Terms and Conditions
Article 1. General / Definitions
In these general terms and conditions the following terms have the following meanings: 1. Belieff: registered with the Chamber of Commerce under number 61329258, located in Groningen, Prinsesseweg 37C, 9717 BB, hereinafter referred to as: “Belieff”. 2. Customer: the person who concludes an agreement with Belieff for the delivery or making available of products and / or goods, in the broadest sense of the word. 3. Product: any item or good delivered by Belieff to the Customer and / or accepted / offered as a pilot. 4. General terms and conditions: these general terms and conditions. 5. Agreement: any agreement regarding the purchase of products in accordance with the provisions of the agreement between Belieff and the Customer. 6. Website: the website www.belieff.com
Article 2. Applicability
1. These terms and conditions apply to all offers, sales and deliveries made by Belieff to the Customer, whether or not via the website. 2. Deviations from these general terms and conditions are only valid if they have been expressly agreed in writing. Any general terms and conditions or other conditions of the Customer are not valid. The applicability thereof is explicitly rejected by Belieff. 3. If any provision of these general terms and conditions is null and void or is nullified, the other provisions of these general terms and conditions will remain in full force and Belieff and the Customer will enter into consultation in order to agree on new provisions to replace the invalid or annulled provisions. , whereby the purpose and purport of the invalid or nullified provision is taken into account as much as possible. In case of uncertainty about the explanation or content of one or more provisions of these general terms and conditions, these must be explained “in the spirit” of these general terms and conditions. Situations that are not regulated in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions. 4. If Belieff does not always demand strict compliance with these general terms and conditions, this does not mean that the provisions of these general terms and conditions do not apply, or that Belieff would lose the right to strict compliance with the provisions in other cases. of these general terms and conditions. 5. Belieff is entitled to amend or supplement these general terms and conditions. Changes of minor importance can be made at any time. Major substantive changes are discussed (in advance) with the Customer. 6. If Belieff has already provided these general terms and conditions to the Customer several times, there is a steady commercial relationship. Belieff does not have to hand over the general terms and conditions each time to make them apply to subsequent agreements.
Article 3. Activities
1. Belieff’s activities consist of producing and selling the Dug and Cozydeken.
Article 4. Quotation
1. A sent quotation is valid for 30 days after its date, unless Belieff indicates otherwise. 2. If no acceptance period has been set, no rights can be derived in any way from the quotation. 3. If the Customer accepts a quotation, Belieff reserves the right to withdraw the offer within 2 working days after acceptance. 4. Belieff cannot be held to its quotations if the Customer can reasonably understand that the quotation, or any part thereof, contains an obvious mistake or clerical error. 5. A composite quotation does not oblige Belieff to perform part of the agreement for a corresponding part of the stated price. 6. If the acceptance deviates from the quotation, Belieff is not bound by it. In that case, the agreement will not be concluded in accordance with this deviating acceptance, unless Belieff indicates otherwise. 7. Quotations made are in principle price indications and do not automatically apply to future assignments.
Article 5. Establishment of the agreement
1. The agreement is concluded as soon as the acceptance of the offer has reached Belieff. By accepting the Customer declares that it agrees with the applicable statement of these general terms and conditions and, if necessary, waives any applicable statement of its own general terms and conditions. 2. If reservations or changes are made to the quotation in the acceptance, the agreement will only be concluded, contrary to the provisions of the previous paragraph, if Belieff has notified the Buyer that it agrees to these deviations from the quotation. 3. Agreements between Belieff and the Customer are ultimately recorded via an order confirmation. 4. The agreement must be terminated in writing by registered letter. 5. The notice period is ten days for the client. 6. If a term has been agreed or stated for the delivery of certain products, this is never a strict deadline. If a term is exceeded, the Customer must give Belieff notice of default in writing. Belieff must be offered a reasonable period of time to still execute the agreement. 7. If the Customer cancels the agreement without good reason, he is liable for damages in accordance with these general terms and conditions. 8. Belieff is not bound by verbal agreements if these have not been confirmed in writing by Belieff.
Article 6. Amendments to the agreement
1. If during the execution of the agreement it appears that it is necessary to amend or supplement the agreement, then the parties will proceed to amend the agreement in good time and in mutual consultation. 2. Without being in default, Belieff can refuse a request to amend, supplement or withdraw the agreement if this could have consequences in terms of quality and / or quantity, for example for the products to be delivered in that context. 3. If the agreement is amended or supplemented, the time of completion of the performance may be affected. Belieff will inform the Customer of this as soon as possible. 4. If the change or addition to the agreement has financial and / or qualitative consequences, Belieff will inform the Customer about this in advance. 5. If the change or supplement to the agreement is the result of circumstances that can be attributed to Belieff, Belieff will not charge additional costs. If a change or supplement to the agreement is the result of circumstances that can be attributed to the Customer, Belieff will charge additional costs.
Article 7. Cancellation or premature termination of the agreement
1. If the Customer cancels or prematurely terminates the agreement, Belieff will charge all costs incurred, including the hours spent, with an increase of twenty-five percent to the Customer. Article 8. Execution and delivery 1. The customer bears the risk of selecting the products purchased. Belieff does not guarantee that the products are suitable for the use intended by the Customer, unless the purposes of use are clearly specified in the agreement between the parties. 2. Delivery of the products takes place at the agreed location at the agreed purchase price. Unless expressly agreed otherwise, the purchase price of the products does not include the costs of transport, insurance, hoisting and hoisting, hiring temporary facilities, etc. 3. The risk of loss, theft and damage to the products is transferred to the Customer upon delivery. to the Customer. If a carrier is used for the delivery, whether or not at the request or instruction of the Customer, the risk of loss, theft and damage to the products will, however, pass to the Customer at the time of delivery of the products. the transporter.
