General Terms and Conditions
The general terms and conditions apply to all our products and services:
Article 1. Applicability
1.1 These General Conditions (hereinafter, Conditions) apply to all offers, orders and agreements of TD1813.nl (hereinafter, TD1813) in the case of exclusion by any other General Conditions.
1.2 The acceptance of an offer as well as the placing of an order implies that you accept the applicability of these Conditions.
1.3 The provisions stipulated in these Conditions can only be waived in writing, in which case the other provisions remain in full force.
1.4 All rights and claims as stipulated in these Conditions and in any further agreements on behalf of TD1813 are likewise stipulated on behalf of intermediaries and other third parties called in by TD1813.
Article 2. Offers/agreements
2.1 All offers of TD1813 are without obligation and T expressly reserves the right to change prices, especially when necessary under (legal) regulations. See also article 3.6.
2.2 An agreement only comes into effect after acceptance of your order by TD1813. TD1813 is entitled to refuse orders and to attach certain conditions to the delivery, unless expressly specified otherwise. In the case of an order not being accepted, TD1813 will notify of this within ten (10) working days after receiving the order.
Article 3. Prices and payment
3.1 The stated prices for offered products and services are in euros, inclusive VAT and exclusive handling and shipping costs, any taxes or other charges, unless otherwise stated or agreed upon in writing.
3.2 Payment can be made using the method, or one of the methods, indicated in the ordering process. Your order may be subject to further (payment/order) conditions. With payment by bank or giro, the date of payment applied is the date on which the giro or bank account of TD1813 is credited.
3.3 Exceeding the payment term, you are in default from the day the payment ought to have been made and from that day you owe a default interest of 1% of the outstanding amount per month or part of the month. In the event that payment takes place following a judicial demand, an administrative charge of three euros and fifty euro cents (€ 3.50) will be payable, and in the event that TD1813 outsources its claim for collection, you will also have to pay the collection costs, which are a minimum of fifteen per cent (15%) of the outstanding amount, without prejudice to the discretion of TD1813 to claim the actual extrajudicial collection costs instead.
3.4 In the event that you are default on any payment, TD1813 is entitled to suspend or dissolve (the implementation of) the agreement and related agreements.
3.5 If the prices of the offered products and services increase during the period between the order and its fulfilment, your are entitled to cancel the order or dissolve the agreement within ten (10) days of being notified by TD1813 of the price increase.
3.6 TD1813 is not responsible for any typing errors concerning prices.
Article 4. Delivery
4.1 The delivery times stated by TD1813 are indicative only. Exceedance of a delivery time does not entitle you to compensation, nor to the right to cancel the order or revoke the agreement, unless the delivery time has been exceeded to the extent that it is no longer reasonable for you to be expected to maintain the agreement. You are in that case entitled to cancel the order as well as to revoke the agreement to the extent that is necessary.
4.2 The delivery of products is carried out at the place and time at which the products are ready for shipping to you.
Article 5. Retention of title
5.1 The ownership of the delivered products is transferred only after the client has paid all amounts due to TD1813, in accordance with any agreements. The risks related to the products pass to you at the moment of delivery.
Article 6. Intellectual and industrial property rights
6.1 The client must respect completely and unconditionally the intellectual and industrial property rights attached to the products supplied by TD1813.
6.2 TD1813 does not guarantee that products supplied to you do not infringe on any (unwritten) intellectual and industrial rights of ownership of a third party.
Article 7. Complaints and liability
7.1 You are obliged to inspect the products on delivery to determine whether they comply with the agreement. If this is not the case, you must notify TD1813 as soon as possible and certainly within fourteen (14) workdays after delivery, or after detection could reasonably be expected, and provide a well-founded written notification.
7.2 If it is established that the products do not comply with the agreement, TD1813 has the choice of replacing the returned products with new products or refunding the invoiced amount.
7.3 If you do not wish not to take delivery of a product for whatever reason, you are entitled to return the product to TD1813 within fourteen (14) days of delivery. In this case, return shipments will only be accepted if they are returned undamaged and the plastic seal on the packaging has not been broken. The shipping costs must be paid in full by the client.
Article 8. Orders/communication
8.1 TD1813 is not liable for mistaken, corrupted, delayed or the improper transferral of orders and notifications as a consequence of the use of internet or any other form of communication between you and TD1813, or between TD1813 and third parties, to the extent they are related to the relationship between you and TD1813.
Article 9. Force majeure
9.1 Without prejudice to other rights to which they are entitled, in the case of force majeure, TD1813 has the right if they so desire to suspend the execution of the order or revoke the agreement without judicial intervention, by notifying you in writing and without TD1813 being liable for any compensation, unless this would be unacceptable according to the standards of reasonableness and fairness under the given circumstances.
9.2 Force majeure is understood to mean every shortcoming that cannot be attributed to TD1813, because no blame is attributable to them and they cannot be held responsible pursuant to the law, legal act or generally accepted practice.
Article 10. Diverse
10.1 If you provide TD1813 with an address in writing, TD1813 is entitled to send all orders to this address unless the client notifies TD1813 in writing of a different address to which the orders must be sent.
10.2 When TD1813 has allowed deviation from these Conditions, during any period of time, and whether tacitly or not, this deviation does not impede TD1813’s right to demand immediate and strict compliance with these Conditions. You can never claim any right from the fact that TD1813 eases one or more of these Conditions.
10.3 If one or more of the provisions in these Conditions or any other agreement with TD1813, should be in conflict with any applicable statutory regulations, the applicable provision will become ineffective and TD1813 will replace it by a new comparable provision that is acceptable by law.
10.4 TD1813 is entitled to use third parties in the carrying out of your order or orders.
Article 11. Applicable law and competent court
11.1 These Conditions and all rights, obligations, offers, orders and agreements to which these Conditions are applicable, are governed exclusively by Dutch law.
11.2 All disputes between parties will be referred exclusively to the competent court in the Netherlands.