Velua V.O.F. -  General Terms and Conditions for Business Clients

 

CONTENTS

 

ARTICLE 1   - Definitions

ARTICLE 2   - The Seller’s identity

ARTICLE 3   - Applicability

ARTICLE 4   - The offer

ARTICLE 5   - Order acceptance and Execution

ARTICLE 6   - Payment

ARTICLE 7   - Storage of Orderdata

ARTICLE 8   - Changing your data

ARTICLE 9   - Rights of Retention

ARTICLE 10 - Warranty, claims and duration

ARTICLE 11 - Passing of Risk

ARTICLE 12 - Indemnification

ARTICLE 13 - Choice of Legal basis

ARTICLE 14 - Changing Terms and Conditions

 

ARTICLE 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

Seller: Velua V.O.F., (E-commerce company from the Netherlands) and providing distance products and/or services to Clients;

Client: Companies, (public) organizations, schools, government etc. So not the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with the Seller;

Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organised by the Seller for distance sale of products and/or services;

Technology for distance communication: a means to be used for concluding an agreement, without the Client and the Seller being together in the same place at the same time.

Day: calendar day;        

Continuing performance contract: a distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period;

Long-term data carrier: any means that allow the Client or the Seller to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.

 

ARTICLE 2 – The Seller’s identity

Velua V.O.F.
www.velua.nl
Nobelstraat 40 B
3846 CG  Harderwijk
The Netherlands

Tel.: +31 (0)85-4010130
E-mail: service@velua.nl
Chamber of Commerce registration no.: 50768417
VAT no. Netherlands: NL822922034B01

ARTICLE 3 – Applicability

1. These General Terms and Conditions apply to any offer from Velua V.O.F. and to any distance contract concluded by the Seller and the Client (only company / (public) organization – not being a private person or private party). In this case it concerns the seller’s Webshop: www.dymo.eu

2. Before concluding a distance contract, the Seller shall make the text of these General Terms and Conditions available to the Client. If this is reasonably not possible, the Seller, before concluding the distance contract, shall notify that the General Terms and Conditions can be inspected at the Seller´s webshop and that, at the Client´s request, they will be sent to the Client free of charge as soon as possible.

3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Client electronically in such a way that the Client can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Client´s request free of charge, either via electronic means or otherwise;

4. If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions, the Client may always appeal to the applicable provision that is most favourable to him/her.

5. The basis language for communication on this Webshop will be English. However the General Terms and Conditions are translated from Dutch as our Dutch Terms are leading.

 

ARTICLE 4 – The offer

1. All offers are not binding, unless a term for acceptance is set in the offer. An offer will become void when a product or service on which the offer is applicable becomes unavailable during the time of the offer is valid.
2. Seller cannot be kept to keep his offers when the Client can reasonably understand that the offer, or part of it, contains a mistake or an error in writing.
3. The prices mentioned in the offer are excluding VAT and other charges for governmental reasons, if applicable to fulfil the transaction, like travel cost, shipping and administration costs, unless otherwise mentioned.
4. If the acceptance of the offer  (even on minor points) deviates from the in the offer mentioned, then the seller is not bound to fulfil the offer.The agreement / order does then not match the offer, unless the seller accepts and confirms otherwise.
5. A combined offer (multiple products) does not hold the seller to only supply part of the offered products against the original offered price. The order does not match teh offer (see point 4).
6. Offer do not automatically apply for future order, unless otherwise mentioned.

