Terms and Conditions
General Terms of Delivery
6827 BM Arnhem
Telephone: : +31 (0) 26 3113700
Fax: : +31 (0) 26 3118044
E-mail : email@example.com
Ch. Of Comm. : 09212582
VAT no : NL821711015B01
Asaphshop.nl and Asaph.eu are trademarks of Asaph GmbH and Asaph BV
ARTICLE 1. APPLICATION, CHANGE AND EXCEPTION TO THESE TERMS
These conditions apply to all deliveries of goods by Asaph BV, Arnhem, which after the filing of these conditions with the Chamber of Commerce in Arnhem will be held and what Asaph BV, Arnhem, on behalf of the buyer received.
1.1.1 Asaph BV by the buyer to provide (a) order delivery, either by accepting an offer of Asaph BV, also means that the copper unites with the statement of general applicability conditions.
1.1.2 Any purchase by the buyer are not applicable unless expressly in writing by BV Asaph accepted.
1.2 Changes in the purchase agreement and deviations from these conditions will be valid only if agreed in writing between buyer and Asaph BV agreed.
1.2.1 If changes result in higher or lower costs, there is a consequent or associated change in price only if the change of the purchase price is recorded in writing between the parties.
1.2.2 In the absence of agreement on the amendment of the purchase price is a dispute between the parties present, to which Article 8 of these General Terms apply.
1.3 Asaph BV reserves the right at any time without notice sales, discounts and sales change. On the day of delivery applicable prices, discounts and sales are in effect, provided that the buyer has the right to orders already given, if not performed by Asaph BV, cancel within eight days of notification of this change ( s) - any cancellation must be made in writing - except when and where such change (s) in favor of the buyer stretch.
ARTICLE 2. QUOTATIONS, ORDERS
2.1 All oral and written offers of Asaph BV (even if done through price lists) are not binding, unless otherwise indicated by Asaph BV or parties.
2.2 The contract is concluded when the acceptance of the offer Asaph BV has achieved.
2.3 If the acceptance of reservations or changes to the offer to be made is in derogation of the previous paragraph, the agreement will only be established if and when Asaph BV to the Buyer written notice of such deviation (s) and / or additions to the offer to agree.
2.4 Orders, however given for copper binding. They are not binding unless Asaph BV by BV Asaph writing.
2.5 Orders and orders are only accepted if all requested data are completed, or given to Asaph BV prior to delivery.
2.6 Prices. On the websites in the catalog and e-mail newsletters prices are in Euros, including tax and shipping. Price changes and duk / misprints reserved.
ARTICLE 3 DELIVERY
3.1 Delivery takes place at the agreed place and within the agreed period, which period commences on the date on which the order Asaph BV has confirmed in writing. Normally orders are processed immediately and delivery from the warehouse within 48 hours. Delivery is usually by DHL.
3.2 The prices quoted by Asaph BV for shipping and handling to the buyer are as follows:
All other countries are net prices by country normally calculated.
3.3 The delivery section 3.1 is extended by the period during which force majeure, is prevented Asaph BV to its obligations.
3.3.1 Force majeure on the part of Asaph BV exists where Asaph BV after the conclusion of the contract prevented from fulfilling its obligations under this Agreement or to prepare them to meet because of war, threat of war, civil war, riots, acts of war , fire, flood, floods, strikes, sit-ins, lockouts, and export restrictions, government measures, defects in machinery, disruptions in the supply of energy, both in the business of Asaph BV or third parties from whom Asaph BV needed goods , materials, raw materials or energy to engage, as during storage or transportation, whether in-house, and also by all other causes, without fault or the sphere of Asaph BV arise.
3.3.2 If due to force majeure as defined in the preceding paragraph, the (remaining) delivery is delayed more than two months, both BV and Asaph the buyer is entitled to the contract, if one does not run, be regarded as ends, unless Parties before the expiry of two months otherwise in writing.
3.3.3 In the event Asaph BV or the purchaser under the provisions of the preceding paragraph of the agreement, if one does not run, considered as terminated, without prejudice to its BV Asaph is entitled to payment of any already completed deliveries, only entitled to reimbursement of its costs.
3.4 All goods are the expense and risk of the buyer. This risk includes all direct and indirect damages resulting from the shipment and / or sent to the property or to property not owned or Asaph BV party.
3.5 The mode of transmission is by Asaph BV. If the buyer wants a different method of shipment and Asaph BV in writing willingness to send it the other way to take care, all associated costs and risks borne by the buyer.
3.6 Asaph BV will accompany each delivery of an invoice, stating the date or time of delivery, the name and address of the recipient, the type and quantity of goods. This bill will by or on behalf Asaph BV in the delivered goods are deposited. Asaph BV holds a copy of the invoice, as proof that Asaph between BV and the buyer will be that the delivery has taken place in accordance with the original invoice, unless Asaph BV within 72 hours after delivery a written complaint received from the buyer.
ARTICLE 4 COMPLAINTS
4.1 Any claims against Asaph BV based on incomplete or incorrect delivery lapse in any event if within 3 business days of receiving the goods (or if delivery takes place in parts: within 3 working days after receipt of that part) in writing and under accurate statement of the reasons for the incompleteness and / or inaccuracy of the delivery of Asaph BV filed. Event of such advertising, the buyer is also required within 3 working days of receiving the goods, contact Asaph BV to take consultation on whether or not the goods should be returned. Only if these consultations resulted in agreement of Asaph BV to return the goods, which permission within 2 working days Asaph BV in writing will be confirmed on the basis of a return number, the relevant return to be processed. In all other cases a return will be refused.
