General conditions for the Business Client of VeiligStappen.nl
The General Conditions of VeiligStappen.nl for the Business Client are described in the tabs below. These General Terms and Conditions apply to Business Customers and the purchase of products from the "B2B Arsenal". When a Business Customer places orders or purchases from "The Arsenal", the General Terms and Conditions for the Consumer of VeiligStappen.nl will apply. In the event that a Business Customer uses the services of VeiligStappen.nl, the General Terms, and Conditions of Service provided by VeiligStappen.nl apply.
- Terms & Conditions Business Client
- Article 1.
- Article 2.
- Article 3.
- Article 4.
- Article 5.
- Article 6.
- Article 7.
- Article 8.
- Article 9.
- Article 10.
- Article 11.
- Article 12.
- Article 13.
- Article 14.
Read the General Conditions of VeiligStappen.nl for the Business Client in the further tabs.
Article 1. Definitions
- In these general terms and conditions of sale and delivery, the following definitions apply VeiligStappen.nl, established in Zwolle.
- Agreement: every agreement between VeiligStappen.nl and the Business Customer and any change or addition thereto;
- Goods: all items that are (will be) delivered to the Business Customer in the execution of an Agreement;
- Damage: all direct financial damage suffered by the Business Customer, with the exception of lost turnover, profit and/or other consequential damage.
- Conditions: these general terms and conditions of sale and delivery.
Article 2. Applicability
- These Terms and Conditions apply to all legal relationships between VeiligStappen.nl and the Business Customer, including offers and Agreements.
- By accepting an offer made by VeiligStappen.nl, the Business Client also accepts the applicability of these Terms and Conditions. Applicability of General Terms and Conditions of Business Customer is explicitly made available by VeiligStappen.nl.
- Deviations from and/or additions to these Conditions only apply if and insofar as they have been explicitly accepted in writing (by e-mail) by an authorized representative of VeiligStappen.nl. An agreed deviation or addition only relates to the delivery for which it has been agreed.
Article 3. Offer, Acceptance, and Orders
- All offers and quotations made in any way by or on behalf of VeiligStappen.nl are without obligation unless they contain a period for acceptance. Offers mentioned in brochures, price lists, etc. are also without obligation. If a non-binding offer is accepted by the Business Customer, VeiligStappen.nl has the right to revoke the offer.
- Offers and commitments from intermediaries, representatives and/or employees engaged by VeiligStappen.nl are only binding if they are confirmed in writing (by e-mail) by VeiligStappen.nl.
- VeiligStappen.nl is completely free to accept or not accept orders from the Business Customer.
- The conclusion of the Agreements. The Business Customer will always contact you in writing (by e-mail) or by telephone to place the order. VeiligStappen.nl will confirm this order in writing (by e-mail). VeiligStappen.nl requires a deposit of 50% for every business order on the full amount to be paid to VeiligStappen.nl. For this, VeiligStappen.nl will draw up an invoice in writing (e-mail) to the Business Customer. No form of withdrawal can be made on the advance payment unless the product has not yet been manufactured. After the prepayment has been received, the execution of the Agreement starts. VeiligStappen.nl will always ask for confirmation from the Business Customer when making custom products. When the Business Customer agrees in writing (e-mail) with the design, the production process will be started. VeiligStappen.nl is not responsible or liable for damage suffered during transport. When the order has been received by the Business Customer, VeiligStappen.nl will prepare an invoice for the remaining 50% as soon as possible and send it in writing (e-mail) to the Business Customer.
- Orders from Business Customers accepted by VeiligStappen.nl are deemed to only be decisive by type and brand. If a package, version, model, type, etc. have been changed, VeiligStappen.nl is discharged by supplying the changed package, version, model, type, etc. at the applicable standard price.
Article 4. Delivery, Risk Transfer, Inspection & Advertising
- The Goods to be delivered are from the moment of leaving the supplier at the expense and risk of the Business Client.
- If and insofar as VeiligStappen.nl takes care of the transport of the Goods, this does not affect the provisions of paragraph 1 of this article. The method of transportation is determined by VeiligStappen.nl. The Business Client is obliged to receive the Goods at the agreed place of delivery and to immediately unload them.
