Download general terms and conditions

General Terms and Conditions
Wickerhoff Beheer B.V. acting as
Pottery manufacturer ’t Delftsche Huys.
 
Article 1: application
 
a. These general terms and conditions, hereafter to be called Terms, are applicable to all offers, agreements and deliveries between the private company Wickerhoff Beheer B.V., with registered offices in Waddinxveen, hereafter to  be called ’t Delftsche Huys, and purchaser, unless expressly stipulated otherwise by both parties.
b. By ‘purchaser’  in these Terms is meant every person or legal entity to whom ’t Delftsche Huys has quoted anything, that has ordered any service or product from ’t Delftsche Huys or has any other type of agreement with ’t Delftsche Huys.
c. The purchaser referring to his own terms, regardless of where these are mentioned, is not accepted, unless ’t Delftsche Huys has expressly agreed to the application of the purchaser’s terms in writing.
d. When accepting quotes, giving assignments or placing orders, the purchaser acknowledges the application of the Terms.
 
Article 2: quotes
 
a. Unless expressly stated otherwise together with quotes, all quotes made by ’t Delftsche Huys are non-committal and only valid for a period of 30 days after the quotation date, unless expressly stated otherwise.
b. Orders, agreements and assignments are only binding to ’t Delftsche Huys after they have been confirmed in writing by a person authorised to do so.
c. ’t Delftsche Huys exercises the utmost care when giving advice, making calculations and/or designs and other services. ’t Delftsche Huys cannot be held responsible in any way for the application of its advice, calculations and/or designs.
d. When accepting an agreement ’t Delftsche Huys is allowed to require an advance of at most 50 % or a guarantee for the payment of the agreement. Refusal on part of the purchaser to make the payment or provide the required guarantee gives ’t Delftsche Huys the right to refuse the assignment.
e. All quoted prices are valid for delivery ex warehouse unless otherwise agreed to in writing. Price quotes exclude VAT and other taxes. Additional costs such as packaging etc. are charged to the purchaser by ’t Delftsche Huys.
f. Price changes caused by unforeseen circumstances or costs rising after the agreement has been accepted, but before delivery has taken place, can be passed on to the purchaser by ’t Delftsche Huys with due consideration of statutory provisions. Such price increases are not grounds for dissolving the agreement with ’t Delftsche Huys.
 
Article 3: levering/delivery periods
 
a. Delivery periods as stated by ‘t Delftsche Huys are not to  be regarded as deadlines unless expressly agreed to otherwise in writing. In case of late delivery the purchaser must inform ’t Delftsche Huys of the default by registered mail, stating a reasonable term within which ’t Delftsche Huys can still comply with the agreement.
b. As soon as products are standing ready for delivery at ’t Delftsche Huys, or the activities which have been agreed on have been completed, the products are regarded as delivered and the services as offered.
c. The purchaser is obliged to accept delivery at an earlier time than stated by ’t Delftsche Huys. ’t Delftsche Huys can deliver and invoice sold products in instalments.
 
Article 4: Remote consumer sales
 
In so far as it is not against the provisions in art. 7:46 a of the Civil Code and the provisions in this paragraph, all conditions in these Terms are applicable to sales agreements between ’t Delftsche Huys and a consumer which have been arranged via the website of ’t Delftsche Huys. In addition, the following provisions are applicable:
 
a. ’t Delftsche Huys delivers the purchased goods within a maximum of 30 days after the order was placed and paid by the consumer.
b. If  ’t Delftsche Huys does not comply with timely delivery the consumer has the right to dissolve the sales agreement and ’t Delftsche Huys will immediately return the purchasing price without reduction.
c. The consumer has the right to dissolve the agreement within 7 working days after receipt of the purchased goods by way of a written statement, without being obliged to pay damages to ’t Delftsche Huys.
d. When dissolving the agreement the consumer must return the purchased goods at his own expense to ’t Delftsche Huys within 30 days, after which ‘t Delftsche Huys returns the purchasing price within 30 days to the consumer.
e. If the abovementioned period of return is not complied with, the stated dissolution is regarded as rescinded.
f. The consumer can direct any complaints about the purchased goods to ’t Delftsche Huys, Henegouwerweg 26, 2741KS Waddinxveen, the Netherlands.
 
Article 5: force majeure
 
a. Force majeure is any circumstance that prevents compliance with an agreement for which ’t Delftsche Huys cannot be held accountable. These include, but are not limited to: strikes, a general lack of materials, unforeseeable stagnations at suppliers, government measures, public interruptions in electricity supply, storm- and fire damage, general traffic interruptions etc.
b. ’t Delftsche Huys can also claim force majeure if the circumstance that prevents (further) compliance is taking place after ’t Delftsche Huys should have complied with the agreement.
c. During the force majeure event, all obligations of ’t Delftsche Huys will be suspended without legal intervention. If the aforementioned period takes longer than 3 months both parties can, in compliance with article 5, dissolve the agreement without becoming liable for damages.
d. If ’t Delftsche Huys already has complied partly to its obligations than this performance can be invoiced separately, or ’t Delftsche Huys can deliver and invoice already present goods in so far as the deliverable part has no independent value.
 
