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General terms and conditions

Hobbygroep.nl
Steenbakkerij 51
2913 LJ Nieuwerkerk a/d IJssel
The Netherlands

Tel. +31 (0)180 760260
E-mail: [email protected]
Chamber of Commerce: 86737783
VAT: NL864070366B01
Banking details: NL97RABO0195263286

Article 1 Applicability of these conditions

1.1 These conditions apply to all legal relationships in which the seller acts as seller, supplier of goods or service provider. The applicability of general conditions used by the buyer is hereby expressly rejected.

Article 2 Order confirmation and conclusion of agreement

2.1 An agreement is only concluded by means of a written order confirmation from the seller. The content of the agreement (in particular the scope of the services) is exclusively determined by the order confirmation from the seller. Changes and/or additions to the contract are only valid if the changes and/or additions have been confirmed in writing by the seller.

2.2 With regard to images, descriptions and drawings, as well as the dimensions and weight in our offers, brochures, catalogues and price lists, the seller reserves the right to make changes insofar as the object in question does not change significantly, or its quality improves. If the seller shows or provides a model, sample or example, this is always only by way of indication. The qualities of the items to be delivered may deviate from the sample, model or example.

2.3 The seller's prices are exclusive of VAT ex warehouse or ex factory. The currency of the invoices is in €/Euro, unless otherwise agreed. Shipping is at the expense and risk of the buyer. The seller specifies the invoice in accordance with the applicable legislation. If the VAT identification number of a European buyer is not known, the applicable Dutch VAT rate will be charged.

2.4 2.4 Transport to the Netherlands & Belgium is free from an order value of € 150.00 (excluding VAT). Up to the place of receipt of the customer. If you place an order below the Franco-free amount, we charge a standard € 5.95, - (excluding VAT) shipping costs. Our minimum order value is € 75, - (excluding VAT)

2.5 2.5 The prices that apply to an agreement (according to the seller's price lists) were agreed upon at the time of concluding the contract. The costs of and/or related to samples provided at the request of the customer will be charged to the customer. Samples that are not charged for will be returned by the customer at his/her expense upon request.

2.6 Payments must generally be made in advance.

2.7 In the event of liquidation, bankruptcy or suspension of payment of the buyer or when the Natural Persons Debt Restructuring Act (WSNP) applies to the buyer, the claims on the buyer will be immediately due and payable.

2.8 2.8 Payments made by the buyer shall always be used to settle first all interest and costs due, and secondly the oldest outstanding invoices, even if the buyer states that the payment relates to a later invoice. Payment must be made without discount or settlement. Seller reserves the right to request advance payment or cash payment or to request suitable securities.

2.9 After 14 days have elapsed after the invoice date, the buyer is in default; The buyer is liable to pay interest of 1% per month on the amount due from the moment of default. Furthermore, the consequence of late payment is that all other outstanding and not yet expired invoices become due and payable.

Article 3 Delivery

3.1 Unless otherwise agreed, delivery will be ex warehouse or ex factory. If one of the 'incoterms' has been agreed as a delivery condition, the incoterms applicable at the time the agreement is concluded will apply. The risk of destruction and/or deterioration of the goods is transferred to the buyer at the time the goods are handed over for transport. This applies regardless of the place of delivery and who bears the transport costs.

3.2 The buyer is obliged to accept the purchased items at the time they are delivered to the buyer or offered. If the buyer refuses to accept the items or fails to provide information or instructions necessary for the delivery, the items will be stored at the buyer's risk. In that case, the buyer will be liable for all additional costs, including in any case storage costs and transport costs.

3.3 If the buyer chooses a special shipping (such as express, couriers etc.), the additional costs will be borne by the Buyer.

3.4 The seller is permitted to deliver sold goods in parts. This does not apply if a partial delivery has no independent value. If the goods are delivered in parts, the seller is authorised to invoice each part separately.

3.5 If orders on call have been agreed and the buyer does not call off the relevant items within the agreed period or, in the absence of an agreed period, not within 12 months after the call-off agreement has been concluded, the call-off is deemed to have been made on the last day on which the orders can be called off or, in the absence of a call-off period, 12 months after the call-off agreement has been concluded. In that case, the seller is entitled to have the relevant items stored at the expense and risk of the buyer.