- If VeiligStappen.nl, whether or not commissioned by the Business Client, arranges the transport of the Goods, VeiligStappen.nl is free to choose the packaging, the transporter, and the route to be followed. If VeiligStappen.nl also provides transport insurance, this does not affect the provisions of paragraph 1 and the Business Client will additionally ensure the Goods if required.
- From the moment that the Goods are for the account and risk of the Business Client, the Business Client ensures adequate insurance of the Goods against all possible risks, such as - but not limited to - loss, theft, damage and/or destruction of the goods.
- VeiligStappen.nl has the right to deliver in parts, in which case what has been agreed between the parties regarding such sales applies to each delivery separately. VeiligStappen.nl is entitled to invoice the relevant partial delivery pro rata.
- If the date of actual delivery is postponed at the request or at the hands of the Business Client, the Business Client requests partial deliveries and/or Goods are not collected, the risk for the Goods nevertheless passes to the Business Client with effect from the moment that these Goods are identified in the administration and/or storage space of VeiligStappen.nl as 'goods of the Business Client. VeiligStappen.nl is from that moment entitled to invoice the Goods to the Business Client. Any costs of extra transport, storage, insurance and or other extra costs are for the account of the Business Client.
- The Business Client must examine upon delivery whether the goods meet the Agreement (correct product, correct quality, correct quantity, correct expiration date, absence of damage, etc.). If the goods do not comply with the Agreement, the Business Client can no longer invoke this if he does not notify VeiligStappen.nl of this with regard to visible defects within 2 working days after delivery, and with invisible defects within 2 days after discovery or at least within 7 days after delivery has given written, a motivated notification (by e-mail). Furthermore, the Business Client's right of complaint lapses if he does not cooperate sufficiently with VeiligStappen.nl ’investigation into the merits of the submitted complaint. The Business Client will give VeiligStappen.nl the opportunity to view the goods.
- Changes to technical insights into the industry and/or government regulations are at the risk of the Business Client. Minor or technically unavoidable deviations in quality, quantity, dimensions, color, size, etc. do not constitute grounds for advertising. The same applies to color differences due to light and/or weather influences.
- Return shipments are only accepted after prior written, telephone or e-mail approval from VeiligStappen.nl. The costs and risks associated with returns are at the risk of the Business Client.
- VeiligStappen.nl is not obliged to take back Goods purchased on a sample or picked out at the VeiligStappen.nl site. The right to complain further expires if the Business Client has not fulfilled his obligations or if the Goods have been used, processed and/or processed.
- If delivered goods are defective and all the aforementioned procedural rules have been observed, VeiligStappen.nl will either repair the defective item or have it repaired, or replace it with a non-defective product, or credit the amount corresponding to the complaint to the Business Client in full. at the free choice of VeiligStappen.nl. VeiligStappen.nl is not liable for any damage suffered by the Business Client with regard to defective products.
Article 5. Services
- If VeiligStappen.nl provides Services to the Business Client, VeiligStappen.nl will endeavor to provide these Services as well as possible.
- The Business Client agrees that VeiligStappen.nl may engage one or more third parties for the performance of Services. For shortcomings of third parties who do not work for VeiligStappen.nl, VeiligStappen.nl is not liable, except for intent or gross negligence on the part of VeiligStappen.nl. The authority to engage third parties also includes the authority to agree on behalf of the Business Client with a limitation of liability by the relevant third parties.
Article 6. Delivery times
- VeiligStappen.nl will be able to indicate at the first contact moment when an order is accepted how long the expected delivery time will be. No rights can be derived from this estimated date.
- Specified or agreed delivery times can never be regarded as deadlines. In the event of late delivery, VeiligStappen.nl will only be in default after written notice of default, whereby a further and reasonable delivery period is set that is at least equal to 30 days, while the Business Client is obliged to purchase without prejudice.
