Algemene voorwaarden

Groupe international B.V.

Article 1 Definitions

1.1 Buyer: the natural or legal person on whose behalf goods are delivered. In case of delivery of services also includes co Contractor and the Client under Seller under Buyer;

1.2 Seller: Groupe international BV, resides at 1076 DZ AMSTERDAM Afroditekade 143 The Netherlands , Chamber of Commerce number 34090491;

1.3 Agreement: the agreement between Seller and Buyer for the sale, delivery and payment of goods and all other legal acts, legal relationships and services between Seller and Buyer related to it;

1.4 Order: commissioned by Buyer to Seller for certain goods to him (go) supply;

1.5 Order Confirmation: acceptance by Seller of Buyer's order, Seller which indicates which goods delivered to Buyer shall (will) be;

1.6 Parties: Seller and Buyer together;

Article 2 General

2.1 These general conditions apply to all offers / bids from Seller and to all Agreements between Seller and Buyer;

2.2 By accepting an offer / quotation or by ordering, the Buyer agrees to these terms and conditions;

2.3 The time limits applicable to Seller are not fatal, unless the Parties expressly agree otherwise in writing;

2.5 These general conditions different terms are effective only if and to the extent that the Seller to Buyer expressly confirmed in writing;

2.6 Seller reserves the right at any time to fill the right to change its terms and conditions and / or;

2.7 Seller shall at all times be entitled to engage third parties in relation to the fulfillment of an agreement with the Buyer usage;

Article 3 Offers

3.1 All offers and other statements by Seller are not binding unless expressly agreed otherwise, and may at any time be changed or withdrawn without the Seller of any kind (loss) shall be charged to the Buyer by the Seller. Buyer is responsible for the accuracy and completeness of the by or on behalf of the Seller specified requirements and performance specifications and other data on which its tender Seller bases.

Article 4 Conclusion and amendment agreement

4.1 A contract is concluded at the time that the Buyer the Seller's quotation in writing only has approved.

4.2 If an agreement as circumscribed in 3.1 was omitted, the Agreement is deemed to have come once Seller with the implementation of the Agreement has begun and the start of implementation is the result of actions by or created on behalf of the Buyer which Seller may reasonably infer that the Purchaser agreed to the early implementation

4.3 If during the execution of the Agreement shows that it is necessary for the proper implementation to modify or adapt, then the Parties will proceed swiftly and by mutual agreement to amend the Agreement. If the nature, scope or content of the agreement, either on request or indication of Seller or any competent authorities, shall be amended and the Agreement would be qualitatively and / or quantitatively changed, this may have implications for what originally was agreed. This may initially agree amount be increased or decreased. Seller will do it as much as possible quotation. By amending the Agreement, the initial period of implementing change. Buyer accepts the possibility of amending the agreement, including the change in price and time of execution;

Article 5 Orders

5.1 Each Agreement concluded between the Seller and the Buyer is fully binding on both Parties, unless the Seller or the Buyer only by such Agreement, by registered mail, only within 7 days after the conclusion of the other party reports that he / she cancels the Agreement ;

5.2 The Order that Purchaser has given orally or in writing to the Seller shall only be confirmed in writing by Seller. In that case, the contents of the Agreement equal to the Confirmation of Seller.

5.3 If the Seller a written Order Confirmation will send to the Buyer, which differs in any part of the Order of the Buyer, the Buyer must let know in writing to reject, failing which Buyer shall be deemed the contents of this Order Confirmation within 5 working days of receipt of the Order Confirmation Seller is to have agreed to the contents of the order confirmation agreement;
5.4 If the Agreement consists of several parts, or of several sets, then canceled only to the relevant sections of the Convention;

Article 6 Conditions and Delivery

6.1 Delivery shall be deemed to have taken place:
A: if the goods are collected by or on behalf of Purchaser: at the moment of receipt of the goods by the Purchaser or third party acting on behalf of the Purchaser.