  

ARTICLE 5 – Order acceptance and Execution

1. The agreement becomes active at the moment the offer is accepted by you, the Client.
2. After filling in your data, like names, address and payment information you accept the offer / shoppingcart by First accepting the General Terms and Condition (check box) and then by clicking on the order now button. This will be the moment when the agreement becomes final and a mutual obligation is started. The seller obligates itself to deliver the ordered products and you, the Client, obligate yourself to make the payment according to your selected payment method. The Seller offers various payment methods from which you can chose.
3. You can also place your order by Phone, Facsimile of E-mail.
4. When you have placed your order via the electronical means and you have accepted the order by checking the conditions and clicking on the “order now” button the seller will send you per E-mail an acknowledgement of the receipt of the order. As long as you have not received this acknowledgment you can cancel the order and there will no longer be an agreement. However this does not apply when you have entered a incorrect E-mail address and Seller has fulfilled the obligation to deliver.
5. In case you place your order per Telephone, your acceptance will be immediately confirmed and you’ll receive an acknowledgement for checking all the data per E-mail. When this does not happen there will be no agreement made.
6. In case you place your order per Facsimile (Fax), you’ll receive an acknowledgement for checking all the data per E-mail. When this does not happen there will be no agreement made.
7. Delivery will take place within the time mentioned by the Seller. If no time is mentioned or agreed upon the Seller will deliver at least within 30 days after the order is placed or after the pre-payment has been received.
8. In case the delivery of the ordered product(s) is no longer possible, the Seller will inform the Client within the agreed upon delivery time or  within at lease the Legal delivery time of 30 days. In this case you have the possibility to cancel the order, free of charge. It is also possible to agree upon another delivery time in order to fulfil the agreement or change the product for an alternative product.

 

ARTICLE 6 – Payment

Payment needs to be made as the Client selected at the moment of accepting the offer and placing the order. If the Client has chosen for payment with 14 days  than the Client obligates itself to pay within 14 days from invoice date, in the currency mentioned on the invoice, to a bank account as instructed by the Seller. Seller is entitled to invoice on a periodical base.

1. If the Client does not fulfil its obligation to pay the invoice in time, the Client neglects the obligation and Seller is allowed to follow the Legal way to proceed. The Client will be charged a interest fee of 1% per month unless the Legal interest level is higher, in that case the higher interest level will be charged.The interest will be charged over the open invoice amount(s) from the moment the Client was too late until the moment the Client has paid the open invoice(s) in full.
2. Seller is entitled to stretch the payments made by the Client to initialy the costs, then the open interest and then the main sum and current interest. This means that when full payment is received for the invoice but there is an open amount for interest, the interest will be paid firstly by this payment leaving a part of the invoice amount open which then still needs to be paid.
3. Seller can, without being negligent, refuse an offer to payment by the Client when Client wants a different way of devinding the to be paid sum. Seller can refuse full payment of the invoice amount when the open interest and legal costs are paid too.
4. The Client is never entitled to settle the open amount to the Seller (For example by a purchase from the Seller at the Client’s company.
5. Objections to the invoice amount will not change the obligation to fully pay the invoice within the agreed upon payment terms. The Client who does not fit within the appeal following section 6.5.3 (articles 231 to and incl.247 book 6 Burgerlijk Wetboek = Dutch Legal System) is also not entitled to change the payment obligation for any other reason.
6. If the Client does not fulfil its obligations or is negligent, then all reasonable costs for recovering and settlement outside court will come for the account of the Client. The extrajudicial costs will be charged on basis of that what is usual within the Dutch Collection business.  The Client is also responsible to pay interest over the collection costs.

 

Article 7 -  Storage of Orderdata

1. The details of Client’s order (like product, price etc.) is archived by the Seller. The archived agreement / order can be send to Client upon request.
2. The General Terms and Conditions can be send to Client by Seller. However Client can also at any time find the General Terms and Conditions at the website of Seller and print or download them.
3. As a registered Client you can also find back your orders via the customer login on the Webshop and then in ‘My Account’ .

 

Article 8 – Changing your data

1. You can always change your data before placing the order via the “order now” button. Use a correction button or Back Button on you keyboard on the intem or line you’d like to change. Once an order is placed and you need to change any data, please contact Seller by E-mail of Telephone with the correct information. The ordering process can be terminated (before the order is placed) by closing your webbrowser window.

