Terms and Conditions
Article 1 - Definitions
- Similar Scent, Established inRoosendaal, Chamber of Commerce number73654566Is designated in these conditions as a seller.
- The other party vendor is referred to in these terms as copper.
- Parties seller and buyer together.
- The agreement refers to the contract between the parties.
Article 2 - Applicability of General Conditions
- These conditions apply to all quotations, offers, agreements and deliveries of goods or services by or on behalf of Seller.
- Deviation from these conditions unless expressly written and agreed by the parties.
Article 3 - Payment
- The full purchase price is always paid immediately in the shop. Bookings are expected in some cases a deposit. In that case the buyer provides proof of the reservation and prepayment.
- Buyer pays on time, he is in default. Copper remains in default, the seller is entitled to suspend their obligations until the buyer has fulfilled its payment obligations.
- Copper remains in default, the seller will proceed to recovery. The costs relating to the recovery shall be borne by the buyer. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- In case of liquidation, bankruptcy, seizure or suspension of payment of the buyer's claims seller to the buyer immediately due and payable.
- Buyer refuses to cooperate with the execution of the contract by the seller, he is still obliged to pay the Seller the agreed price.
Article 4 - Offers, quotations and
- Offers are not binding unless it is called an acceptance period in the offer. If the offer is not accepted within the deadline, the offer lapses.
- Delivery times in quotations are indicative and copper exceeded them no right to rescission or damages, unless the parties expressly and otherwise agreed in writing.
- Offers and tenders shall not apply automatically to repeat orders. Parties must expressly and in writing.
- The on offers and invoices quoted price includes the purchase price, including the VAT and any other government levies.
Article 5 - Right of withdrawal
- The consumer is entitled to terminate the agreement without giving any reason within 14days of order receipt (right of withdrawal). The period starts from the moment the (entire) order is received by the consumer.
- There is no right of withdrawal exists when the product according to its specifications are tailored or only short shelf life.
- Consumers can use a withdrawal form from seller. Seller is obliged to inform it immediately upon the demand of copper to copper available.
- During this period the consumer will carefully handle the product and packaging. He will be the product only to unpack or use the product to the extent necessary to assess whether he wishes to retain. If he exercises his right of withdrawal, he will be unused and undamaged product with all accessories and - if reasonably possible - return in the original shipping container to the seller in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6 - Amendment of Agreement
- If during the execution of the agreement shows that for a proper execution of the contract is necessary to amend or supplement the work to be performed, and timely adjust parties by mutual agreement the contract accordingly.
- If the parties agree that the agreement is amended or supplemented, the time of completion of the implementation can be influenced as a result. The seller informs the buyer of this as soon as possible.
- If the amendment to or supplement to the agreement has financial and / or qualitative consequences, the buyer will inform the seller in writing about this in advance.
- If the parties have agreed a fixed price, the seller indicates to what extent the amendment or supplement to the agreement results in an exceeding of this price.
- By way of derogation from the provisions of the third paragraph of this article, the seller cannot charge any additional costs if the change or supplement is the result of circumstances that can be attributed to him.
Article 7 - Delivery and risk transition
- As soon as the purchased purchased by the buyer has been received, the risk of seller is going to buyer.
Article 8 - Research and complaints
- Buyer is obliged to examine the supplied at the time of (AF) delivery, but in any case to investigate within the shortest possible time. In addition, the buyer should investigate whether quality and quantity of the delivered corresponds to what the parties have agreed, at least that quality and quantity meet the requirements that apply in normal (trade) traffic.
- Complaints with regard to damage, deficiencies or loss of goods delivered must be submitted by the buyer in writing within 10 working days of the day of delivery of the goods.
- Upon valuation of the complaint within the stated period, the seller has the right to either repair or to re-deliver, or to refrain from delivery and buyer send a credit note for that part of the purchase price.
- Low and / or in the branch usual deviations and difference in quality, number, size or finish cannot be contradicted to the seller.
- Complaints with regard to a certain product have no influence on products or parts belonging to the same agreement.
- After processing the goods at the buyer, no complaints are no longer accepted.
Article 9 - Samples and models
- If a sample or model is shown or provided to buyer, the suspected is only provided as an indication without the need to answer the case to be delivered. This is different if the parties have expressly agreed that the case to be delivered will correspond.
- In agreements with regard to a property, indication of the surface or other dimensions and indications are also mentioned only as an indication, without the need to answer the case to be delivered.
Article 10 - Delivery
- Delivery takes place 'Af factory / shop / warehouse'. This means that all costs are for buyer.
- The buyer is obliged to take out the goods when seller delivers or deliver it to him or at the time when these issues are made available to him according to the Agreement.
- If copper decreases or negligent is in providing information or instructions that are necessary for delivery, the seller is entitled to save the case for the account and risk of buyer.
- If things are delivered, the seller is entitled to charge any delivery costs.
- If the seller needs copper data for the implementation of the agreement, the delivery time arranges after buyer has made this data available to the Seller.
- A term-specified delivery for delivery is indicative. This is never a fatal term. When the period is exceeded, the buyer must give a seller written notice.
- The seller is entitled to deliver things in parts, unless the parties have agreed otherwise in writing or no self-employed value. With delivery in parts, the seller is entitled to invoice these parts separately.
Article 11 - Force majeure
- If the seller cannot meet his obligations from the agreement in time or not properly due to force majeure, he is not liable for damage suffered by buyer.
- For the event of force majeure, in any case, any circumstances that the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be required by buyer such as, for example, illness, war or war hazard, civil war and Real, molest, sabotage, terrorism, energy failure, flood, earthquake, fire, business occupation, work strikes, workmen exclusion, changed government measures, transport difficulties, and other malfunctions in the seller's company.