- If a default occurs after a notice of default, VeiligStappen.nl will consult with the Business Client about compliance or dissolution of the agreement. The Business Client can only claim compensation for damage if this has been agreed in writing in advance. Any damage to be compensated by VeiligStappen.nl will never be greater than that part of the invoice amount that relates to the Goods that were not delivered, not delivered on time, incorrect or not fully delivered.
Article 7. Prices, payment, and settlement
- The Goods and/or Services delivered to the Business Client are calculated at the prices of VeiligStappen.nl for the relevant Goods and/or Services applicable on the day of Delivery, even if a different price has been explicitly agreed. If the price charged is more than 10% higher than the initially agreed price, the Business Client has the right to terminate the Agreement in writing immediately after the Business Client has been notified of the price increase. After that, the right to dissolution expires. the Business Client is not entitled to terminate the agreement on this ground if the price increase is the result of government measures or freight rates.
- All prices can be indicated including VAT. VeiligStappen.nl communicates for the Business client excluding VAT, packaging and/or packaging costs, removal fees and any other government taxes and levies that apply at the time of the Delivery, unless explicitly stated otherwise. Unless otherwise agreed, transport, shipping and/or postage costs and costs related to ensuring the Goods are for the account of the Business Client.
- The Business Client is obliged to pay the costs of packaging to VeiligStappen.nl. The packaging is credited by VeiligStappen.nl to the Business Client on the condition that the Business Client (1) returns it to VeiligStappen.nl by own car (2) within 1 year after delivery thereof, (3) this packaging to the Business Client is invoiced and paid for, and (4) it is sorted by brand and content by the Business Client.
- Payment to VeiligStappen.nl must be made within 7 days (5 working days) after the invoice date in a manner indicated by VeiligStappen.nl. Delivery will only take place after the deposit (50% of the full amount to be paid) has been received in full, unless the parties have agreed otherwise in writing.
- Payment is made effectively in the invoiced currency and without a settlement, discount or suspension. VeiligStappen.nl is authorized to set off any amounts it may claim from the Business Client at any time against amounts that VeiligStappen.nl or an associated company owes or will owe to the Business Client.
- If payment does not take place within 7 days (5 working days) after the invoice date, or at least within the agreed payment term, the Business Client will be in default by operation of law without further notice of default. In the event of default, all payment obligations of the Business Client are immediately due and payable and the Business Client is obliged to compensate VeiligStappen.nl for default interest on amounts owed equal to the statutory commercial interest ex article 6: 119a of the Dutch Civil Code plus two (2) percentage points. In addition, the Business Client owes VeiligStappen.nl a credit limitation surcharge equal to 3% of the outstanding invoice amount.
- If there is good reason to fear that the Business Client will not strictly fulfill its obligations, all claims of VeiligStappen.nl against the Business Client are immediately due and payable and the Business Client is obliged at the first request of VeiligStappen.nl immediately sufficient and in the VeiligStappen.nl to provide the desired form of security and, if necessary, to supplement it for the fulfillment of all its obligations. As long as the Business Client has not complied with this, VeiligStappen.nl is entitled to suspend compliance with its obligations.
- If the Business Buyer fails to meet his payment obligations (in time), all collection costs (both judicial and extrajudicial) will be borne by the Business Client. The extrajudicial collection costs are calculated in accordance with the Voorwerk II Report, with a minimum of € 1,500.
- The Business Client can only object in writing to an invoice within 7 days (5 working days) of the invoice date. After this period, the Business Client is deemed to have agreed to the relevant invoice.
- Payments made by or on behalf of the Business Client serve successively to settle the extrajudicial collection costs owed by the Business Client, the legal costs, the interest owed and thereafter in order of age of the outstanding principal, irrespective of a different instruction from the Business Client.
Article 8. Retention of title
- VeiligStappen.nl retains ownership of the Goods until it has been fully met:
-the performance due by the Business Client for all Goods and/or Services delivered or to be delivered by VeiligStappen.nl;
-all claims of VeiligStappen.nl against the Business Client due to the Business Clients failure to fulfill its obligations.
- If the retention of title is invoked, the Business Client is not entitled to reimbursement of the custody costs, nor can she invoke a right of retention in this regard.
