General
sales and delivery conditions of Wannekes. |
1. |
General
provisions |
1.1 |
These
terms and conditions apply to all offers made and products provided
by Wannekes and / or all agreements concluded with its customers,
either verbally, through the website of Wannekes or in writing or
confirmed by Wannekes, unless expressly and insofar as provided
for otherwise in writing. |
1.2 |
Unless
expressly agreed upon otherwise, Wannekes shall not be bound by
any terms and conditions imposed by or observed by the customer. |
2. |
Definitions
|
2.1 |
Pursuant
to these terms and conditions, the term Customer is understood to
mean all natural persons or legal persons who have instructed Wannekes
to deliver products or carry out specific work to such products.
|
3. |
Offers
and quotations |
3.1 |
All
offers and quotations issued by Wannekes are without obligation
and are valid for 30 days following issue. Any agreement between
Wannekes and the customer can only be concluded after Wannekes has
accepted and/or confirmed the order or instructions issued by the
customer and any other special agreements in writing, either via
Wannekes' websites, and/or Wannekes has commenced delivery of the
products. |
3.2 |
In
the event of any discrepancies between the order placed by the customer
or the instructions issued by the customer and Wannekes' written
e-mail confirmation, only Wannekes's confirmation shall be deemed
binding. |
| 3.3 |
Wannekes is authorised to
suspend the agreement with its customers in part or in full if Wannekes
has valid and reasonable grounds for doing so on the basis of the
customer's financial situation, without prejudicing Wannekes's right
to damages if there are sufficient grounds for doing so. The customer
shall not be entitled to claim damages.
|
4. |
Communication
|
4.1 |
Wannekes
assumes no liability for the incorrect and/or delayed processing
of customer order details and notifications resulting from the use
of the Internet or any other communication tool between the customer
and Wannekes and/or between Wannekes and third parties, insofar
as pertaining to the relationship between Wannekes and the customer.
|
5. |
Delivery
times |
5.1 |
Although
Wannekes shall endeavour to honour the specified delivery dates,
the specified dates do not constitute firm dates, unless agreed
upon in writing. Orders placed via Wannekes's online domains are
subject to a maximum delivery period of 30 days, unless otherwise
agreed upon in writing. If the delivery date is not feasible, the
customer will be notified accordingly as soon as possible, and offered
the opportunity to dissolve the agreement. Any payments made will
be refunded within 30 days of the agreement being dissolved, and
sent to an account specified by the customer. |
| 5.2 |
The customer shall not be
entitled to any compensation if the delivery time is exceeded. |
6. |
Returning
Goods |
6.1 |
Orders
placed via Wannekes's online domains are subject to a 7-day cooling
off period following receipt of the delivered products, unless otherwise
provided for. The customer is entitled to return the ordered product
without stating grounds, provided the following conditions have
been met:
a. The delivered product has not been damaged and/or installed or
fitted.
b. The delivered product has not been used and is returned in a
sellable condition.
c. Special products made to order are considered custom-made and
can therefore not be returned.
d. Any services, which Wannekes has commenced with the customer's
approval before the end of the cooling-off period, cannot be cancelled. |
6.2 |
All
costs incurred in returning the receiving Wannekes shall be borne
by the customer. All costs passed on to Wannekes as a result of
online payments made by the customer for returning the product(s)
shall also be borne by the customer. |
| 6.3 |
The order will be cancelled
following receipt of the returned product(s). Any payments made to
date will be refunded within 30 days of the agreement being dissolved,
and sent to an account specified by the customer. |
| 6.4 |
Wannekes must be notified
in writing of any order cancellations. |
7. |
Collection,
transport |
7.1 |
Wannekes
reserves the right to select a preferred transport method, unless
otherwise agreed upon or unless the customer wishes to collect (have
collected) the products from the Wannekes warehouse. |
8. |
Price
|
| 8.1 |
Unless explicitly agreed
upon otherwise, the prices charged by Wannekes are in Euros. |
9. |
Payment
|
| 9.1 |
Unless otherwise agreed
upon, the customer shall settle the agreed invoice amount prior to
delivery, without being entitled to any discounts or to invoke the
right of setoff and/or any other deduction, unless explicitly agreed
upon otherwise. |
| 9.2 |
Should the customer after
the end of the credit period fail to settle the agreed invoiced amount
in full, the customer shall be considered to be in default of payment,
without any notice of default being required. |
| 9.3 |
During the default period
as referred to in the above paragraph, the customer will be charged
interest on the outstanding amount, equal to the prevailing interest
rate plus 1.5%. |
| 9.4 |
All judicial and extra judicial
costs incurred in collecting the monies owed by the customer, including
the costs of legal assistance, shall be borne by the customer. The
extra judicial costs are at least 15% of the invoice amount. |
| 9.5 |
All payments made by the
customer shall firstly serve to settle all interest and costs owed,
and secondly to settle all longest outstanding invoices, irrespective
of whether the customer specified that the payment relates to a later
invoice. Invoices with the same date will be paid proportionally.
|
10. |
Retention
of title |
10.1 |
Wannekes
retains title to all the goods delivered by him until such time
that the customer has settled his payment obligations in full regarding
those Wannekes, any work carried out , and any claims arising from
his failure to perform an obligation under the agreement. Until
such time that all the payments have been made, the customer solely
reserves the right to dispose of the goods for personal use. Under
no circumstances is the customer entitled to encumber, sell or in
any other way make the goods available to third parties. |
10.2 |
The
customer shall respect the intellectual property rights pertaining
to the products delivered by Wannekes in full and unconditionally.