B: if the goods are carried by or on behalf of Seller: at the time of 1st offer or delivery of the goods at the home of or to the warehouse of the Purchaser or to another address specified by the Buyer;

6.2 The Buyer shall bear the risk of transporting the goods to be delivered, which Seller determines the choice of the means of transport;

6.3 The cost of transporting the goods in delivery shall be borne by the Buyer;

6.4 Notwithstanding the provisions of the preceding paragraph, Article 6.3, that when an order / delivery more than or equal to € 600,00 transport costs shall be borne by Seller;

6.5 Partial deliveries are possible if agreed in writing between the Parties;

6.6 The delivery dates quoted by Seller shall be regarded as deadlines;

6.7 In case of exceeding a delivery, the Seller any form of (damage) compensation payable to the Purchaser. Buyer has no right in this case to terminate the Agreement, unless the delay in delivery is such that the Buyer cannot reasonably be required to leave the state in that part of the Agreement and the Seller in writing, by registered letter, in default is made. Buyer must thereby be given a reasonable time to still give to the Convention implementation;

6.8 If the Seller would be liable for exceeding a period yet its liability is limited in accordance with the provisions of article 9.4;

Article 7 Prices and payment terms 

7.1 and offered by Seller and agreed prices are always excluding VAT and other taxes which are imposed by the government, unless otherwise stated;

7.2 Payment shall, without prejudice to the following paragraphs of this article, be made within the period specified in invoice and in the absence of such a period within 30 days after invoice date. Payment within 10 days after the date entitles 3% discount.

7.3 The Seller is free allowance for already completed parts of the Agreement and costs incurred interim invoice

7.4 If the Agreement consists of several components and / or partial deliveries Seller may postpone implementation, if one or more agreed payments have been made within the period specified in invoice is not fully covered by the Buyer (s);

7.5 If the Buyer fails to make timely payment Purchaser is legally in default, which implies that the Buyer from the time of payment of the invoice to the Seller an interest rate of 3% per month is payable;

7.6 If Buyer does not proceed to payment, the Seller is entitled to recover all Purchaser has incurred extrajudicial and judicial costs

7.7 Seller reserves the right at any time to change. The right prices and offers , For ongoing contracts the price agreed in writing by the Agreement

7.8 The deduction of a discount agreed between the parties is valid only if the Seller to the Buyer in writing only confirmed;

7.9 Agreed discounts shall not apply if:

  •  Purchaser fails to fulfill any obligation to Seller
  •  Buyer is declared bankrupt
  •  (provisional) suspension of payment by the Buyer is requested
  • Purchaser decides to liquidate
  • Seller has knowledge that circumstances to fear that Seller will not fulfill its obligations under the Agreement a good ground;

7.10 If circumstances arise, as specified in Article 7.9, is also entitled Seller the implementation of the Agreement (s) to suspend or terminate the Agreement with the Buyer in whole or in part;

7:11 All costs associated with collection of the invoice amount, including the full costs, collection costs and the cost of (legal) assistance in obtaining payment out of court shall be borne by the Buyer;

Article 8 Advertising

8.1 Purchaser is obliged examine the delivered goods immediately upon delivery, at least within the shortest possible time (do). It belongs to investigate whether the quality and quantity of the goods correspond with what was agreed, at least meets the requirements that apply in normal traffic (commercial). Copper

8.2 An appeal of the Buyer to the effect that the goods do not comply with the Agreement, cannot be invoked against the Seller if not after delivery to Seller is notified by the Seller. Within 7 days This communication by the Buyer shall be exclusively in writing and in any event within 48 hours - to be received by the Buyer - after discovery of any defects. Beyond this deadline (s) any claim to advertising. Void Complaints are accepted by Seller in any way on used goods;

8.3 Written notice by the Purchaser is a most accurate statement of the nature and grounds of advertising accompanied the invoice number and / or the relevant article number (s) and / or a description of the faulty items;

8.4 Return of goods delivered to the Seller only free pass, at the risk of the Buyer, after approval in writing by the Contractor, only in original packaging;

8.5 If the Buyer to the Seller makes express complaints about the goods, you should prepare to inspect the goods and / or investigate. Buyer Seller expeditiously the opportunity Seller will possibly further research on the least burdensome method which provide the opportunity Buyer Seller must provide, if necessary, by delivery of the goods. All reasonable, actual costs of the research necessary to account Copper, in case the complaints prove to be unfounded;

8.6 The Purchaser has no right to complain against goods by the Seller no control over the relevant advertising place;

8.7 Minor deviations in the delivered goods, both in size, color, shape and packaging, cannot be a reason for the Buyer to cancel an order and not to accept or to refuse all or part payment of Seller / or goods to claim damages. The same applies in respect of modifications by the supplier / manufacturer who engages his services Seller, provided that the changes do not materially affect the services;

8.8 Purchaser shall remain liable to pay for and accept orders made to proceed, even in the case Buyer complaint in time. Complaints of Copper suspend the payment of the Buyer;

8.9 Complaints also submitted on time will not be taken if it appears that others have something changed or repaired to the goods supplied by the Buyer in treatment;