- If the Business Client is in default with regard to the obligations as referred to in Article 7, or if in its opinion VeiligStappen.nl has good reason to fear that the Business Client will not fulfill its obligations, VeiligStappen.nl is entitled to do the things that to retrieve its accessories from the place where they are. the Business Client already grants VeiligStappen.nl irrevocable authorization to enter the spaces used by or for the Business Client for that purpose. In the event that the Business Client does not comply with the provisions of this article on the first request, the Business Client forfeits an immediately due and payable fine equal to 10% of the amount still owed by the Business Client to VeiligStappen.nl per day.
- The Business Client is authorized to resell or use the Goods delivered under retention of title, if and insofar as necessary, solely in the context of the normal conduct of his business. In the event of a sale, the Business Client is also obliged to deliver these Goods and only under the condition of this retention of title and in accordance with the provisions of this article. An exception applies to the situation in which the Business Client has fallen into bankruptcy or suspension of payment, in which case resale within the framework of the normal course of business is not permitted. the Business Client is not authorized to pledge the Goods delivered under retention of title to third parties or to have third parties serve as security in the broadest sense of the word and/or to establish any limited right thereon.
- The Business Client is obliged to keep the goods delivered subject to retention of title carefully and as recognizable property of VeiligStappen.nl and to ensure them adequately against all business and other risks (including - but not limited to - fire, theft, water damage, explosion, etc.). At the first request of VeiligStappen.nl, the Business Client will provide copies of Veiligverappen.nl of the relevant insurance policies, including proof of timely premium payment.
- Delivered Goods that have been transferred into the property of the Business Client through payment - or that have been processed - and are still in the business of the Business Client, the Business Client hereby establishes a pledge on behalf of VeiligStappen.nl as security for compliance with claims other than those referred to in paragraph 1 of this article (including - but not limited to - future claims) that VeiligStappen.nl may have or obtain against the Business Client. At the first request of VeiligStappen.nl, the Business Client will hand over the Goods that fall under this right of pledge to VeiligStappen.nl in order to realize a pledge. Paragraph 3 of this article applies accordingly.
- The Business Client is furthermore obliged, upon the first request from VeiligStappen.nl: -Pledge any claims of the Business Client against insurers concerning the Goods referred to in this article to VeiligStappen.nl; and/or
-Pledge any claims of the Business Client against its debtors regarding the Goods referred to in this article to VeiligStappen.nl; and/or
-Cooperate in other ways with all reasonable measures that VeiligStappen.nl wishes to take to protect its interests and/or property rights, provided that the measures to be taken do not disproportionately hinder the Business Client in its business operations.
Artikel 9. Garantie & Aansprakelijkheid
VeiligStappen.nl geeft geen andere of verdergaande garantie op Goederen dan de garantie van haar toeleveranciers en/of producenten voor het betreffende Goed.
De Zakelijke Klant zal bij doorverkoop van Goederen aan derden geen verdergaande garantie verstrekken dan die weergegeven in dit artikel.
Het gebruik van alle oplossingsgerichte producten uit het ‘B2B Arsenaal’ en ‘Het Arsenaal’ is geheel op eigen risico. VeiligStappen.nl is niet aansprakelijk voor welke vorm van directe en indirecte (letsel)schade aan jouw zelf, jouw eigendommen, derden of aan de eigendommen van derden.
Op Diensten wordt geen garantie verstrekt.
Article 10. Liability, force majeure, and release
- In the event of defectiveness of the Goods supplied, the liability of VeiligStappen.nl is limited to compliance with the Warranty as included under article 9 of these Terms and Conditions.
- In all other cases (including the situation that VeiligStappen.nl provided Services and/or VeiligStappen.nl would not fulfill its guarantee obligations for any reason), the liability of VeiligStappen.nl is limited to compensation for Damage caused by intent or gross negligence on the part of her or her employees is due. VeiligStappen.nl is not liable for other damages, in whatever form or whatever type.
- VeiligStappen.nl is not liable for damage that arises in connection with communications, explanations or advice provided by VeiligStappen.nl in the broadest sense of the word, such as (but not limited to) with regard to loading, unloading, transport, storage, use, composition and/or suitability of goods delivered by it or third parties to the Business Client.