Wannekes cannot guarantee that the products delivered to the customer
do not infringe any (unwritten) intellectual and or industrial property
of third parties. |
10.3 |
Wannekes is irrevocably authorised, without giving notice, to
remove or have removed the goods delivered to the customer yet
which are the property of Wannekes in the following instances:
a. The customer is more than 2 months in default by operation
of law; b. The customer requests suspension of payment and/or
has filed for bankruptcy; c. The customer's assets are seized;
|
| 10.4 |
In the event of removal,
the customer's account will be credited with the purchase price of
the Wannekes delivered by Wannekes, following deduction of 25% for
costs and damage, without prejudicing further rights to compensation.
|
11. |
Quality
and guarantee |
11.1 |
The
customer must notify Wannekes in writing within 8 days of the goods
being delivered of any claims for compensation relating to the delivered
products. |
11.2 |
Wannekes
guarantees and vouches for the accepted quality requirements of
the delivered goods, subject to normal use. Wannekes can only guarantee
the specific quality requirements or quality standards of the delivered
goods, insofar as these requirements and standards have been expressly
agreed upon. Under no circumstances can Wannekes, including when
delivering a sample of the product, guarantee that the delivered
good is suitable for the purpose for which the customer wishes to
use, dispose of or process the delivered goods. Wannekes assumes
no liability whatsoever for any advice, information, calculations
or other instructions provided or issued by or on behalf of Wannekes,
relating to the delivered goods. |
| 11.3 |
Insofar as the customer
has a substantiated complaint relating to the quality requirements
or quality standards, Wannekes, at his discretion, shall repair or
replace the delivered product with a similar product. |
| 11.4 |
Wannekes assumes no liability
whatsoever, other than the liability as referred to in the above paragraph,
for any damage to the goods delivered to the customer, insofar as
these are consistent with any mandatory legal provisions. Any liability
arising from a wrongful or unlawful act on the part of Wannekes or
his (supervisory) subordinates, Wannekes's liability in the event
of death or bodily injury is limited to a maximum of € 50.000,00
. |
| 11.5 |
With regard to goods sourced
from third parties, if so agreed upon, Wannekes's liability is limited
to the third party's liability and to the extent to which Wannekes
expressly acknowledges his liability. This provision shall only take
effect if it is considered to work more in the customer's favour than
the provisions of the previous paragraph .
|
12. |
Non-attributable
shortcomings |
12.1 |
Wannekes
reserves the right, at his discretion, to declare the agreement
with the customer dissolved, and to notify the customer accordingly
in writing, and/or to suspend the agreement, without the customer
being entitled to any compensation, if the performance of the agreement
is impeded or hindered as a result of Force Majuro. The term Force
Majuro is understood to mean:
a. Interruption of operations or breakdown of whatever nature, including
any circumstances which in all reasonableness cannot be attributed
or imputed to Wannekes; b. Delayed or late delivery of goods. c.
Transport difficulties or interruptions of whatever nature, hindering
or impeding transport from or to Wannekes's location, insofar as
these difficulties or interruptions cannot be attributed or imputed
to Wannekes according to common opinion.
. |
13. |
Exclusion
from operation of precedent |
| 13.1 |
Wannekes's decision to permit
deviations to these general terms and conditions for a longer or shorter
period of time does not prejudice his right to demand direct and strict
compliance with these terms and conditions. Under no circumstances
is the customer entitled to enforce any right resulting from Wannekes's
decision to adopt a flexible approach to these terms and conditions.
|
14. |
Disputes
and applicable law |
| 14.1 |
Any disputes arising between
Wannekes and the customer are governed solely by the laws of the Netherlands.
|
| 14.2 |
All disputes, arising from
or relating to an agreement or its conclusion with a customer based
in the Netherlands, shall be settled by the competent court of the
place of business of Wannekes, unless the customer, within a month
of Wannekes invoking a stipulation in writing, chooses to have the
dispute settled by a court which has jurisdiction according to the
law. |
| 14.3 |
All disputes, arising
from or relating to an agreement or its conclusion with a customer
not based in the Netherlands, shall be settled by an independent
third party, appointed by mutual agreement in accordance with the
Arbitration Regulations of the Netherlands Arbitration Institute
[Dutch: Nederlands Arbitrage Instituut]. Should the parties be unable
to reach a consensus on the arbitrator, both parties will nominate
an arbitrator. The appointed arbitrators will jointly settle the
dispute in accordance with the Arbitration Regulations of the Netherlands
Arbitration Institute [Dutch: Nederlands Arbitrage Instituut]. These
general terms and delivery conditions of Wannekes are also available
on request via:
Wannekes – The little things you want
Wildbaan 9
8222 AE Lelystad
The Netherlands
Tel: Phone int.: +31 6 21866026
E-mailadres: info@wannekes.com
Internet: www.wannekes.com
CoC: 39087622
VAT: 1600.97.897 B01
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