 

Article 9 – Rights of Retention

1. Seller keeps the rights of retention on all by Seller supplied goods until the moment full payment of all the delivered and still to be delivered products is received.

 

Article 10 – Warranty, claims and duration

1. The goods to be delivered by Seller will meet the usual requirements and standards at the time of delivery and are for use as can expected within Netherlands and Belgium. The warranty mentioned in this article is applicable to the Dutch and Belgian area. When ordered for outside Netherlands and Belgium, Client needs to verify if the product is suited to be used in that area and meets the conditions of that area. Seller  (or manufacturer) can in that case offer different warranty / conditions for the to be delivered products.
2. In paragraph 1 of this Article mentioned warranty shall apply for the duration of 12 months after delivery unless from the nature of the product it can be expected to be different or when parties have agreed upon a different period. If the warranty offered by seller is a product which was produced by a third party, then the warranty is limited to those provided by the manufacturer, unless otherwise stated.
3. Any form of warranty is void if a defect is caused by or resulting from improper or inappropriate use or use after the expiration date, improper storage or maintenance by the Clientr and / or third parties when, without the written consent of Seller, the purchaser or third parties to the product have made changes or have tried to bring to changes to the product(s) or attached other products to it which were not intended to be attached to it, or if these were changed or modified other than as prescribed. The Client is not entitled to warranty if the defect is caused by or arising from circumstances where no seller has no control over, including weather conditions (such as but not limited to, extreme temperatures or rainfall) et cetera.
4. The Client is obliged to (do) investigate immediately the moment that things are made available and the relevant activities are performed. It belongs to the Client to examine the quality and / or quantity of the goods delivered correspond to what was agreed and meets the requirements of the parties thereto have agreed. Any visible defects have to be reported within seven days after delivery by Seller. Any defects which are not visible immediately have to be reported in any event within fourteen days after discovery in writing to the Seller. The report should contain a detailed description and some clear photo’s of the defect, so Seller is able to respond adequately. The Client must give the vendor the opportunity to investigate the complaint properly.
5. If the Client responds in time, it does not suspend its payment obligation. The Client remains obligated to accept and pay for the otherwise ordered product(s)
6. If a defect is reported too late, the Client has no right to replacement, exchange or compensation.
7. When is determined that a product is weak and reported in time, Seller will follow up on the report by having the product be returned (if possible of financial viable) and by Seller’s choice exchange, refund or take care of repair. This will be informed to the Client in writing. In case of exchange the Client is obliged to return the faulty / weak product to Seller and the ownership will be transferred then too, unless Seller stated otherwise.
8. If it transpires that the complaint is unfounded, the costs it incurred, including research by the Seller, are for the Client to pay.
9. After the warranty period, all costs for repair or replacement, including administration, shipping costs and drive, will be charged to the Client.
10. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against the seller and the seller to the implementation of a third party, is one year.

 

Article 11 – Passing of Risk

1. The risk of loss, damage or financial loss passes on to the Client at the moment products are delivered to the Client.

 

Article 12 - Indemnification

1. The Buyer shall indemnify the Seller against any claims by third parties in connection with the execution of the damage suffered and whose cause other than the vendor accountable.
2. If the Seller is accordingly addressed by third parties then Client is obliged to support Seller both outside law as within law (court) and immediately do whatever is expected from Client. Should the buyer fail to take adequate measures, the seller, without notice, is entitled themselves to do so. All costs and damages on the part of Seller and third parties, are for the account and risk of the Client.

 

Article 13 – Choice of Legal basis

1. The court in the district where the (main) location of the Seller is, is responsible for disputes arising from the agreement in the event Client is a professional party. 

 

Article 14 Changing Terms and Conditions

1. Applicable is the version valid at the time of the creation of the legal relationship with the seller.
2. The Dutch text of these general conditions is decisive for the interpretation thereof and shall prevail over any translation thereof.