Terms and conditions
General terms and conditions of sale and delivery of Quality Colors B.V. located in Rijnsburg
(Registered with the Chamber of Commerce in Leiden under number 28101516)
General
These general terms and conditions of sale apply to all our offers and to all agreements entered into with third parties.
Offers
All our offers are without obligation, but we reserve the right to revoke previous offers within 3 working days of receiving acceptance.
Prices
The specified prices apply unless stated otherwise, excluding VAT and shipping costs. Agreed prices are based on cost factors as they apply at the time of concluding the agreement. We reserve the right to charge the buyer a proportional price increase with a delay of 3 months in case of price increases by our suppliers and other changes in price-determining factors.
Shipping, storage, and transportation
Shipping, storage, and transportation, including for free deliveries, are always at the buyer’s risk.
The choice of shipping, storage, transportation, and packaging is at our discretion.
Delivery
The rights from the seller’s order towards its suppliers, which naturally precede the delivery to the buyer, are transferable to third parties. The buyer can object in writing to a transfer to a third party and has the right to demand termination of the contract solely on this ground.
The third party who may have acquired the rights from the seller’s order can then, instead of the original seller, deliver the goods to the buyer as usual.
Partial deliveries are possible. The delivery period is 30 days, unless expressly agreed otherwise in the contract. If the delivery period of the goods is exceeded, this only leads to default if delivery has not yet taken place after the expiry of a further 30-day delivery period. This period starts on the day of receipt of a registered reminder letter from the buyer.
If delivery still does not take place after formal notice, the buyer is entitled to cancel the contract in writing. Failure to deliver can never entitle the buyer, even after formal notice, to claim damages exceeding the invoice amount or the maximum payout under our company liability insurance.
Force majeure
In the event of force majeure delaying or preventing the execution of the agreement, we are authorized to cancel the agreement without this entitling the buyer to any compensation.
Force majeure also includes the non-receipt or untimely receipt of goods necessary for the performance of our obligations from our suppliers, strikes, and obstructive government measures.
Liability and complaints
Complaints regarding deliveries must be made to us in writing within eight days after the goods have reached the buyer.
If a timely complaint has been made and the delivered goods do not conform to the agreement, we will, at our discretion and upon return of the delivered goods, either provide free re-delivery or credit the returned goods. Any resulting damages will only be compensated up to a maximum of the invoice amount or the maximum payout under our company liability insurance.
Payment
Unless otherwise stated on the invoice, payment must be made within thirty days of the invoice date. Any cash payment discount indicated may be deducted if payment is made within the specified period, except when one or more other invoices have not been settled yet. In case of exceeding the payment term, interest is due at the statutory rate on the invoice date, increased by a risk surcharge of 4% per annum, for each month or part thereof that is paid late. Complaints do not suspend the payment obligation. Offset is never allowed.
The extrajudicial collection costs are in accordance with the rates used by the Bar Association and become due without further notice as soon as we have handed over the claim to third parties for collection.
Security
In the event of non-payment of a payable amount, cessation of payments, or if reasonable doubt arises after the conclusion of the agreement regarding the correct performance by the buyer of their obligations, the buyer is obliged, upon first request, to pay in advance or provide security. Failure to comply with this obligation will be considered a breach of contract and gives us the right to dissolve the agreement, in whole or in part, without further notice or judicial intervention, whereby we may claim damages of at least the amount owed to us by the buyer under the agreement.
All delivered and yet to be delivered goods remain our exclusive property until all claims that we have or will have against the buyer, for whatever reason, have been fully paid. Before that time, the buyer is therefore not allowed to resell, encumber, process, or otherwise dispose of the purchased goods without our prior written consent. In the event of the buyer’s failure to fulfill any obligation towards us under the agreement, we are entitled, without any notice of default being required, to retake the goods, in which case the agreement is also dissolved without judicial intervention, without prejudice to our right to damages.
Disputes
Dutch law applies to all our agreements.
All disputes arising from offers and deliveries, as well as from agreements for the execution of work or for purchase and sale, shall, if the buyer does not respond within one month to the proposal to submit them to the judgment of a civil court, be referred to the court competent under the law in the place of business of the client or seller.
Additional Terms Quality Colors B.V. Webshop
The prices in our webshop are exclusive of VAT and transport costs. We have a minimum order amount of €100 ex works in the Netherlands. For orders outside the Netherlands, the minimum order amount is €250 ex works.
Transport costs will be calculated separately and determined after the webshop order has been received by us. (The transport costs we apply are fixed rates charged by the carrier / parcel service for shipping the order. (If you prefer to pick up your order, this is also possible))
All orders must be paid in advance (You will receive a proforma invoice from us after placing an order including transport costs).
Once we have received payment for the pro forma invoice, we will proceed with the production of the order and inform you when it is ready for shipment.