- Furthermore, the parties under force majeure means the circumstance that suppliers of which seller depends on the execution of the agreement, does not meet the contractual obligations towards the seller, unless this is to blame.
- If a situation referred to above as a result of which the seller cannot meet his obligations towards the buyer, then those obligations are suspended as long as seller cannot meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in writing in writing or partially.
- In the event that the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done via a registered letter.
Article 12 - Transfer of rights
- Rights of a party from this agreement cannot be transferred without the prior written consent of the other party. This provision serves as a clause with property law as referred to in Article 3:8343, second paragraph, civil code.
Article 13 - Retention of title and retention law
- The goods and parts available at the seller remain the property of seller until buyer paid the entire agreed price. Until then, seller can rely on his retention of title and take back things back.
- If the agreed amounts to be paid are not or not met on time, the seller has the right to suspend the work until the agreed part is still met. There is then creditor absence. In that case, a late delivery cannot be contradicted to the seller.
- The seller is not authorized to pledge neither to object the issues covered by his retention of title.
- Seller undertakes to insure the goods delivered under retention of title to buyer and to keep insured against fire, explosion and water damage as well as to inspect the theft and the policy at first request.
- If things have not yet been supplied, but the agreed prepayment or price has not been met in accordance with agreement, seller has the right to retention. The case is then not delivered until buyer has paid in full and in accordance with appointment.
- In case of liquidation, insolvency or suspension of payment of buyer, buyer's obligations are immediately due and payable.
Article 14 - Liability
- Any liability for damage resulting from or related to the implementation of an agreement is always limited to the amount paid in the case in question by the closed liability insurance (s). This amount is plus the amount of the deductible according to the relevant policy.
- Not excluded is the liability of the seller for damage that is the result of intent or conscious reckless seller or his managerial subordinates.
Article 15 - Compulsory Compulsory
- Buyer is obliged to report complaints about the work performed directly to seller. The complaint contains a detailed possible description of the shortcoming, so that seller is able to respond adequately to this.
- If a complaint is well-founded, then the seller is obliged to correct it correctly and possibly replaced.
Article 16 - Guarantees
- If guarantees are included in the agreement, the following applies. Seller guarantees that the sold agreement meets the agreement that it will function without defects and that it is suitable for the use that copper intends to make it. This warranty applies to a period of two calendar years after receiving the sold by buyer.
- The aforementioned warranty is to establish such a risk distribution between the seller and buyer that the consequences of a breach of a guarantee are always fully at the expense and risk of the seller and that seller can ever rely on a guarantee in respect of a guarantee. ARTICLE 6:75 BW. The provisions of the previous sentence also apply if the breaker was known or could have been known by the conduct of research.
- The aforementioned warranty does not apply if the defect has arisen as a result of improper or improper use or when changes have been made without permission - have changes or have tried or have used the purchased for purposes for which it is not intended.
If the guarantee provided by the Seller relates to a case produced by a third party, the warranty is limited to the guarantee provided by that producer.
Article 17 - Intellectual property
- Similalar Scent retains all intellectual property rights (including copyright, patent right, trademark law, drawings and modeling rights, etc.) on all products, designs, drawings, writings, carriers with data or other information, quotes, images, sketches, models, models, etc ., unless the parties have agreed otherwise in writing.
- The Customer may not submit a mentioned intellectual property rights without prior written permission from Similalar Scent, to show and / or make available to third parties or use it.
Article 18 - Amendment of general terms and conditions
- Similar Scent is entitled to change or supplement these Terms and Conditions.
- Changes to minor importance can be implemented at any time.
- Large substantive changes will similar scent discuss with the customer as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change in the general terms and conditions.
Article 19 - Applicable law and competent court
- Only Dutch law applies to every agreement between the parties.
- The Dutch court in the district where Similarly is located is exclusive authorized to take note of any disputes between the parties unless the law prescribes otherwise.
- The applicability of the Vienna Sales Convention is excluded.
- If one or more provisions of these general terms and conditions are considered unreasonably in a judicial procedure, the other provisions remain in terms of effect.
Article 20 - Disclaimer
- The scents that we sell have no connection with any designer label or brand. The names used are only a reference to the scent.
- Similar ScentOn this website, always strives to offer proper and current information. Although this information has been compiled with the greatest possible care, stateSimilar ScentNot in for the completeness, accuracy or topicality of the information. The legal information on the website is of a general nature and cannot be regarded as a replacement of legal advice.
- No rights can be derived from the information.Similar Scentdoes not accept liability for damage resulting from the use of the information or the website, nor to function properly from the website.
- Based on sending and receiving information via the website or via e-mail, it cannot simply be a relationship betweenSimilar Scentand the user of the website arise.
- Similar ScentDoes not guarantee that e-mails thatSimilar Scentbe sent (timely) are received or processed, because timely receipt of e-mails cannot be guaranteed. The safety of e-mail traffic cannot be fully guaranteed by the safety risks associated with this. By without encryption or password protection by e-mail withSimilar ScentTo correspond, you accept this risk.
- This website can contain hyperlinks to third-party websites.Similar ScentDoes not affect third-party websites and are not responsible for the availability or content thereof.Similar Scenttherefore accepts no liability for damage resulting from the use of third-party websites.
- All publications and expressions ofSimilar Scentare protected by copyright and other intellectual property rights. Except for personal and non-commercial use, nothing from these publications and expressions may therefore be reproduced, copied or made public in a different way, without thatSimilar Scentin advance written permission.
Article 21 - Assignment
- These general terms and conditions have been made usingRocket Lawyer(https://www.rocketlawyer.com/nl/nl).