Article 6: risk and transfer of property
 
a. The purchaser carries all risks for any damage to the delivered goods and/or services from the moment of delivery or from the moment transportation has started. The purchaser is obliged to adequately insure himself against this risk.
b. The purchaser is obliged, from the moment of full payment, to insure the delivered goods at his own expense against the usual risks and with the usual conditions.
c. On request of the purchaser ’t Delftsche Huys can take over the risk of breakage during transportation against payment of a premium of 1,5 % of the net purchasing value, but only if ’t Delftsche Huys has packaged these goods itself and transportation is not handled by or on behalf of the purchaser.
d. The delivered goods remain property of ‘t Delftsche Huys until the moment all services, delivered goods, and all to be delivered services and goods under the agreement have been paid in full, including any interest and/or additional costs.
e. ’t Delftsche Huys can, in case of failure to pay on time, moratorium, suspension of payment or the decease of the purchaser (person) dissolve the agreement without default or legal intervention and take back delivered and unpaid goods without becoming liable for the payment of any damages. In this case, the purchaser will allow ’t Delftsche Huys unconditional access to the delivered goods.
f. As long as purchaser is not the owner of delivered goods, these cannot be pawned or any rights to them be transferred to a third party. Sale to a third party by the purchaser in the course of normal business is allowed.
 
Article 7: complaints
 
a. Complaints have to be received by ’t Delftsche Huys in writing within 7 days after delivery of the goods or services or the receipt of invoices, with an accurate description of the nature of and grounds for the complaint.
b. For complaints about defects which were not visible at the time of delivery, there is a maximum period of 3 months, whereas the complaint should still be registered at ’t Delftsche Huys within 7 days after discovery of the defect.
c. After the aforementioned periods have passed, the purchaser has accepted the delivered goods or services or the received invoices. Complaints after these periods are not accepted by ’t Delftsche Huys.
d. If ’t Delftsche Huys finds a complaint to be justified, the defect goods can be replaced. The purchaser has no additional right to compensation unless there is obvious intent or fault on the side of ’t Delftsche Huys.
e. If ’t Delftsche Huys replaces goods on grounds of art.7d, the replaced goods become property of  ’t Delftsche Huys without the purchaser having any right to compensation. If the purchaser has already used the goods a reasonable compensation can be charged.
 
Article 8: liability
a. ’t Delftsche Huys cannot be held responsible for direct or indirect damages to persons, goods or the purchaser’s company caused by defects in delivered goods and/or services, unless these are the result of intent or gross negligence by ’t Delftsche Huys, its personnel or third parties working for ’t Delftsche Huys.
b.’t Delftsche Huys’ liability is limited to the amount the insurance is paying in so far as the liability is covered by any insurance. If no damages are paid by the insurance company or if the insurance does not cover the damage, ’t Delftsche Huys’ liability is limited to the value of the relevant goods or services. 
c. ’t Delftsche Huys is not liable for damages caused by violating the intellectual property of a third party caused by the storage, trade and other handling of the delivered goods.
 
Article 9: payment
 
a. Unless otherwise agreed all deliveries are paid cash or by letter of credit. If parties have not agreed to cash payment, the payment term is 8 days after invoicing. All payment terms are deadlines. Payment always occurs without discounts or settlements. Payments have to be made at the offices of  ’t Delftsche Huys.
b. Payments made by the purchaser will first be used to cover all due interest and costs and then for the payment of the invoices which are due longest, even if the purchaser is indicating that the payment is for a more recent invoice.
c. The purchaser owes an interest of 1% per month from the moment of default, or the legal trade interest if this is higher (art. 6:119a Civil Code).
d. If the purchaser is in default against ’t Delftsche Huys, all reasonable costs to obtain payment will be added to the invoice. Reasonable costs are determined according to Recommendation 2 of the Preparation Committee II.
e. If ‘t Delftsche Huys takes legal measures in order to obtain payment, all costs incurred are for account of the purchaser, even if the court does not or not fully assign the costs to ’t Delftsche Huys.
f. In case of inability to pay, bankruptcy, moratorium, the application of statutory debt, strikes or transfer of the company by the purchaser all claims by ’t Delftsche Huys become due immediately. ’t Delftsche Huys also has the right at this point to dissolve all other agreements with the purchaser  or to require adequate guarantee for the payment, without ’t Delftsche Huys becoming liable for damages towards the purchaser.
 
Article 10: intellectual property
 
a. All designs made by ’t Delftsche Huys and all produced models, paintings and designs are property of ’t Delftsche Huys and cannot be reproduced by the purchaser unless ’t Delftsche Huys has given express permission in writing.
b. The purchaser guarantees that the intellectual property rights of third parties will be respected if the purchaser provides goods or models to ’t Delftsche Huys for production . If ’t Delftsche Huys is addressed in court because of violating third parties’ rights, the purchaser is safeguarding ’t Delftsche Huys for all resulting damages and costs, including those costs for legal advice which ’t Delftsche Huys deems necessary.
c. Tools which ’t Delftsche Huys needs for particular products and buys at the purchaser’s expense such as special moulds, stamps, models and tools remain property of ’t Delftsche Huys.
 
Article 11: applicable law and disputes
a. Dutch law is applicable to all agreements.
b. To the extent permitted by law, all disputes will be brought before the Court of Justice in Rotterdam.
 
Delivery terms
 
Delivery
Your order is delivered to the address you have provided to ’t Delftsche Huys. We take care of the packaging. Shipping usually goes via TNT Post, JBM Transport or Zaal Transport.
 
If your order is in stock we try to deliver 1 week after the order. If your order is out of stock, a delivery time of 4 weeks needs to be taken into account.
 
If this is the case, you can opt for delivery in instalments, if this is possible. This means that the goods which are in stock are sent earlier.  We do have to charge transportation costs for each separate delivery, however.
 
Prices
All our prices include 19 % VAT and are in Euro’s. Shipping costs are calculated based on the weight and destination of the shipment.
 
Risk and damages
If you receive a damaged article you can send us a picture of the damaged article within 8 days and it will be determined whether we can provide a free replacement.
 
Privacy
’t Delftsche Huys processes your personal information strictly confidentially, in compliance with the laws for processing of personal data. Your personal data are never transferred to third parties without your permission.