Article 4 Delivery time and force majeure

4.1 An agreed delivery time is not a fatal term, unless expressly agreed otherwise. In the event of late delivery, the buyer must therefore give the seller written notice of default.

4.2 The delivery times are based on the individually made agreements. The delivery time is met, when the goods to be delivered are ready for transport and this has been communicated to the buyer.

4.3 Seller is not obliged to fulfil any obligation, including the fulfilment of the agreed delivery time, if it is prevented from doing so as a result of a circumstance that is not attributable to gross negligence or intent of seller and that is not attributable to it under the law, a legal act or generally accepted views. Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in this regard in law and case law, all external causes, foreseen or unforeseen, over which seller has no influence but which prevent seller from fulfilling its obligations. Strikes in seller's company, illness of its personnel, theft, traffic obstructions, frost, rain and stagnation in the delivery of materials or products by suppliers, are included.

4.4 Seller will inform buyer if a situation of force majeure occurs. In this case buyer is not entitled to terminate the contract. If it is not expected that seller will be able to provide his services within a reasonable period (at the latest within 4 months), both seller and buyer may terminate the agreement. The same applies if the causes still exist 4 months after the seller's notification. If the causes for the late delivery were already recognizable when the agreement was made, seller is not entitled to terminate.

Article 5 Termination of the agreement

5.1 The seller's claims against the buyer are immediately due and payable if: - after the conclusion of the agreement, the seller becomes aware of circumstances that give good reason to fear that the buyer will not meet the obligations; - The seller has requested the buyer to provide security for compliance and this security is not provided within the set period or is insufficient.

5.2 In the aforementioned cases, the seller is entitled to suspend further performance of the agreement or to terminate the agreement, without prejudice to the right to claim damages.

5.3 If circumstances arise with regard to persons and/or materials which the seller uses or is accustomed to using in the performance of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so difficult and/or disproportionately expensive that fulfilment of the obligation under the agreement can no longer reasonably be required, the seller is entitled to terminate the agreement.

Article 6 Warranty

6.1 The seller guarantees that the goods delivered by it are free from design, material and manufacturing defects for a period of 1 year after the moment of delivery.

6.2 If a complaint under the warranty is found to be justified by the seller, the seller is only obliged, at his discretion, to deliver the missing item, replace the item to which the complaint relates or refund the price to the buyer upon return of the items to which the complaint relates.

6.3 The seller is liable for damage resulting from a defect in the delivered goods in accordance with the provisions of Article 10 (Liability).

6.4 The warranty shall lapse if the buyer causes the damage by incorrect handling of a guaranteed item.

6.5 If the defect of the product is attributable to a third party, the seller is entitled to transfer the warranty claim against the relevant supplier to the buyer. In that case, the seller can only be held liable if the buyer has asserted the claims against the relevant supplier.

Article 7 Retention of title

7.1 The goods delivered by the seller shall remain the property of the seller until the buyer has fulfilled all subsequent obligations arising from all purchase agreements concluded with the seller:- the consideration(s) relating to the goods delivered or to be delivered themselves;- the consideration(s) relating to services performed or to be performed by the seller under the purchase agreement(s); - any claims arising from non-compliance by the buyer with this/these agreement(s).

7.2 The property law consequences of an item intended for export shall be governed by the law of the country of destination of the item in question, if the retention of title under the law of the country of destination does not cease to have effect until the full price has been paid, unless the seller determines otherwise.

7.3 Items delivered by the seller, which are subject to the retention of title pursuant to paragraph 1, may only be resold in the context of normal business operations. Furthermore, the buyer is not authorised to pledge the items or to establish any other right to them.

7.4 The seller hereby reserves the right of lien as referred to in article 3:237 of the Dutch Civil Code on delivered goods that have become the property of the buyer through payment and that are still in the buyer's possession, as additional security for claims, other than those referred to in paragraph 1 of this article, that the seller may have against the buyer for whatever reason. The authority included in this paragraph also applies to goods delivered by the seller that have been processed or worked by the buyer, as a result of which the seller has lost its right of retention of title.

