General sales - delivery and payment terms and conditions of tichelaars koninklijke makkumer aardewerk- en tegelfabriek b.v.
All agreements concluded with us are exclusively subject to these general terms and conditions of sale and delivery, as well as the conditions stated in our current price lists, with the exclusion of possible conditions from the buyer.
Offers are always without obligation and valid for a maximum of 6 weeks. Delivery obligation arises only by written order confirmation from the manufacturer and against the prices and conditions of the day of order. The buyer can never cancel this order, unless in case of a price change. The manufacturer is not liable for damage caused by late delivery. In case of force majeure (including fire, strike, revolt, war, technical breakdown, manufacturing difficulties, etc.) the manufacturer of supply obligation has been dismissed.
In the event of a change of prices for raw materials, energy, auxiliary materials and others for the manufacture of the materials required for an order, as well as freight costs, wages, changes in the currency ratios or similar factors, we are entitled to change the agreed prices accordingly. In the event of late, incomplete or incomplete performance as a result of force majeure we shall never be obliged to pay compensation.
The manufacturer shall be entitled to deliver a maximum of 15% more or less than ordered items of goods specially manufactured for the buyer, and a maximum of 15% second choice with a discount to be agreed upon.
The delivery is made ex works. The goods travel on behalf of the buyer. The risk of damage and / or loss of goods is up to the moment of delivery to the company.
If the delivery is longer than 30 days without this being agreed, the customer has the right to terminate the contract without any costs.
When purchasing products, the consumer has the option to terminate the contract without giving any reason for 7 (seven) days. This period starts on the day after receipt of the product by the consumer.
During this period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or cancellation.
The manufacturer is entitled to charge agreed freight and minimum order costs.
The costs of packaging and packaging materials can be charged separately. Wooden and metal packaging shall be taken back at the invoice value if it is received back in good condition by the manufacturer free of charge within one month after it has been sent.
All complaints must be made in writing within 8 days of receipt of the goods. Return shipments must be paid carriage paid and are only allowed after an appointment. The breakage risk of return shipments is at the expense of the buyer. In the event of any complaint, the buyer remains obliged to pay the invoice amount without any right to discount or compensation.
Payments must be made within the usual term for the manufacturer. The manufacturer is entitled in special cases or circumstances to require payment in advance or to deliver cash on delivery.
The buyer who has not yet paid on the due date is liable to pay interest on the due amount, without any demand for payment being required. The interest runs from the due date up to and including the day of payment. The interest rate is equal to the statutory interest plus 1%. All judicial and non-judicial collection costs, the latter amounting to at least 15% of the amount due, arising as a result of non-payment or late payment, shall be borne by the buyer.
The property right of the goods is transferred to the buyer after full payment. The buyer is not entitled to alienate, tax or otherwise process goods that have not been paid for, or to process them in the buyer's company, other than necessary for and customary.
If the buyer is in default in any way, we are entitled to retrieve the goods.
Without prior written permission, the buyer will not use any trade names, trademarks or logos belonging to the manufacturer.
All models, samples, designs and copyrights made for the buyer remain the property of the manufacturer.
Dutch law applies exclusively to all agreements of purchase and sale concluded by the manufacturer.