General terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF HENDRIKS DECO B.V.
1. General
1.1 These general terms and conditions of sale and delivery apply to all proposals made, agreements entered into with, and products delivered and services provided by the private limited company Hendriks Deco B.V., hereinafter to be referred to as: “Hendriks Deco”.
1.2 Any purchasing and/or other general conditions as used by the purchaser do not apply. The provisions set out in these general terms and conditions can only be derogated from by Hendriks Deco expressly and in writing, or with the written consent of Hendriks Deco. Derogating provisions shall exclusively apply to the agreement for which the derogative clauses were devised. Otherwise the following terms and conditions shall remain in full force.
1.3 All proposals made by Hendriks Deco are offered without obligation, unless stipulated otherwise in writing. All agreements between Hendriks Deco and the purchaser shall only be binding and shall only take effect if they have been accepted by Hendriks Deco.
1.4 Changes to an agreement that already took effect can only be made as soon as and insofar as Hendriks Deco has confirmed these in writing.
2. Prices
2.1 Price quotations made by Hendriks Deco as well as prices agreed with Hendriks Deco are exclusive of VAT and they are based on the cost price factors at the time the agreement was entered into. Unless agreed otherwise all price quotations are made subject to price changes.
2.2 Should there be a price increase where one or more of the cost price factors are concerned, e.g. as a result of increased rights and/or taxes, factory prices, currency changes and so on, Hendriks Deco will have the right to pass on the increase to the purchaser and to increase the order price accordingly.
3. Delivery
3.1 The delivery times stated are merely an indication and can never be considered as a firm time, unless it was expressly agreed otherwise. A delivery time will only start from the moment on which the last condition as set out in the order confirmation has been fulfilled.
3.2 Exceeding the delivery terms, whatever the cause may be, does not entitle the purchaser to any damages nor may the purchaser terminate the agreement nor does it give the purchaser the right to not comply with any of its obligations under the agreement on hand or any other agreement between parties.
3.3. Unless expressly agreed otherwise the delivery will always be EX FACTORY. Therefore, the items sold, as soon as they have left the factory of Hendriks Deco, are at the risk and expense of the purchaser, irrespective of who has arranged for the transportation and the means of transport and the itinerary chosen.
3.4 If the purchaser remains in default, for whatever reason, to take delivery of the items and these are ready for dispatch, Hendriks Deco will have the right, at its own discretion, to either dissolve the agreement entirely or in part or to deliver the goods at the risk and the expense of the purchaser, or to store or have stored the goods at the risk and the expense of the purchaser either entirely or in part and to pass on the resulting costs to the purchaser or to claim damages. If the goods are stored, either entirely or in part, at the risk and the expense of the purchaser, Hendriks Deco, three weeks after the goods were stored, will still have the right to dissolve the agreement either entirely or in part, or to claim damages.
4. Complaints
4.1 Complaints are defined as any grievances and complaints the purchaser may have as to the amount, the quality, damage to and/or the packaging of the items purchased.
4.2. Hendriks Deco shall only accept and handle complaints if these have been filed in writing and provided with pictures within fourteen days after the delivery or making available of the items to the purchaser.
4.3 If Hendriks Deco considers the complaints filed in compliance with the provision made in 4.2, Hendriks Deco will have a choice of either substituting the faulty items at its expense, or to credit the purchaser for an amount that equals the price the purchaser paid for the items on hand. In either case the purchaser must, however, return the faulty items to Hendriks Deco, only after Hendriks Deco’s prior consent. Hendriks Deco does not have to pay any additional damages other than the provisions made in this article.
4.4 Exceeding the terms stipulated in articles 4.2 will result in the lapse of the right to complain.
4.5 No complaint shall ever entitle the purchaser to suspend payment of the purchase price or additional costs either entirely or in part, while any reference to a discount and/or compensation is expressly excluded. If and insofar as the purchaser has a valid complaint on which it can base a claim for reimbursement of the purchase price, said claim on Hendriks Deco can never be settled with a debt owed to Hendriks Deco based on transactions that the claim does not pertain to.
5. Force majeure
5.1 Force majeure is defined as any no attributable failure, including any event as a result of which compliance with the agreement by Hendriks Deco becomes so awkward or costly, relative to its prospects at the time the agreement was first entered into, that such compliance in all fairness can no longer be demanded.
5.2 Force majeure on the part of Hendriks Deco at least pertains to yet is not limited to the event that Hendriks Deco, after entering into the agreement, is prevented from complying with the obligations under said agreement or the preparations thereof in the event of war, war risk, fire, water damages, floods, frost, a strike, a plant occupation, road blocks, vehicle defects, impediments for import and export, defects to machines, impaired power supply, production difficulties or stagnation either at Hendriks Deco or at a company from which Hendriks Deco purchases the raw materials and auxiliary materials, veterinary contaminations and/or epidemics and also all other causes that arise beyond the culpability or risk of Hendriks Deco. Hendriks Deco will notify the purchaser of such an event of force majeure in writing.
5.3 In the event of force majeure Hendriks Deco has the right to terminate the agreement. If so desired, Hendriks Deco has the right to suspend the fulfilment of the agreement rather than dissolve it, until the circumstances causing the force majeure have come to an end.
5.4 Hendriks Deco shall not be liable for any damages that result from the dissolution or suspension due to force majeure, including any loss of profit.
6. Retention of title
6.1 All items delivered by Hendriks Deco will remain property of Hendriks Deco until the amounts due for the items delivered or yet to be delivered under the relevant agreement and/or for the work performed or to be performed for the benefit of the purchaser under the relevant agreement and/or arising from claims as a result of a failure on the part of the purchaser to perform, have been settled by the purchaser in full.
