Terms and Conditions
Valid from 2021 In these general terms and conditions, LinnenatWork is understood to mean; LinnenatWork, established in Bavel; The other party, the other party, which is bound by these general terms and conditions;
Article 1; Applicability
1.1 These terms and conditions apply to all offers, assignments, transactions and agreements - however called - (as far as nothing else has been agreed), where LinnenatWork is a party, as well as the implementation thereof in the broadest sense of the word.
1.2 Deviations from these Terms and Conditions are only binding if and insofar as LinnenatWork has declared a written agreement. Deviations only apply to the offer, delivery or agreement for which they were made.
1.3 General Terms and Conditions of the client bind LinnenatWork only after Linnenatwork has accepted it in writing.
Article 2; Offers
2.1 All of Linnenatwork outgoing quotes and offers are without obligation. LinnenatWork was first bound after one of our other party has been accepted in writing by LinnenatWork or has been implemented by LinnenatWork to this offer or order.
2.2 The content of catalogs, the website, expressions on social media, leaflets, printed matters, etc. Price lists and appendices in quotations do not bind LinnenatWork unless explicitly referred to it in the order confirmation.
Article 3; Agreement
3.1 Except for the provisions below, an agreement with LinnenatWork will only be concluded after LinnenatWork have accepted this assignment in writing or confirmed, respectively, whereby the date of confirmation is decisive. The order confirmation is deemed to display the agreement unless the other party immediately against this
has protested.
3.2 Any additional agreements or changes made later only bind LinnenatWork if they have been confirmed in writing by LinnenatWork.
3.3. For agreements for which no quotation or order confirmation is sent in view of its nature and size, the invoice is deemed to display the agreement correctly and in full, subject to advertising within 8 days after the invoice date.
3.4 If the content of the quotation and the content of the order confirmation are not in accordance with each other, the order confirmation is the only binding document.
Article 4; Praise
4.1 Unless stated otherwise, the prices of LinnenatWork are: based on delivery to the home/company of the other party. Excluding B.T.W., transport costs, import duties, other taxes, taxes and rights; State in Dutch currency, any price changes are passed on.
4.2 If and insofar as the period between the date of the order confirmation and the delivery exceeds a period of three months, LinnenatWork, in the event of an increase in one or more of the cost price factors, is entitled to increase the order price accordingly, all with due observance of existing Legal regulations, on the understanding that already known future price increases must be stated in the order confirmation.
4.3 If there is a promotion, or a campaign with a temporary discount, it will money on selected products and during the communicated time. The discount only applies to orders made via the website.
Article 5; Delivery time
5.1 Unless otherwise agreed, delivery to the home/company of the other party takes place.
5.2 Statement of the delivery time is always approximate, unless explicitly agreed otherwise in writing. Delivery times specified can never be regarded as a fatal period, unless explicitly agreed otherwise and in writing.
5.3 LinnenatWork is entitled to deliver in parts and to invoice them separately.
5.4 Exceeding the delivery time does not entitle the other party to compensation unless this has been agreed in writing and explicitly. In other cases, the other party will only be able to claim compensation for exceeding the delivery time if the Other Party has given the Linnenatwork in writing in writing and the other party
LinnenatWork has still awarded a reasonable period of time to meet its obligation.
5.5 The case is at the risk of the other party of the delivery, even if the property has not yet been transferred. Therefore, the other party continues to owe the purchase price, regardless of whether the decline of the goods due to a cause, which cannot be attributed to LinnenatWork and even though the reception by the other party is under its protest.
Article 6; Transport and risk
6.1 The method of transport/ shipment is determined by LinnenatWork, unless explicitly agreed otherwise.
6.2 Specific wishes of the other party regarding transport/ shipping are only carried out at the expense and risk of the other party.
6.3 The other party does not have the right to refuse the receipt of the goods sold or to return them, unless LinnenatWork has agreed to this in writing. If the other party returns to the matters, without it
LinnenatWork has thus declared a written agreement and LinnenatWork receives it, this is always at the expense and risk of the other party. The shipment is stored by LinnenatWork for the account and risk of the other party and is kept available to the other party, without any recognition of the accuracy of any
Advertising can be derived.
6.4 If the other party refuses to receive the goods to be delivered, LinnenatWork will save these goods at the expense and risk of the other party. In that case, LinnenatWork has the right to promote the termination of the agreement, without prejudice to its right to full compensation.
Article 7; Advertising or complaints
7.1 The other party can no longer appeal to a defect in the performance if he / she has not discovered the defect within a competitive time after he / she has discovered or reasonably discovered, in writing and with description
of the complaint and statement of the order number has protested.
7.2 The competent time is understood to mean within 8 days of receiving the goods and/or delivering the work and/or the end of the services, a Saturday, a Sunday and generally recognized holidays not included.