Article 9. Suspension and dissolution
1. At the time at which the Customer is declared bankrupt, applies for a temporary suspension of payments, or the Customer loses the power of disposition of his assets or parts thereof by seizure, under guardianship or otherwise, or if the Customer apparently unable to meet its financial obligations, Belieff has the right to declare any agreement with the Customer dissolved without judicial intervention. 2. Each of the parties is also entitled to prematurely dissolve the agreement without judicial intervention with immediate effect if the other party dies. 3. Due to the dissolution, the mutually existing claims become immediately due and payable. 4. If Belieff has reasonable doubts about the payment capacity of the Customer, Belieff is entitled to postpone the performance of the agreement until the Customer has provided security for payment.
Article 10. Payment and collection costs
1. The party who enters into the agreement undertakes to pay all costs arising from the agreement. 2. The customer pays 50% of the total invoice in advance and 50% after delivery, but within 15 calendar days. 3. Payment must be made by means of an invoice that is sent. The payment term is fifteen calendar days. 4. If an invoice is canceled or does not take place for any other reason, the Customer must ensure that the invoice amount is paid within seven days of the invoice date. 5. The Customer is in default from the expiry of the payment date. Belieff will send a reminder after the expiry of that date and will give the Customer the opportunity to pay within seven calendar days of receipt of this reminder. If, after the expiry of this period, payment has still not been made and the Customer cannot invoke force majeure, Belieff is entitled to charge interest from the expiry of the payment date. This interest is equal to the statutory interest plus 3% on an annual basis on the amount due. 6. If the Customer fails to pay the amount due after sending the reminder, Belieff is also entitled to increase the amount stated in paragraph 5 with collection costs. These extrajudicial costs amount to 15% of the amount due with a minimum of € 50.00 to be increased by the actual (extra) judicial costs incurred.
Article 11. Retention of title
1. All products delivered by Belieff remain Belieff’s property until the Customer has fulfilled his / her (payment) obligations towards Belieff. 2. It is strictly forbidden to copy any model by Belieff, provided express written permission has been given.
Article 12. Complaints procedure
1. Complaints about the products must be made known to Belieff, with reasons, within 14 days after the complaint arose, or within 14 days after delivery of the products. After expiry of the aforementioned terms, the Buyer is deemed to have accepted the delivered products. 2. Complaints can be submitted by telephone, e-mail or post. Telephone: +31 (0) 23552861. E-mail: email@example.com. Address: Prinsesseweg 37c, 9717 BB Groningen. 3. If a complaint is justified, Belieff has the option to investigate and repair the defect in the products. If this proves impossible, Belieff must change the invoice amount according to the ratio of the complaint.
Article 13. Force majeure
1. Belieff is not obliged to fulfill any obligation towards the Customer if it is prevented from doing so as a result of a circumstance that is not attributable to fault, and neither under the law, a legal act, or due to current views on his behalf. 2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which Belieff has no influence, but as a result of which Belieff is unable to fulfill its obligations. come. 3. In the event of force majeure, Belieff will immediately notify the Customer of this in writing, stating the cause of the force majeure. 4. Belieff has the right to invoke force majeure if the circumstances that prevent (further) fulfillment of the agreement occur after Belieff should have fulfilled its obligation. 5. Belieff has the right, during the period that the force majeure lasts, to suspend its obligations under the agreement. If this period lasts longer than 1 month, both the Customer and Belieff are entitled to terminate the agreement, without any obligation to pay compensation for the damage suffered to the other party. If the aforementioned situation occurs when the agreement has been partially executed, Belieff has the right to invoice the part that has already been fulfilled separately. The Customer is then obliged to pay this invoice as if it were a separate agreement. 6. After notification of force majeure on the part of Belieff, the Customer has the right to cancel the order in writing. 7. Belieff is not responsible for force majeure situations such as strikes at the postal service or telephone service or power outages.
Article 14. Liability
1. The liability of Belieff is limited to the damage that can be regarded as an immediate and clear consequence of the non-performance or defective performance, all this limited to the amount covered by the insurance of Belieff. If in any case the insurance does not pay out or the damage is not covered by the insurance, the liability is limited to one time the amount of the invoice. 2. Belieff is never liable for indirect damage. Indirect damage is understood to mean: consequential damage; lost profit; missed savings; damage due to business or other stagnation. 3. The Customer’s conclusions, based on the agreement, are subject to interpretation and these conclusions may differ from other people’s interpretation. Belieff is in no way liable for this. 4. The limitations of liability included in these terms and conditions do not apply if the damage is attributable to intent or gross negligence on the part of Belieff and / or its subordinates. 5. Belieff is in no way liable for the costs of claims, lawsuits (including legal advisers and attorney’s fees) and the costs for arbitration committees of the Customer arising from the agreement. Belieff also stipulates all legal and contractual defenses that it can invoke against the Customer in defense of its own liability and / or its subordinates.
Article 15. Applicable law
1. Unless explicitly agreed otherwise, disputes arising from the agreement are subject to Dutch law. 2. Without prejudice to Belieff’s right to submit a dispute to the competent court according to law, disputes between the parties will in the first instance be submitted to the competent court in Belieff’s place of business, unless the law prescribes otherwise.