Article 9 Force Majeure

9.1 If the Seller and / or Purchaser due to force majeure, as defined in Article 9.2 and 9.3, do not meet their obligations, which require vane suspended for the duration of the force majeure. If the force majeure lasts longer than 30 days, both sides have the right to terminate, without the obligation to pay any kind of (damage). The Agreement in whole or in part Already owed amounts remain payable

9.2 Force majeure means any circumstances beyond the power of the parties and / or unforeseen circumstances, the results of which compliance with the agreement cannot reasonably be required. Within the context mentioned above, the following events can be also considered as force majeure: all faults, temporarily or not, in the building of one of the Parties, or conditions that prevent normal execution of the Agreement, including but are not limited , strikes, riots, employees exclusions, intervention by a higher power, terrorist activities, war and / or siege, fire, natural disasters, epidemics, extremely long periods of frost, extreme weather and similar conditions;

9.3 In particular, among other things as force majeure, if a thing is not already included in the provisions of Article 9.1, war, threat of war, civil war, disease, natural disasters, acts relating to import quotas, acts concerning with the supply of necessary parts, components, materials and / or semi-finished products, transportation difficulties, files including, strikes or labor disturbances, loss of services by utilities, fire and other serious disruptions in the operations of the Seller or that of the suppliers of Seller. Force majeure explicitly includes the inability of the Seller to deliver due to the failure of a supplier of Seller;

9.4 Return of goods delivered to the seller only after written approval
by seller and for the risk of the buyer. Buyer must first this writing only at seller to request.

9.5 Returns made only by using a by seller to buyer
return form and sent in original packaging. Other forms of returns without adoption and use of the returns of the seller are not to be accepted by seller;

Article 10 Liability and Indemnification

10.1 The Purchaser declares that all information provided to the Seller to execute a command are correct. Seller reserves the right to change the information remains, actually possible to check;

10.2 Returns on charges of Seller are allowed without the express written consent of Seller. In all other cases, the Seller is entitled to refuse or at the expense of the Buyer to the Buyer to send back. Return If it appears that the return is done without good reason, all costs incurred by Seller in connection with the return shipping paid by Buyer;

10.3 Seller shall not be liable for indirect damage, including consequential, lost profits, lost savings and damage due to business interruption;

10.4 Seller shall at all times have the right, if and to the extent possible, to make best efforts to cooperate with Buyer must provide its undo the damage of the Buyer;

10.5 Buyer shall indemnify the Seller against claims of third parties arising directly or indirectly with implementation of the Agreement;

10.6 The obligation set out in this Article liability limitations are also stipulated for the engaged by the Seller for the implementation of the Third parties who may therefore a direct appeal can do this limitation of liability;

10.7 The limitations of liability in these conditions for direct and / or indirect damages do not apply if the damage is due to intent or gross negligence of the Seller or its employees;

10.8 In the event of partial deliveries and partial invoices, it must be based on the partial invoice relating to the supply of which the liability arises in the calculation of the maximum height of the amount of the liability of the Seller;

Article 11 Intellectual Property Rights

11.1 All goods supplied by the Seller shall remain the property of the Seller until the Buyer to make payment (s) has met in accordance with the Convention against Seller;

11.2 If the Purchaser fails to fulfill its obligation (s) against the Contractor, the Seller shall be entitled to immediately take the goods whose ownership is reserved, back;

11.3 The costs associated with the reversal Purchaser will be charged. The Buyer will be credited on the basis of the value that the goods on return to have. Taking back the goods suspend the other (payment) obligations of the Buyer to the Seller in accordance with the Agreement, not on;

11.4 Buyer shall indemnify the Seller against any action by third parties based on infringement of intellectual property rights, in respect of commissioned by Purchaser in its implementation;

11.5 Unless otherwise agreed, the Purchaser is not permitted to (rights) transfer to third parties, encumber, give or otherwise make available to third parties on loan the goods delivered by the Seller;

Article 12 Other provisions

12.1 Rights and obligations, as defined in the general conditions, are solely for Buyer and may not be transferred to third parties;

12.2 If any provision of these terms and conditions is found to be invalid by a judgment of a court does not affect the validity of the entire agreement;

12.3 Statements by the court, at a given point from the general conditions give no right to these statements also apply to the following violation of the same item or another item from the general conditions;

Article 13 Settlement of disputes and applicable law

13.1 All Agreements concluded between the parties is governed exclusively by Dutch law;

13.2 All disputes relating to the contract between Buyer and Supplier, unless parties have explicitly agreed otherwise in writing, submitted to the competent court in Amsterdam;