7.3 Complaints and complaints due to shorts or deviation from the specified specification or at the latest observable damage must have been registered on the receipt by the other party on the receipt. For deviations, which are generally common in the industry, which includes the item in question, or for low technical or not avoid
Deviations, in terms of quality, color, dimensions, volume, thickness, weight, etc., LinnenatWork is not liable. In the event that the other party believes that the Linnenatwork delivered by Linnenatwork does not correspond to what LinnenatWork has sold, he / she must immediately inform LinnenatWork in writing and give the opportunity to be delivered goods delivered
View. The other party already deemed to have been approved and accepted by him by him. In all cases, in which it is not delivered Franco, the other party has the right to approve the goods at its own expense for the loading, provided that he / she informs LinnenatWork in a timely manner of the intended inspection.
7.4 The other party must submit complaints about invoices in writing to LinnenatWork within 8 days of receipt stating the invoice number and with a description of the complaint.
7.5 If the advertising is well -founded, LinnenatWork in Harer Choices will pay either fair compensation up to a maximum of the invoice value of the delivered goods, to which the advertising relates, either the delivered goods for free, against return by the other party of the items originally supplied. LinnenatWork is not required for further compensation and for compensation for indirect damage. With regard to advertisements, each partial delivery is considered a separate sale.
Article 8; Liability
8.1 LinnenatWork can in no way be held liable by the other party for the damage of any kind whatsoever and by anyone, arising from, or in connection with goods or services provided by LinnenatWork, unless such such Damage is due to own design or gross negligence, including the own intent or gross negligence of the manager subordinates. LinnenatWork is only obliged to compensate for damage suffered if this damage is a result of the debt of Linnenatwork and Linnenatwork against that damage. This limitation of liability applies to the same extent to damage to goods that have been offered to LinnenatWork by the other party for the benefits and or processing, repair, etc. These matters are at all times for the account and risk of the other party by Linnenatwork and are not covered by any insurance from LinnenatWork.
8.2 LinnenatWork can in no way be held liable by the other party for damage of any nature whatsoever and by anyone, arising from, or in connection with it with laid or made available by LinnenatWork, but by third parties manufactured, composite or items or services delivered, albeit that LinnenatWork de
If possible, the other party will provide the necessary information to look for a story on that third party.
8.3 The other party indemnifies Linnenatwork against claims from third parties to whom LinnenatWork cannot invoke the present conditions.
8.4 Our liability will at all times be limited to the invoice amount charged to the Other Party.
8.5 LinnenatWork never accepts any liability for damage caused as a result of defects in drawings, materials or parts made available by the other party.
Article 9; Force majeur
9.1 In the event of force majeure, LinnenatWork has the right to suspend the execution of the agreement without judicial intervention, or to dissolve the agreement in whole or in part by means of a written statement, without LinnenatWork being obliged to pay any compensation as a result will be. Linen at work is only up to
Compensation was held if LinnenatWork, in connection with a shortcoming that is not attributable to it, enjoys any advantage that it would not have had considerable fulfillment. The compensation will amount to a maximum of the amount of the benefit enjoyed by LinnenatWork.
9.2 Force majeure is understood to mean any circumstance, so that the other party can no longer reasonably require the fulfillment of the agreement from LinnenatWork, malfunctions in the company or. For suppliers of LinnenatWork, non-performance of suppliers of LinnenatWork, transport disorders, strikes in and outside the company of LinnenatWork, government measures, including in any case, input and output bans.
9.3 LinnenatWork is entitled to demand payment of the services that were performed in the execution of the relevant agreement before the force majeure has been shown.
9.4 If the Other Party LinnenatWork admits in writing for this, LinnenatWork is obliged to express itself within 14 days with regard to its choice as mentioned in 9.1.
Article 10; Retention of title
10.1 The other party only becomes the owner of the goods delivered by Linnenatwork under suspensive conditions. LinnenatWork remains the owner of all items supplied by it or still to be delivered, as long as the other party has not made the claims of Linnenatwork regarding the consideration of all these matters. If linen at work in it
framework of these purchase agreements for the benefit of the other party to be reimbursed by the Other Party, the reserved ownership applied until the other party has also fully paid these claims from LinnenatWork. The reserved ownership also applies to the claims, which LinnenatWork was allowed against the other party
obtain due to the failure of the other party in one or more of its obligations towards LinnenatWork.
10.2 Het is de wederpartij niet toegestaan ​​om zolang hij / zij de in 10.1 omschreven tegenprestatie niet heeft verricht, op de door Linnenatwork geleverde zaken een pandrecht of een bezitloos pandrecht te vestigen. If the Other Party nevertheless resents the goods, the Other Party is obliged to transfer the claim that he / she has obtained in this regard to LinnenatWork.
