Article 1: Applicability
1.1: On all offers, orders and agreements from Textiel Trade (henceforth mentioned as TT), located in Steenbergen and registered with the Chamber of Commerce in Breda under reference number: 23077090, are applicable under these General Terms (henceforth mentioned as Terms), with the exclusion of any other General Terms. These Terms will be sent by TT on request. These Terms may also be consulted on the TT website:http://www.textieltrade.nl/
1.2: The acceptance or placement of an order means acceptance of the applicability of these Terms.
1.3: In written agreement only may these Terms be deviated from. In which other conditions remain valid.
1.4: All rights and claims as stipulated in these Terms and other agreements on behalf of TT are also stipulated on behalf of by TT enlisted intermediaries and other third parties.
Article 2: Offers
2.1: All TT offers are without obligation and TT explicitly reserves the right to alter prices especially when necessary on account of legal regulations.
2.2: An agreement is only binding after acceptance of order by TT. TT is entitled to refuse orders and to attach certain conditions to the delivery of orders unless explicitly determined otherwise.
Article 3: Price and Payment
3.1: The prices mentioned for products and services are in Euros, without VAT, handling/transport costs and or other taxes and levies, unless specified or after written agreement.
3.2: Payment may occur exclusively as stipulated during the order process. Terms of payment/sale may be appointed to your order. In case of payment via bank the date of payment is equal to the date of receipt of payment by TT.
3.3: Payment needs to occur, without discount or compensation, within 7 days after order date regarding deliveries with the EU and within 14 days after order date concerning deliveries outside the EU, unless specified in a written agreement.
3.4: On default of payment TT is entitled to suspend or cancel the agreement in question together with other connected agreements.
3.5: If a price increase occurs between the duration of receipt and execution of order, the buyer is entitled to cancel the order and/or dissolve the agreement within 7 days after announcement of price increase by TT.
Article 4: Delivery
4.1: TT strives to deliver the orders directly after receipt of payment. To exceed the delivery period does not entitle the buyer to compensation, cancellation of order or the right to dissolve the agreement. Unless under certain circumstances determined in the agreement.
4.2: Delivery of the goods will commence at the place and date on which goods are ready.
Article 5: Ownership
5.1: Ownership changes when all necessities in the agreement between buyer and TT have been complied with. The goods are at buyer’s own risk at the moment of delivery.
Article 6: Intellectual and Industrial Ownership
6.1: All intellectual and industrial rights of ownership on the products delivered by TT need to be respected unconditionally.
6.2: TT does not guarantee that the goods delivered do not infringe on the intellectual and industrial rights of ownership of a third party.
Article 7: Claims
7.1: On delivery the buyer has the obligation to inspect weather the goods comply with the agreement. When this is not the case the buyer needs to inform TT within 48 hours after delivery in a detailed written statement.
7.2: When default of agreement has been proved, TT has the options to the have the goods returned and send replacements or credit the invoice.
7.3: For what reason, when the buyer no longer requires the goods, the buyer has the right to return the goods to TT within 7 working days after delivery. Return of goods is only acceptable when the original packing is undamaged and the plastic seal has not been broken. Return costs are for account of the buyer.
Article 8: Orders/Communication
8.1: All misunderstandings, delays, damages or announcements through the use of Internet or any other form of communication between buyer and TT or between TT and a third party, TT cannot be held responsible when it involves the business relation between buyer and TT. Unless it proves intent and gross negligence on the part of TT.
Article 9: Force Majeure
9.1: When matters of Force Majeure occur, TT has the right to postpone the order and/or dissolve the agreement without legal intermediary. TT needs to inform the buyer through a written statement. TT cannot be held responsible for damages, unless in all fairness the circumstances warrant this unacceptable.
9.2: Force Majeure means any shortcomings beyond the control of TT, which TT cannot be held responsible for due to no fault of TT or according to law.
Article 10: Various
10.1: When TT is informed the delivery address by the buyer in writing, TT is entitled to send the goods ordered to that address, unless informed of an alternate delivery address in writing.
10.2: When by TT, a shorter or longer term, the Terms are easy complianced, TT has still the right to demand the strict compliance of these Terms. You can never hold it against TT, that TT had easy complianced these Terms.
10.3: When 1 or more stipulations under these Terms or any other agreement with TT are contrary with any legal regulations, the stipulation will be cancelled and replaced by a similar stipulation to be named by TT.
10.4: TT will not be held responsible for errors. When this stipulation is been used widely by a third party, according to a judicial verdict, TT will be held responsible for the amount invoiced only.
Article 11: Appropriate Law and qualified judge
11.1: On all rights, obligations, offers, orders and agreements to which these Terms are applicable, including these Terms, only Dutch Law applies.
11.2: All differences between parties will be submitted, on exclusion, to a qualified judge in the Netherlands.