GENERAL TERMS AND CONDITIONS OF DELIVERY AND PAYMENT OF INTERNATIONAL GRAPHICS
Registered and situate at Lagelandseweg 64 in Nijmegen, registered with the Chamber of Commerce in Nijmegen under number: 53851021, hereinafter referred to as: the USER
Article 1. Definitions
In these general terms and conditions, the following shall be taken to mean:
- USER: the user of the general terms and conditions
- NON--CONSUMER: a client whose business is the practice of a trade or profession
- BUYER: non-consumer.
Article 2. Effecting the contract
The BUYER can place orders by telephone, in writing or via the internet. The order shall become definite only following its acceptance in writing by the USER (“confirmation of order”). Contracts between the USER and the BUYER shall not be considered to have been effected unless the order of the BUYER has been accepted in writing by the USER; or the order is executed.
Article 3. Applicability of these terms and conditions
These terms and conditions shall apply to all offers and all contracts between the USER and a BUYER to which the USER has declared these terms and conditions to be applicable, to the extent parties have not derogated from these terms and conditions expressly and in writing.
- The present terms and conditions shall also be applicable to all contracts with the USER, the performance of which entails involving third parties.
Article 4. Product specifications
If the USER has demonstrated or supplied an example, this shall be assumed to have been demonstrated or supplied by way of illustration: the qualities of the items to be delivered may vary (sharpness) where enlargements are concerned, all this unless delivery was explicitly stated to be made in accordance with the example demonstrated or supplied.
Article 5. Prise/Price increase
- Unless explicitly stated otherwise, the fixed prices issued by the USER based on the order list/price list current at the time the contract was concluded shall apply, and these shall be:
- expressed in euro’ s or the national currencies
- exclusive of taxes
- based on the minimum quantities delivered by the user
- exclusive of all shipping charges (of which BUYER shall be notified at the latest on receiving the confirmation of the order placed)
- ex factory
- If the USER should agree on a particular price with the other party, the USER shallnonetheless be entitled to increase this price if able to prove that prices of raw materials, currency and/or wages have risen significantly or any other unforeseen circumstances have occurred between offer date and delivery.
- If the increase in price should exceed 10%, the buyer shall be entitled to cancel the agreement.
Article 6. Payment
- Unless otherwise agreed, the USER shall send the BUYER an invoice which shall be payable within 14 days from the date stated thereupon. All terms of payment are to be observed on penalty of forfeiture of rights.
- If not otherwise agreed, payment shall be deemed to have been discharged as per the date on which the bank or giro account of the USER has been credited or, in the event of payment in cash, on the date stated on the receipt.
- The BUYER shall be in default by failing to meet a term of payment. In that case, all claims on whatever account of the USER against the BUYER shall be forthwith due and payable.
- Pursuant to community law, the BUYER shall owe a penalty interest of 6% with no further notice of default, on all sums not yet paid by the last day of the term of payment at the latest, without prejudice to the right of the USER to recover all costs incurred in collecting the sums due, including all court and other costs.
Article 7 Delivery
The USER shall deliver the products to the address provided or the agreed address, whichever the case. The USER shall strive to deliver the items no later than the date agreed. If however, despite all efforts to this end this should prove impossible, the USER shall determine a new delivery date by mutual agreement with the BUYER as soon as possible. If the USER should not be capable, cases of force majeure excepted, of delivering within eight weeks of the original date, the parties shall be entitled to cancel the contract without judicial intervention by means of a written notification to this effect.
The maximum delivery time is 5 working days before the shipment is offered.
The order will be shipped via TNT Post.
Article 8. Defective products; complaints period
- The BUYER is obligated to inspect the purchased items on delivery or as soon as ossible thereafter. The BUYER is intended to check whether the products delivered comply with the agreement in respect of:
- whether the correct products have been delivered;
- whether the quantity (i.e. volume and number) of the products delivered comply with the terms agreed;
- whether the delivered products satisfy the quality standards agreed or, failing such an agreement, satisfy the due requirements for normal use and/or business purposes.
- If visible faults or defects are observed, the buyer is required to report these in writing to the user within three days.
- Even if the other party should lodge a complaint within the stipulated period, his commitment to purchase and pay for the orders placed shall remain intact,
- Products may solely be returned to the USER after obtaining prior written consent to do so.
Goods can be exchanged if this is not to your liking. Money is not paid back only exchange of articles is possible
Article 9. Intellectual property rights
- The BUYER acknowledges and accepts that all intellectual property rights on the products supplied by the USER belong to the USER. The BUYER shall respect these rights and shall in no way, either directly or indirectly, infringe upon these.
- The products supplied may not be reproduced, stored in an electronic database and/or made public in any form or in any way, by any electronic or mechanical means, photocopying, recording or in any other manner, without prior written consent of the USER.
- Any re-issue of (part of) the content of the products, in whatever form, such as – yet not exclusively – by means of prints, negatives, positives, slides, clichés, photos, transfers, floppy discs, computer files, Internet files, Websites and scans, for the purpose of a competitive, similar (illustration) service, is not allowed without prior written consent of the USER.
- The posters supplied to the BUYER are solely intended for (re)sale to end users (hairdressers/beauty salons). The posters may not be exchanged or traded between BUYERS (wholesalers) mutually. The USER shall at all times retain the right of exclusive delivery for all countries.
- The foregoing obligations also apply to personnel and staff of the BUYER. The BUYER shall instruct them accordingly.
Article 10. Applicable law
All contracts concluded between USER and the BUYER shall be governed by Dutch law. The Vienna Sales Convention 1980 (CISG) is explicitly excluded.