General terms and conditions - Kleinveld B2B Shop
A. GENERAL
1. Definitions
In these Terms and Conditions, the following definitions shall apply:
- Kleinveld: the user of these terms and conditions, acting through its B2B webshop.
- Customer: any legal person or company entering into an Agreement or to whom Kleinveld makes an offer.
- Products: all goods offered or delivered by Kleinveld through the B2B webshop.
- Agreement: any agreement between Kleinveld and the Customer concerning the sale and delivery of Products.
- Conditions: these General Terms and Conditions Kleinveld B2B Shop.
2. Applicability
2.1 These Conditions apply to all offers, agreements and deliveries of Kleinveld, unless otherwise agreed in writing.
2.2 General purchasing conditions or other conditions used by the Customer are expressly rejected.
2.3 If any provision is found to be invalid, the remaining provisions shall remain in full force and effect.
2.4 Kleinveld is entitled to amend these Conditions unilaterally. Amendments shall enter into force thirty (30) days after announcement, unless otherwise stated.
3. Offers and Agreement
3.1 All offers made by Kleinveld are without obligation unless expressly stated otherwise.
3.2 An Agreement will be established by written or electronic confirmation from Kleinveld, or by actual execution of the order.
3.3 Any images, specifications or other data mentioned in the webshop are indicative and cannot constitute grounds for compensation or dissolution.
3.4 If an Agreement is entered into with several Customers, they are jointly and severally liable for its performance.
4. Prices
4.1 All prices are stated in euros, excluding VAT, shipping and administration costs, unless otherwise indicated.
4.2 Kleinveld shall be entitled to adjust prices in the event of increases in cost-determining factors, including wages, raw materials, transport and taxes.
4.3 Price increases do not entitle the Customer to rescind the Agreement.
5. Payment
5.1 Payment shall be made within fourteen (14) days of the invoice date, unless otherwise agreed in writing.
5.2 In case of late payment, the Customer shall be in default by operation of law and shall owe interest of 1% per month, as well as extrajudicial collection costs of at least 15% of the invoice amount with a minimum of €250.
5.3 Kleinveld may require advance payment or security at any time.
6. Delivery and risk
6.1 Delivery shall take place ex Kleinveld warehouse, unless otherwise agreed.
6.2 Stated delivery times are indicative and do not constitute deadlines.
6.3 The risk of loss of or damage to the Products shall pass to the Customer from the time of shipment.
7. Advertisement
7.1 The Customer shall examine the Products upon delivery. Complaints about visible defects must be reported in writing within five (5) working days at the latest.
7.2 Complaints about hidden defects must be reported in writing no later than eight (8) days after discovery.
7.3 Complaints do not suspend the Customer's payment obligations.
8. Warranty and liability
8.1 Only the manufacturer's warranty of the Products shall apply.
8.2 Kleinveld shall only be liable for direct damage, with a maximum equal to the invoice value of the relevant delivery.
8.3 Kleinveld shall not be liable for consequential damage, trading loss, loss of profit or fines.
8.4 Kleinveld's liability shall only arise in case of intent or gross negligence of its executive staff.
8.5 Rights of claim of the Customer shall expire no later than one (1) year after delivery.
9. Retention of title
9.1 All delivered Products shall remain the property of Kleinveld until the Customer has fulfilled its payment obligations in full.
9.2 Until ownership is transferred, the Customer may not pledge, resell or otherwise encumber the Products.
9.3 In case of non-performance by the Customer, Kleinveld shall be entitled to take back the Products.
10. Force majeure
10.1 In the event of force majeure (such as war, fire, epidemics, strikes, transport problems, government measures) Kleinveld shall be entitled to suspend the performance of the Agreement or to rescind it in full/partially, without being liable for compensation.
11. Confidentiality
11.1 The Customer undertakes to keep confidential information, quotations and price agreements of Kleinveld confidential.
12. Applicable law and disputes
12.1 All Agreements and these Conditions are governed exclusively by Dutch law.
12.2 Disputes will be submitted to the competent court in the district of Noord-Nederland, location Assen.