General terms and conditions of Herens & Herens V.O.F.
Article 1 – General In these terms and conditions the following definitions apply: These general terms and conditions apply to all offers and to all purchase and sale agreements of Herens & Herens V.O.F. in Schoonhoven. Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by Herens & Herens.
Article 2 – Offers All offers, including in the webshop, in catalogs and other printed matter are without obligation, especially with regard to prices, terms, sizes, dimensions and images. Upon acceptance of a non-binding offer by the other party, Herens & Herens reserves the right to revoke or deviate from that offer after receipt. Herens & Herens cannot be held to its offer if the other party should have understood that the offer, or a part thereof, contained an obvious mistake or error. Oral promises only bind Herens & Herens after they have been expressly confirmed in writing. Additions, changes and/or further agreements are only effective if agreed in writing.
Article 3 - Agreement The agreements between Herens & Herens and the other party are not concluded until after written confirmation. Herens & Herens reserves the right not to accept orders or assignments without stating reasons.
Article 4 - Delivery and risk Herens & Herens reserves the right to deliver orders cash on delivery without prior notification to the other party. The other party is obliged to accept the goods. The other party is not authorized to refuse partial delivery. All deliveries are made under the resolutive condition that the other party pays Herens & Herens the invoice price owed in full within the specified payment term. Herens & Herens is not liable for deviations from the specified delivery times, for whatever reason, and the other party is also obliged to accept the purchased goods in the event of a deviation from the delivery times. The risk for goods to be delivered is transferred to the other party upon delivery. If the other party invokes dissolution of the agreement or returns items, the items remain at the risk of the other party. In the case of visible shipments, the other party must confirm or return the purchase within 10 days. If the other party has not returned the item within 10 days of receipt, it is no longer authorized to refuse the item. During the trial period, the item remains at the risk of the other party.
Article 5 - Prices The invoice price is composed as follows: the agreed cost price, shipping/transport costs, packaging costs. To be increased by the turnover tax (VAT) due on these amounts. The invoiced purchase price of precious metal may deviate from daily recommended prices. Cut-to-size metals may differ in size and/or weight. Agreed purchase prices are not subject to change, not even in the case of future delivery.
Article 6 - liability If Herens & Herens should be negligent, only damages will be compensated which can be regarded as an immediate and immediate consequence of the non-fulfilment or defective performance and will never include damage caused to movable and immovable property of the other party or damage due to the non-availability, incomplete or late availability of ordered goods. In the event that Herens & Herens provides advice, the following applies with regard to liability: No liability can be accepted if advice is given by or on behalf of Herens & Herens. The other party indemnifies Herens & Herens against all claims that third parties may institute against Herens & Herens in connection with the aforementioned advice.
Article 7 - payment Payment must be made within 30 days of the invoice date at the offices of Herens & Herens or by transfer to a bank account held by Herens & Herens. Herens & Herens is always authorized to set a shorter payment term for new agreements or to stipulate COD or cash delivery.
Article 8 - due and payable Exceeding the payment term set to the other party leads to immediate due and payable and the other party will be immediately in default, without any prior notice of default being required on the part of Herens & Herens.
Article 9 - fulfillment and suspension Terms for fulfillment specified by Herens & Herens are target dates, unless otherwise agreed. Default on the part of Herens & Herens does not occur if the specified terms are exceeded. If, after concluding the agreement, Herens & Herens has become aware of circumstances that give it good grounds to fear that the other party will not fulfill its obligation to pay for that performance, Herens & HerensHerens is always authorized to suspend the performance owed to the other party in whole or in part.
Article 10 - Complaints In the event of a complaint regarding incomplete or incorrect delivery or defects, the other party must submit this in writing to Herens & Herens within 5 days at the latest. If it appears that Herens & Herens is in default in the performance of a purchase agreement, the compensation is limited to repairing, replacing or paying for the goods delivered. All liability for consequential damage is excluded. Return shipments travel at the expense and risk of the other party.
Article 11 - Information Your e-mail address can be used by Herens & Herens for direct mailings, e-mail marketing or product updates.