10.3 Op de afgeleverde zaken,die door betaling in eigendom van de wederpartij zijn overgegaan en zich nog in handen van de wederpartij bevinden, behoudt Linnenatwork zich hierbij reeds nu voor alsdan pandrecht voor als bedoeld in artikel 3:237 BW tot meerdere zekerheid van vorderingen, Unlike the one in Article 3:92 paragraph 2 of the Dutch Civil Code, that linen at work then from what
Horsest was also allowed to have the other party.
10.4 In geval de wederpartij enige verplichting uit de overeenkomst met betrekking tot verkochte zaken niet nakomt is de wederpartij verplicht de zaken op eerste verzoek, zonder dat enige ingebrekestelling nodig is, aan Linnenatwork terug te geven, in welk geval de wederpartij zal worden gecrediteerd voor de market value of the cases on the day of return. LinnenatWork is authorized to enter the buildings and sites where the goods are located in order to remove its property. In the event that the goods are located in spaces or in the areas of others than the other party, the other party must take care of it and the other party is strongly committed to the fact that LinnenatWork can enter those spaces or sites unhindered at all times.
10.5 The other party is permitted to sell and transfer the goods delivered under retention of title in the context of the normal course of the company to third parties. Activities during (provisional) suspension of payment or bankruptcy of the other party are explicitly not considered as being activities in the context of the
Normal exercise of the business. In the event of (provisional) suspension of payment or bankruptcy of the other party, LinnenatWork is entitled to take back the delivered goods, without any default statement.
Article 11; Payment
11.1 Unless explicitly agreed otherwise, the payment must be made within eight days of the invoice date on the invoice or otherwise indicated by LinnenatWork.
11.2 The payment must be made in accordance with the payment conditions stated on the quotation or on the order confirmation.
11.3 If LinnenatWork has received clear instructions for insufficient or reduced creditworthiness of the other party before or during the execution of an agreement, then LinnenatWork has the right not to deliver or not to deliver further, unless the desire of LinnenatWork has been satisfied for certainty for the correct payment of the
purchase price. An instruction as referred to above includes an exceedance of the payment term by the other party in respect of the agreement or other agreements with LinnenatWork.
11.4 As long as the required security has not been provided, LinnenatWork is entitled to suspend the implementation of the agreement, even if a fixed delivery time has been agreed. If the other party refuses to provide the required security, LinnenatWork is entitled to consider the agreement dissolved, without prejudice to its right to compensation.
11.5 The other party renounces its right to invoke LinnenatWork on debt comparison.
11.6 If the Other Party is in default towards LinnenatWork with any payment obligation, LinnenatWork has the right to suspend the execution of the agreement and also of other current agreements has been made to pay, while LinnenatWork can demand cash payment on further deliveries.
11.7 The full purchase price is immediately due and payable if the payment term is exceeded as well as if the other party applies for suspension of payment, is declared bankrupt, if his goods are seized or in the event of liquidation of his company.
11.8 If payment has not been made within the stipulated period, the other party owes an interest of 1.5% per month on the outstanding amount. Interest on a part of the month is calculated over a full month.
11.9 Payments made by the other party always serve in the first place of all interest and costs owed, and in the second place of due and payable invoices that have been open for the longest time, even if the other party states that the payment relates to a later invoice.
Article 12; Collection costs
12.1 LinnenatWork is entitled to claim extrajudicial costs that the other party will not or late payment.
12.2 LinnenatWork calculates the collection costs according to the collection rate of the Dutch Bar Association, with a minimum of Euro 75.
Article 13; Dissolution
13.1 entire or partial dissolution takes place by a written statement from the entitled person. The other party will only be able to terminate the agreement by means of a written statement if he / she has put LinnenatWork in writing and has awarded a reasonable period of time to its obligations to LinnenatWork
to satisfy.
13.2 The Other Party cannot land on a shortcoming in the fulfillment of a commitment to which the other party itself is in default.
Article 14; Various provisions
14.1 If the circumstances of which the parties were assumed at the time of the conclusion of the Agreement, should change so considerably that the Naming of one or more of these conditions cannot reasonably be required of one of the parties, consultations will take place on interim change of the agreement.
14.2 If, in the opinion of the competent court, any provision of these conditions does not apply or are in violation of public order or the law, then only the provision in question will be considered not written and the parties will replace it by one or more provisions that match the conflicting provision (s) as closely as possible without
Their turn to struggle with public order or law and, moreover, these general terms and conditions will remain fully in force.
Article 15; Applicable law
15.1 All agreements that the Other Party enters into with LinnenatWork applies Dutch law.
15.2 The district court is responsible for the knowledge of disputes, this is without prejudice to the legal provisions concerning the jurisdiction of the subdistrict court judge and without prejudice to the jurisdiction of LinnenatWork to bring the dispute of the court if desired.
Article 16; Change and location of the conditions.
16.1 These conditions have been filed at the office of the Chamber of Commerce and Factories for Gooi- en Eemland in Amersfoort.
16.2 Applies always the last deposited version or the version as it applied at the time of the creation of the present transaction.