4.2 Claims against Asaph BV pursuant to the receipt of goods visible defects also expire if the purchaser immediately upon receipt of the goods on the waybill or the receipt of the alleged defect has to do roster.
4.3 The BV by Asaph handling of an advertisement does not mean that they consider advertising as timely or properly filed.
4.4 The filing of a complaint and / or the handling of a claim for the buyer will never rise or may give grounds for suspension of its obligation to pay the delivery and / or offset against a receivable from Asaph BV
4.5 If the buyer proves that the goods do not meet the reasonable requirements set for them, will take them back Asaph BV if such goods as new condition.
4.6 If Asaph BV has declared in writing the complaint is found to be BV Asaph the goods at no charge or compensation not exceeding the invoice value without Asaph BV for any further damages.
4.7 Consumers returns. Orders and deliveries are met on the basis of the general European legislation on distance selling. As a rule, so that media (CD, DVD and CD-ROM) is only possible if the product does not work. If the order does not meet your requirements on arrival or damaged, then you can return your order within 8 days. If they prove damages, the product is immediately replaced. Reported the damage before returning to Asaph BV, 026 3113700 or through our customer service firstname.lastname@example.org so we can give you instructions for replacement or return.
ARTICLE 5 OWNERSHIP
As security for all that Asaph BV at any time of the buyer to claim under one or more deliveries or its or with (a) of the buyer received order (s) related to performance (s) above, by Asaph BV goods delivered to her property at the time of its payment in full to the buyer (s) has complied, he or transaction under which the goods belong or other reasons against Asaph BV.
ARTICLE 6 PAYMENT
6.1 Payment must be made within 14 days after invoice date. The mere fact of late payment, the buyer is in default, an explicit notice is not required.
6.2 After expiry of this period, the buyer, without any notice is required, an interest of 1% per month or part thereof, and Asaph BV, also without any notice is required, authorized third parties to perform the collection of the invoice amount.
6.3 The collection of the amounts invoiced costs involved (including the extrajudicial collection costs, which 15% of the principal amount with a minimum of NLG 50.00, all excluding VAT) are charged to the buyer.
6.4 Asaph BV has the right to cash payment, advance, guarantee or cash on delivery to demand.
6.5 For further carry out orders or parts thereof Asaph BV has the right mentioned in the previous paragraph, if the buyer does not fulfill its payment obligations, in which case Asaph BV also has the right to execute orders or parts thereof to cancel.
6.6 If the buyer in any way against Asaph BV was failing to keep its obligations, in the event of payment, request for seizure, debt, suspension of payments or bankruptcy and liquidation of the Sun (a) k (s) the buyer, all amounts owing by the purchaser under any agreement Asaph BV shall immediately payable in full. Asaph BV has the right to her unpaid goods from the buyer to recover and return to (do) retrieve, without prejudice to its other rights arising from default on the part of the buyer.
6.7 Payment shall be made without any deduction or set-off at the office of Asaph BV transfer in favor of her post office or bank.
6.8 The allocation of payments made only on potential charges and any interest and then finally the oldest of outstanding invoices.
6.9 By accepting these terms, the buyer also waived his right to set off (offsetting) to any claim against Asaph BV.
6.10 Consumer Payments: Payments from consumers through the shop (s) of Asaph will be performed directly for sending the goods. In all other cases, the final payment 14 days.
ARTICLE 7 PROOF
The administration of the full proof Asaph BV, subject to proof, of what the buyer Asaph BV under orders and / or deliveries due.
ARTICLE 8 APPLICABLE LAW MEDIATION; JURISDICTION
8.1 The agreement between the buyer and Asaph BV Dutch law.
8.2 In the event of a dispute relating to contracts, offers, deliveries, consignment items and / or related matters, require Asaph BV and the buyer to each other to try it first be resolved by mediation (mediation) the rules of the Rules of the Foundation Dutch Mediation Institute (NMI) in Rotterdam, as it stands at the starting date of the mediation, led by a NMI-mediator or a mutual agreement to appoint mediator, notwithstanding the right of parties to the civil court to refer the matter in urgent matters in chambers.
8.3 The obligations contained in the preceding paragraph shall not apply to disputes that an interest of not exceeding € 5,000.00.
8.4 If mediation does not resolve the dispute could lead to disputes will be settled by the competent court.
8.5 In case the civil courts approached the court in Arnhem jurisdiction, notwithstanding the right of Asaph BV to apply to the court pursuant to any legislation jurisdiction.
ARTICLE 9 DISPLAYS
Displays provided by Asaph BV remain the property of BV and may only be used for products of Asaph BV. Displays for sold, this obligation for a period of 24 months.
ARTICLE 10 CONSIGNATI EZENDINGEN
10.1 These terms and conditions also apply to consignment agreements, consignment or consignments with the exception of Articles 6.1 and 6.2.
10.2 by Asaph BV on consignment goods by the buyer's expense and at a prearranged time to Asaph BV returned.
10.3 Returned goods not as new condition will not be credited.
10.4 In consideration for the provision of goods on consignment, the discount of the credit invoice 5% higher than the discount of the bill of delivery.
10.5 In respect of goods purchased by Asaph with BV should be a selling price is 2.5% lower discount than just the buyer is to receive Asaph BV.
10.6 Payment must be made within 14 days after the invoice date of the credit, which covers the consignment shipment. The mere fact of late payment, the buyer is in default, an explicit notice is not required.
10.7 After the expiry of the period mentioned in the preceding paragraph, the buyer, without any notice is required, an interest of 1% per month or part thereof, and Asaph BV, also without a default being required, be entitled third parties to perform the collection of the invoice amount.