General terms and conditions
Article 1: Definitions
- Kamphuisen Siroopwafelbakkerij BV, domiciled in Gouda, Chamber of Commerce (KvK) registration number 68358148, is referred to in these general terms and conditions as Seller.
- The second party is referred to in these general terms and conditions as Buyer.
- Agreement means the purchase agreement between both parties.
Article 2: Applicability of general terms and conditions
- These general terms and conditions shall govern all quotes, offers, agreements and deliveries of goods and/or services by and on behalf of Seller.
- Any deviation from these terms and conditions shall only be valid if explicitly confirmed in writing by both parties.
Article 3: Payment
- The whole purchase price can be paid cash or by invoice.
- Payments by invoice are due within 7 days of the invoice date.
- If Buyer fails to settle the payment by the due date, Buyer shall be held liable. In the case that Buyer continues to fail to settle the payment, Seller is entitled to suspend all obligations until Buyer has settled the payment in full.
- In the case that Buyer continues to fail to settle the payment, Seller will take all legal action available to recover this debt. Any costs involved will be charged to Buyer. The collection costs are calculated based on the Dutch Extrajudicial Collection Costs Decree (Besluit vergoeding voor buitengerechtelijke incassokosten).
Article 4: Offers, quotes and price
- Offers are without obligation, unless the offer states that it will be open until a particular time. If the offer is not accepted within the agreed timescale, the offer terminates.
- Offers and quotes by Seller do not automatically apply to follow-up orders, unless explicitly confirmed in writing by both parties.
- The price of offers, quotes and invoices includes the purchase price including VAT and any other applicable taxes.
Article 5: Cancellation
- In the event of cancellation from 28 to 14 days prior to the visit 50% of the amount due will be charged.
- In the event of cancellation more than 5 days prior to the visit 75% of the amount due will be charged.
- In the event of cancellation 5 days or less prior to the visit 100% of the amount due will be charged.
- In the event of cancellation of a syrup waffle order 2 days or less prior to the delivery date Buyer is required to pay 50% of the amount due.
- In the event of cancellation of a syrup waffle order on the day of delivery the customer is required to pay 100% of the amount due.
Article 6: Amendment of agreement
- In the event that when the agreement is being carried out, an amendment or addition to the work is required, the parties will change the agreement accordingly by mutual consent in plenty of time.
- In the event that both parties consent to an amendment or addition to the agreement, this may affect the price of the agreement. Seller will notify Buyer of this as soon as possible.
- In the event that both parties have agreed on a set price, Seller will indicate to what extent the amendment or addition to the agreement will exceed this price.
- Unlike what has been stated in section 2 of this article, Seller cannot charge any additional fees if the amendment or addition is the result of circumstances for which Seller can be held responsible.
- In the event that Buyer wishes to make amendments to the agreement, an administration fee of € 2.50 will be charged.
Article 7: Completion and transfer of risk
- As soon as Buyer receives the purchased article, the risk transfers from Seller to Buyer.
Article 8: Claims
- Buyer is obliged to examine the goods supplied on receipt, or in any case as soon as possible. This means Buyer should investigate whether the quality and quantity of the delivery correspond with what the parties have agreed, or at any rate that the quality and quantity comply with trading standards.
- Buyer should notify Seller in writing of any claims concerning damages, deficiencies or loss of the supplied goods within 5 workdays after delivery.
- In the event that the claim is granted within the time allowed, Seller has the right either to repair, or to replace the goods, or to cancel the order and issue Buyer a credit note for the relevant amount of the purchase price.
- Seller cannot be held responsible for deviations and differences in quality, size or finishing that are minor and/or acceptable in the branch.
Article 9: Delivery
- All prices are exclusive of delivery charges.
- Buyer is obliged to accept the goods when they are delivered by or on behalf of Seller, or when these goods are made available as stated in the agreement.
- If Buyer refuses to accept the goods, or fails to provide the information required for the delivery, Seller has the right to store the goods at Buyer’s expense.
- If the goods are to be delivered, Seller has the right to charge delivery costs.
Article 10: Force majeure
- If Seller fails to perform its obligations under the agreement, or fails to do so within the agreed time or adequately as a result of a force majeure event, Seller shall not be responsible for damages suffered by Buyer.
- Force majeure event means an event beyond the reasonable control of Seller which prevents Seller from complying with its obligations under the agreement, such as sickness, discontinuation of energy supply, fire, changed government regulations, transport problems and other technical failures in the business of Seller.
Article 11: Governing law and jurisdiction
- This agreement between Seller and Buyer is exclusively governed by Dutch law.