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General Terms of sale and delivery of V & V Decofleur B.V.
1. General
1.These general terms of sale apply to all our offers and to all agreements with
third parties.
2. Confidentiality promises: Decofleur ensures confidential handling of all customer data
received.
3. Transaction security: All transactions used with Credit Card and Internet Banking are made at payment pages that are secure through the use of encryption with
SSl. Credit Card holders are asked for their CVV (Credit Card Verification Code) to prevent fraud.
4. Relation Cardholder Narrative: Transactions with Credit Card will appear on your credit card statement as WWW.DECOFLEUR.COM / N.W.HOUT NL
5. Copy of the transaction data: Decofleur asks the cardholder explicitly to retain a copy of the transaction at an easily accessible place.
2. Offers
1. Our offers are without obligation.
2. A transaction via the internet will only exist after acceptation of the order
by Decofleur. Decofleur is allowed to reject order or to set certain conditions
to a delivery, unless stated otherwise. If the order placed through the
internet, did not reach Decofleur due to technical reasons, no transaction
exists.
3. Prices
1. The prices we quote, unless mentioned otherwise, are exclusive of purchase
tax and shipment and transport costs.
2. The prices agreed upon are based on cost factors as they exist at the time
the agreement is made. We reserve the right to charge our client a proportional
rise in price, in case our suppliers raise theirs, and with other changes in
price fixing factors.
4. Forwarding (Shipping)
1. Forwarding is always, also with free delivery, at the buyer-s risk.
2. We have the choice of way of forwarding and packing.
5. Delivery
1. The given dates of delivery are to be seen as target dates.
2. If delivery of the goods does not take place at the time that was agreed upon,
we have a right to a thirty-day period for late delivery. This period starts
from the date we receive the buyer-s summons by registered post.
3. If delivery does not take place, even after proof of default, the buyer only
has the right to cancel the agreement in writing. The failure of delivery can
never, not even after proof of default, give the client a right to claim
compensation.
6. Circumstances beyond our control
1. In case circumstances beyond our control delay or prevent the execution of
the agreement, we have the right to cancel the agreement without giving the
buyer the right of claiming compensation.
2. Circumstances beyond our control include the non-delivery or late delivery by
our suppliers of goods which we need to carry out our obligations, strikes and
impeding governmental measures.
7. Liability and complaints
1. Complaints connected with deliveries are to be made in writing within 8 days
after the goods should have been received by the buyer. If the buyer fails to do
so, we consider ourselves to have delivered in accordance with our obligations.
2. If complaints are made in time, and the goods delivered do not meet the terms
of the agreement, it is up to us to decide, after receiving the goods back,
whether to deliver again (free of charge) or to credit the buyer-s account. We
are not committed to any further obligations, in particular, not to any
compensation.
8. Payment
1. Unless the invoice states otherwise, all orders have to be prepaid before delivery has taken place.
If a possible period of credit payment is exceeded, a 1% interest is due for every month or
part of the month by which the term is exceeded. A complaint does not postpone
the obligation of payment. A settlement of debts is never allowed.
2. All judicial and extra-judicial collection fees are to be paid by the buyer.
The extra-judicial fees are at least 15 per cent of the main amount overdue, but
with a minimum of EU 250,- and are claimable without any further summons as soon
as we have handed the claimable debt over to a third party for collection.
9. Security
1. In case of non-payment of an amount or discontinuance of payment and if there
is cause for reasonable doubt on our part concerning the correct execution of
obligations by the buyer, after we have come to the agreement, the buyer is
obliged, at our first request, to pay in advance or to give security for payment.
If the buyer falls to fulfill this obligation, we will regard it as a default
and will be entitled to cancel the agreement completely or partly, without
further proof of default or court settlement, in which case we can claim a
compensation amount, which is at least the same as the buyer owes us according
to the agreement.
2. All goods delivered and to be delivered remain our property until all claims
we have or shall have with the buyer, for whatever reason, are settled. If the
buyer does not comply with any obligation stated in the agreement, we have the
right to take the goods back, without any proof of default being required, in
which case the agreement is cancelled without a court settlement, and our right
to compensation remains.
3. If non-payed goods are reclaimed, Decofleur is entitled to take back goods at
the (non-paying) buyer that are technically identical to the reclaimed goods.
Technical identical is decribed as goods that could be reselled by Decofleur
under the same description as these goods.
10. Disputes
1. Dutch law applies to all our agreements.
2. Possible disputes will be taken to the Court of the authorized Judge of that
city in which we have the right to report a dispute, to that Judge, who, without
the condition mentioned before, would be qualified to be informed of the claim.
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