- VeiligStappen.nl stipulates all legal and contractual defenses, which it can invoke to defend its own liability towards the Business Client, also for the benefit of its subordinates, the non-subordinates for whose conduct VeiligStappen.nl would be liable under the law and the suppliers of VeiligStappen.nl.
- Any liability of VeiligStappen.nl vis-à-vis the Business Client will lapse after the lapse of 1 month after (1) the Goods have been delivered to the Business Client; and/or (2) the Services for the Business Client have been completed.
- VeiligStappen.nl is not liable for delay, incorrect or incorrect delivery as a direct or indirect consequence of force majeure. Force majeure is understood to mean, among other things, any circumstance beyond the control and control of VeiligStappen.nl, which impedes the normal performance of the agreement or makes it so difficult that it cannot reasonably be required of VeiligStappen.nl, such as strike, illness and / or excessive sickness absence, lack of persons, raw materials and / or material, government measures including import and export measures, deficiencies on the part of third parties engaged by VeiligStappen.nl (including suppliers), defects in and / or damage to production means, transport impediments and / or disruptions in traffic, etc. VeiligStappen.nl can also invoke force majeure if the relevant circumstance that caused force majeure occurred after VeiligStappen.nl should have delivered.
- Without prejudice to the parties' further rights, force majeure gives both parties the power to dissolve the agreement for the part of it that has not yet been carried out after the force majeure situation has persisted for 1 month, without the parties being obliged to pay any other compensation. Article 4, paragraph 5 of these Terms and Conditions applies accordingly.
Article 11. Intellectual property
- All documents, sales brochures, images, drawings, quotations, specifications, designs, etc. that are provided by VeiligStappen.nl to the Business Client remain the property of VeiligStappen.nl. the Business Client is not entitled to use it for a purpose other than that for which it was made available to the Business Client.
- The Business Client is not entitled to disclose the documents referred to in the previous paragraph or the data contained therein or otherwise become known to the Business Client to third parties, to provide access to them and will return these documents immediately upon the first request by VeiligStappen.nl, without withholding copies.
- In the event of unauthorized use of the documents - including explicitly meant drawings, specifications, quotations, designs, etc. - the Business Client is obliged to compensate VeiligStappen.nl for all damage that it suffers as a result, including - but not limited to - lost sales/profit and the costs involved in drawing up the designs concerned, if these were made exclusively for the Business Client.
Article 12. Dissolution
- If the Business Client does not, not properly or not in time, fulfill any obligation that may arise for him from the agreement, as well as in the event of bankruptcy, suspension of payment, under guardianship, cessation or liquidation of the business from the Business Client, VeiligStappen.nl is entitled at its option, without any obligation to pay compensation and without prejudice to its further rights, to dissolve the agreement in whole or in part, or to suspend further performance of the agreement. Furthermore, all claims of VeiligStappen.nl on the Business Client, in that case, become immediately due and payable.
- In the event of dissolution, the Business Client is obliged to compensate VeiligStappen.nl for the damage it suffers as a result, which damage is at least equal to the number of installments already paid on the relevant Agreement.
Article 13. Conversion, explanation, and change of address
- If and insofar as on the grounds of reasonableness and fairness or unreasonably onerous nature, no provision in these Terms and Conditions can be invoked, then that provision has as much content as possible in terms of content and scope, so that it can be invoked done.
- The invalidity or otherwise unenforceability of any provision of these Terms does not affect the validity of the other provisions of these Terms.
- If VeiligStappen.nl does not require strict compliance with one of these Conditions at any time, this does not mean that VeiligStappen.nl waives the right to demand strict compliance at any time.
- The Business Client is obliged to immediately report changes of address in writing (e-mail) to VeiligStappen.nl. Goods that have been delivered to the last known address of the Business Client at VeiligStappen.nl are deemed to have been received by the Business Client.
Article 14. Applicable law and competent court
- Dutch law applies to all legal relationships between VeiligStappen.nl and the Business Client.