7.5 If the buyer fails to fulfil the obligations or there is reasonable fear that the buyer will not do so, the seller is entitled to remove or have removed delivered goods to which the retention of title referred to in paragraph 1 applies from the buyer or third parties holding the goods for the buyer. The buyer is obliged to provide full cooperation in this regard, under penalty of a fine of 10% of the amount owed by the buyer per day.

7.6 If third parties wish to establish or assert any right to the goods delivered under retention of title, the buyer is obliged to inform the seller as soon as may reasonably be expected.

7.7 The buyer undertakes, at the seller's first request, to - insure and keep insured the goods delivered under retention of title against fire, explosion and water damage and against theft and to make the policy of this insurance available for inspection; - to pledge all claims of the buyer on insurers with regard to the goods delivered under retention of title to the seller in the manner prescribed in article 3:239 of the Dutch Civil Code; - to pledge to the seller in the manner prescribed in article 3:239 of the Dutch Civil Code the claims that the buyer obtains against the buyer's customers when reselling goods delivered by the seller under retention of title; - to mark the goods delivered under retention of title as the property of the seller; - to cooperate in other ways with all reasonable measures that the seller wishes to take to protect its right of ownership with regard to the goods and which do not unreasonably hinder the buyer in the normal exercise of its business.

Article 8 Defects

8.1 The buyer must examine the purchased items upon delivery - or as soon as possible thereafter. In doing so, the buyer must check whether the delivered items correspond to the agreement, namely: - whether the correct items have been delivered; - whether the delivered items correspond to the agreement in terms of quantity (for example the number and amount); - whether the delivered items meet the agreed quality requirements or - if these are lacking - the requirements that may be set for normal use and/or commercial purposes;

8.2 If visible defects or shortages are found, the buyer must report these to the seller in writing within 14 days of delivery.

8.3 The buyer must report any non-visible defects to the seller in writing within 14 days of discovery, but no later than 14 days after delivery.

8.4 If no objection is submitted in time, the delivery will be deemed to have been approved.

8.5 Even if the buyer complains in time, his obligation to pay for and accept the goods to be delivered remains. Goods can only be returned to the seller after prior written permission. As soon as the buyer has received permission from the seller, the buyer must return the goods complained of at his own expense. The copy of the invoice, the packing slip and the complaint form must be enclosed with the return shipment.

Article 9 Collection costs

9.1 If the buyer fails to fulfil any of his obligations or fails to fulfil them in a timely manner, then, in addition to the agreed price and costs, all costs incurred in obtaining satisfaction out of court shall be borne by the buyer, including the costs of drawing up and sending reminders, making a settlement proposal and obtaining information. The aforementioned costs amount to at least 15% of the principal amount due, with an absolute minimum of €350.00.

9.2 The buyer shall owe the seller the legal costs incurred by the seller in all instances, except to the extent that the buyer demonstrates that these are unreasonably high. This shall only apply if the seller and the buyer conduct legal proceedings in relation to an agreement to which these general terms and conditions apply and a court ruling becomes final and binding in which the buyer is found to be completely or predominantly in the wrong.

Article 10 Liability

10.1 The warranty as described in article 6 (Warranty) of these conditions applies to defects in delivered goods.

10.2 If the seller is liable for damage, its liability is at all times limited to the provisions of this article. The seller is only liable for damage that is due to intent or deliberate recklessness of the seller or its management. The seller is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business stagnation. In the event of damage, the relevant claim will be reported to the seller's insurer and if there is coverage, the liability of Hobbygroep for damage will be limited to the amount actually to be paid out by the insurer.

10.3 If the insurer does not pay out in any case or the damage is not covered by the insurance, the seller's liability is limited to 5 times the invoice value excluding VAT with a maximum of € 2,500.

Article 11 Ownership and copyrights

11.1 To the extent that the seller uses samples developed by the seller, the seller reserves all ownership and copyrights. Use by third parties without the written permission of the seller is prohibited.

Article 12 Customer data

12.1 The seller is entitled to store and process all relevant customer data within the framework of the applicable legal requirements.

Article 13 Dispute Resolution

13.1 The District Court of The Hague shall have exclusive jurisdiction to hear all disputes that may arise between the seller and the buyer. However, the seller shall remain entitled to summon the buyer before the competent court of the buyer's place of residence..