaged to such an extent that they are no longer suitable for sale will not be taken back by the supplier.
In the event of a strike, fire, destruction of goods en route, water damage, government measures, delay in shipment abroad, delay in supply, export ban, war, mobilization, transport obstacles, export barriers, import barriers and all cases of force majeure, the supplier may either extend the delivery time by the duration of the impediment, or cancel the sale, insofar as it is affected by the impediment, or conclude another agreement with the customer. If an impediment occurs, the supplier will inform the customer within 8 days which option is available at the written request of the customer.
Any advertising material provided to the customer in the broadest sense remains the inalienable property of the supplier and can be reclaimed by the supplier at any time, even if the customer has paid a contribution towards the costs, without repayment of any contributions paid by the customer and the
The supplier is not obliged to take back items for credit. If the supplier is nevertheless prepared to do so, he will credit at most the historically paid invoice price or the current day price if this is lower.
Orders must be given in writing for the client as accurately as possible and where possible. Shame or costs arising from misunderstandings, incorrectly given or misunderstood assignments, are at the expense of the client.
a) If the supplier has been given an order for special manufacture or if goods have been provided to him for repair, processing or processing, the supplier is only liable for damage. Which is due to his intent or gross negligence.
b) The supplier is never obliged to pay compensation for damage, other than to persons or things.
c) The supplier stipulates all legal and contractual defenses which he can invoke to defend his own liability towards the customer, also on behalf of his subordinates and non-subordinates for whose conduct he can be held liable by law.
d) The provisions of this article are without prejudice to the statutory liability of the supplier under mandatory legal provisions.
Designs, drawings and models, like the tools used by the seller, are the intellectual and/or physical property of the seller, even if costs have been charged to the customer, unless expressly agreed otherwise.
It is therefore not permitted to imitate and/or reproduce a product, in whole or in part, in its original or modified form or in any way whatsoever without prior express written approval.
Complaints declared justified by the supplier will be handled up to the minimum legally permitted warranty period after the date of purchase by the consumer. If it concerns complaints about manufacturing defects, including faulty material, processing errors, mounting errors in the release of the edition, the costs of repair within the aforementioned periods will be fully borne by the supplier.
In the event of complaints, repassage up to the minimum legally permitted warranty period after delivery to the customer will be carried out at the expense of the supplier.
Cancellation by customer
Cancellation of an order given can only take place with the consent of the supplier and insofar as the supplier is compensated. If it concerns items that have been specially made for the customer, cancellation or return is not possible.
Purchase or similar conditions of the customer that conflict with or deviate from these general delivery and sales conditions are not accepted by the supplier.
If any provision of this Agreement is ineffective or invalid, all other provisions hereof shall remain unaffected and in full force and effect. Insofar as any provision of this agreement is in conflict with mandatory law, a provision that comes closest to the aim pursued will be replaced.
All disputes arising from this agreement will be submitted to the court in Zutphen
The terms and conditions and all agreements are governed by Dutch law and are deemed to have been accepted resp. Closed.