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- These General Terms and Conditions apply to all offers, quotations and agreements between the buyer and Vaessen B.V., referred to hereafter as ‘the seller’.
- Any terms and conditions to which the buyer refers shall be excluded, unless expressly agreed otherwise in writing, and then only to the extent to which these are not in conflict with these General Terms and Conditions of Sale.
- In the event of ambiguities regarding the interpretation of one or more provisions of these General Terms and Conditions of Sale, the interpretation must be ‘in the spirit’ of those provisions.
2. Conclusion of agreement
- All offers and quotations made by the seller shall be without commitment, unless expressly agreed otherwise in writing.
- The prices specified in a quotation or offer do not include VAT or any shipping or administration costs.
- If a quotation or an offer contains clearly recognizable errors or clerical mistakes, the seller shall not be obliged to proceed with the quotation or offer.
- Once a purchase agreement has been concluded, the agreement can only be amended or cancelled if and insofar as the seller agrees to this, in writing or otherwise. If the agreement is amended or cancelled with the seller’s approval, the buyer shall be obliged to reimburse the seller for all the associated costs.
3. Suspension, dissolution, and premature termination of the agreement
- The seller shall be entitled to suspend the fulfilment of its obligations or to dissolve the agreement if the buyer fails to fulfil its obligations under the agreement in full, on time or at all.
- In the event of the suspension or dissolution of the agreement, the seller shall in no way be obliged to pay compensation for losses or costs arising from this.
- In the event of the buyer’s going into liquidation, being made the subject of any judicial suspension of payments order or an application for such, or of a bankruptcy order, the seller shall be free to dissolve the agreement with immediate effect, without any obligation to pay compensation for any losses. All amounts receivable from the buyer shall be payable on demand.
- Dutch law shall apply to all agreements governed by these General Terms and Conditions of Sale.
- All disputes arising out of agreements concluded between the seller and the buyer to which these terms and conditions apply, shall be settled exclusively by the competent court in the court district in which the seller has its registered office in accordance with its articles of association, or its actual place of business.
4. Ordering and dispatch
- Where orders are placed via the seller’s website, www.vaessen-creative.com, the buyer shall receive an immediate confirmation of order.
- Where orders are placed other than through the website, the buyer shall receive a confirmation of order within two working days. On receiving the confirmation of order, the buyer shall check it and confirm that it is agreed. If the seller has not received any communication from the buyer 48 hours after sending the confirmation of order, the seller shall treat the order as having been agreed. The order shall then be processed.
- The minimum invoice value per order shall be EUR 75 excluding VAT. The only exception to this is the UK with a minimum invoice value per order of EUR 150 excluding VAT.
- Orders shall be delivered to the buyer carriage paid in the countries named below, subject to a certain minimum net invoice value.
The Netherlands, Belgium, Luxembourg, Germany, Austria: from EUR 150 excluding VAT.
United Kingdom, France, Spain, Denmark, and the Czech Republic: from EUR 250 excluding VAT.
Italy, Ireland: from EUR 350 excluding VAT.
Bulgaria, Finland, Hungary, Poland, Portugal, Romania, Slovenia, Slovakia, and Sweden from EUR 450 excluding VAT.
Lithuania from EUR 500 excluding VAT.
Latvia from EUR 750 excluding VAT.
For shipping costs for other countries the buyer should contact customer services.
- All claims must be received within 14 days of the invoice date, unless otherwise agreed. The notice of default must contain a description of the defect complained of, so that the seller is in a position to respond adequately.
- Orders received via the website shall be fulfilled within five working days.
- Once confirmed, orders cannot be changed or added to. This is not possible in the seller’s automated distribution centre.
- Where orders are placed through the website all items not supplied will be placed on the list of items ‘available again soon’ on the buyer’s personal page. The seller shall keep the buyer informed weekly on the availability of these products. If the products are in stock again, the buyer can place them in the basket and order them. Products on the ‘available again soon’ list or in the basket are NOT reserved for the buyer. An order is only complete once payment has been made.
5. Delivery and receipt
- Delivery shall be deemed to have taken place:
- Once the goods have been dispatched by a carrier engaged by the seller and the goods have been unloaded at the delivery address and/or a signature for receipt has been given.
- Once the goods have been transported by the seller itself and the goods have been unloaded at the delivery address and/or a signature for receipt has been given.
- Once the goods have been collected by or on behalf of the buyer and a signature for receipt has been given.
- If delivery cannot take place due to circumstances for which the seller is not liable, the seller shall inform the buyer within three days. This means that the seller shall not be in default.
6. Transfer of risk
The risk of loss of, damage to or diminution in value of the goods supplied shall pass to the buyer at the moment the buyer signs for receipt. As soon as the buyer has actual control of the goods, the buyer shall be obliged to insure the goods adequately.
7. Force majeure
- The seller shall not be obliged to fulfil any of its obligations if it is prevented from doing so due to circumstances for which it cannot be blamed and for which it is not liable pursuant to the law, any juristic act or generally accepted standards.
- In the event of force majeure affecting the seller, the execution of the agreement shall be suspended, without prejudice to the right of the parties to reach a satisfactory arrangement in mutual consultation with regard to the dissolution or partial execution of the agreement.
- All payments must be made before delivery unless otherwise agreed.
- If full payment of the amount owed is not received within the required term, the buyer shall automatically be in default. If the buyer exceeds a term of 45 days, interest shall be owed amounting to 1.5% per month, unless the statutory interest is higher, in which case the statutory interest shall apply.
- If the seller transfers the collection of its claim to third parties, the buyer shall be obliged to pay all extrajudicial and judicial costs, in addition to the amount owed plus interest. The extrajudicial costs shall amount to at least 13% of the amount to be claimed.
- A dispute concerning the amount of the invoice shall not suspend the buyer's obligation to pay.
- The seller has the right to apply the payments made by the buyer to reduce firstly costs, then accumulated interest, and finally the principal sum and current interest.
- The buyer undertakes to furnish security on the seller’s first request if the seller has good reason to presume that the buyer will not fulfil its payment obligations. Good reason shall be assumed in any case where invoices then due have not been paid or if information on the buyer's creditworthiness gives grounds for this.
- All sales prices are net prices and therefore exclusive of VAT.
- The seller is entitled to adjust the agreed price if and insofar as grounds for doing so arise after the seller has accepted the order in connection with taxes, shipping costs or levies payable by the seller or currency changes affecting the prices of materials and parts used by the seller. The buyer shall be entitled to dissolve the agreement if the price increase takes place within two months of the conclusion of the agreement.
- Unless they are due to its intentional action or gross negligence, the seller cannot be held liable for losses caused directly or indirectly by any unfitness of the goods supplied by the seller.
- The seller is only liable for direct losses.
- In no case shall the seller be liable for indirect losses such as those caused by a loss of turnover or goodwill, reduced trading losses, lost profits.
11. Retention of title
- All goods supplied by the seller pursuant to the agreement shall remain the property of the seller until the buyer has fulfilled all of its obligations under the agreement(s) entered into with the seller.
- The buyer shall be obliged when requested by the seller to show the goods and to return them if the buyer fails to fulfil its obligations, has applied for debt restructuring or has been declared bankrupt.
- If third parties levy attachment on goods delivered subject to retention of title or wish to establish or assert rights over them, the buyer shall be obliged to inform the seller of this immediately.
- The buyer must at all times do everything that may reasonably be expected of it to protect the seller’s property rights.
The website and its original content are the property of Vaessen B.V. and as such are fully protected by the relevant international copyright and other intellectual property law.