6.2 As long as the purchaser has not acquired title of the items purchased, it may in no way dispose of the items, pledge rights as to the items or encumber them in any other way than in the normal course of its business. If the purchaser, in the normal course of its business, will proceed with the selling and/or delivering of said items, Hendriks Deco, as long as the purchaser has not fulfilled all its payment obligations towards Hendriks Deco, under whatever title, has the right to claim that any proceeds from such sales by the purchaser to its customers shall be transferred to Hendriks Deco.
6.3 If the purchaser fails to meet its payment obligations , Hendriks Deco has the right to claim the items delivered as its property both from the purchaser and from any third party after reselling, without prejudice to its entitlement to compensation in view of damages suffered.
6.4 If the purchaser processes items delivered that are not yet paid for and/or has them processed at its own expense, Hendriks Deco will still remain the owner of the processed items, even if after the processing the nature of the product has changed.
7. Payment
7.1 The purchaser is obliged to pay the purchase price at the agreed time.
7.2 Hendriks Deco shall at all times have the right to suspend fulfilment of its obligations until such time that the purchaser at the request and to the satisfaction of Hendriks Deco has provided security regarding the fulfilment of all its obligations under the relevant agreement. If the purchaser fails to provide such security or only does so in part or does not provide it in a timely fashion, this shall be considered as an attributable failure in the performance of the agreement with Hendriks Deco.
7.3 The purchaser does not have the right to suspend payment, for whatever reason. Settlement or setting off debts is also not allowed.
7.4 If the purchaser does not fulfil its payment obligations in time it will be in default de jure. In such an event Hendriks Deco has the right to charge statutory default interest as of the date the purchaser is in default, which equals the statutory interest Furthermore, in case of overdue payment, Hendriks Deco has the right to pass on all justifiable costs of measures taken by Hendriks Deco, both legal and non-legal, (at its own discretion) to make the purchaser pay the amounts due.
8. Exigibility and dissolution
8.1 Without prejudice to the provisions as set out elsewhere in these terms and conditions, the claims Hendriks Deco has on the purchaser are claimable on demand as soon as the purchaser has been declared bankrupt, has applied for a moratorium on payments, or as soon as its property has been attached and/or the purchaser loses the free management and free disposal of its property either entirely or in part. Furthermore, Hendriks Deco in such circumstances has the right to dissolve the agreement. Upon dissolution of the agreement the purchaser shall be liable for damages suffered by Hendriks Deco, including any damages resulting from loss of profit or costs of transportation.
8.2 Any dissolution, whatever the reason, will thus always result in the amounts due being claimable by Hendriks Deco.
9. Liability
9.1 With the exception of gross negligence, Hendriks Deco can never be held liable for any damages, direct or indirect, to individuals, goods or companies of the purchaser and/or any third parties.
9.2 If Hendriks Deco is held liable, such liability shall be limited to the amount covered by the insurance as taken out by Hendriks Deco for such an event. If said insurance, for whatever reason, will not pay or if the damages in a particular event are not covered by said insurance, Hendriks Deco’s liability shall be limited to the amount equal to the invoiced amount of the goods and/or services delivered by Hendriks Deco to which the liability pertains.
9.3 Damages in the form of lost profits or other consequential damages shall in no event be eligible for compensation.
10. Applicable law and jurisdiction
10.1 The proposals made by and agreements between Hendriks Deco and the purchaser to which the present general terms and conditions apply either in part or in full, are subject to the law of the Netherlands.
10.2 Any disputes arising from this agreement shall be exclusively submitted to the competent Dutch court of the statutory seat of Hendriks Deco (in the Netherlands).
11. Minimum order amount, shipping & payment method
Free shipping for orders over:
€600,- : Netherlands, Belgium, Ruhr (Germany)
€800,- : Germany, Northern France, Luxembourg
€1000,-: Austria, Poland, Southern France
€1200,-: Switzerland, Spain, Portugal, Italy, England, Hungary, Slovenia, Czech Republic, Ireland
€1300,-: Croatia, England
Other countries on demand
Netherlands, Belgium, Ruhr (Germany):
€300 - €400 €45,- shipment costs
€400 - €500 €35,- shipment costs
€500 - €600 €25,- shipment costs
Northern France + Luxembourg
Postal codes: 02 08 10 51 52 54 55 57 59 60 62 67 68 75 77 78 80 88 91 92 93 94 95
€500 - €600 €60,- shipment costs
€600 - €700 €45,- shipment costs
€700 - €800 €30,- shipment costs
Central France and Southern France
€500 - €600 €90,- shipment costs
€600 - €700 €75,- shipment costs
€700 - €800 €60,- shipment costs
€800 - €900 €45,- shipment costs
€900 - €1000 €30,- shipment costs
Southern Germany:
€400 - €500 €55,- shipment costs
€500 - €600 €45,- shipment costs
€600 - €700 €35,- shipment costs
€700 - €800 €25,- shipment costs
Poland, Austria:
€550 - €700 €75,- shipment costs
€700 - €850 €55,- shipment costs
€850 - €1000 €35,- shipment costs
Switzerland, Spain, Portugal, Italy, Hungary, Slovenia, Czech Republic, Ireland and Denmark
€600 - €800 €75,- shipment costs
€800 - €1000 €55,- shipment costs
€1000-€1200 €35,- shipment costs
Engeland
€800 - €1300 €65,- shipment costs
12. Delivery times
If all the ordered items are on stock, the average delivery times are between 5 and 10 days *. This may vary due to seasonal pressure or other conditions.
During holidays we have customized delivery times!
13. Prices
Standard prices on our webshop. Any discounts will be processed later.
14. Webshop
At our shop, products that are currently in stock can be found.
15. Questions?
Please contact us: +31 (0)46 474 2323 or info@hendriksdeco.com