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These are the General Conditions of Sale and Delivery of
The African Beauty
Article 1 Applicability
1.1 Our Conditions of Delivery and Payment shall exclusively apply to all our offers extended to, and all sales agreements and other transactions, including advice, concluded with customers both in and outside The Netherlands.
1.2 Any provisions deviating from the terms and conditions set forth herein shall exclusively apply if accepted by us in writing. Such deviating provisions shall in that case only be valid for the transaction in question.
1.3 The buyer declares to agree to the applicability of these conditions for new and/or further orders as well.
1.4 Samples, descriptions, pictures and publications are deemed to give merely an indication of the goods involved. The goods supplied may differ from forementioned samples etc. If such differences occur, this does not give the buyer the right to refuse acceptance or payment of these goods, unless the difference is so big, that it would be unreasonable to expect acceptance or payment. This is to the judgement of The African Beauty.
Article 2 Offers
2.1 All our offers shall be free of obligation. Prior offers are deemed to be withdrawn upon making a new offer.
2.2 An agreement shall become final either upon our written confirmation thereof or upon its actual fulfilment.
2.3 Returning of goods is only possible if the goods show a shortcoming of such a nature, that it would be unreasonable to expect the buyer to accept the goods, and only within 8 days after receipt of these goods and provided they are in the original, unbroken packing. All costs for such a return are always for the account of the buyer. Buyers in countries other than The Netherlands have to contact us before returning goods.
Article 3 Prices and Quantities
3.1 All our prices mentioned in our website and web shop are retail prices and include Dutch VAT (19%). Any offers made to retail customers will also include Dutch VAT of 19%.
3.2 Wholesale offers and prices do not include legally based amounts such as VAT and other taxes, which will be added if and where applicable.
3.3 We are entitled to pass on any raise in price, of whichever nature, to the buyer. The buyer can only cancel the agreement if such a raise / such raises together amount(s) to more than 10% of the original order amount. Any changes in the nature and/or height of legally indebted amounts as mentioned before never give the buyer the right to alter or cancel the agreement.
3.4 The costs of packaging for transportation may be separately charged to the customer.
3.5 When orders of goods represent an invoice value of less than EUR 50, we shall be entitled to charge an extra handling fee of EUR 5.
Article 4 Delivery and Risk
4.1 All deliveries shall be ex works Lutjebroek (The Netherlands), except for these parts for which explicit deviating conditions have been set forth elsewhere within these conditions, or unless otherwise agreed upon in writing.
4.2 We will fulfill to the best of our ability the times of delivery promised, but these times are never binding. We are in any case never bound to delivery times that can not or no longer be made, due to force majeur.
4.3 We are entitled to deliver in parts. These seperate deliveries can also be invoiced seperately. Goods, invoiced or not, are at the buyers expense and risk as from the moment they leave our premises.
4.4 Transport of the goods shall be at the customer's expense and risk. The risk incident to the goods shall pass to the customer the moment the goods leave our premises.
4.5 Unless otherwise agreed in writing, we shall determine the manner of transport. Transport costs, including a possible transport insurance, shall be borne by the customer.
4.6 If required the buyer may, on his own account and at his own expense, effect a transport insurance.
Article 5 Suspension and Cancellation
5.1
a Should fulfilment of the agreement be prevented due to force majeure, we shall be entitled to either suspend its fulfilment, in full or in part, for a maximum period of 6 months, or cancel the agreement in full or in part, without judicial intervention being required.
b In cases as referred to above in Article 5.1a, we shall not be required to pay any damages.
c If the situation preventing fulfilment of the agreement continues for a period of 6 months, the agreement shall be cancelled by operation of law.
5.2 We shall be entitled to suspend the (further) fulfilment of an agreement or regard the same as fully or partially cancelled, without prejudice to our right to claim damages, if:
· the customer fails to comply properly, fully or at all with any obligation towards us under the present or any other agreement;
· the customer dies, applies for or is granted a (provisional) moratorium, is declared bankrupt or petitions for bankruptcy, or, in general, wholly or partly loses the free control and free disposal of his property.
In the instances listed above, all claims we have vis-à-vis the customer shall furthermore become immediately payable.
Article 6 Reservation of Title
6.1 All goods and packaging materials, pictures of whatever nature, etc. supplied shall remain our property until such time as the customer has fully observed all his financial obligations towards us under the agreement in question or any other agreement, which shall be understood to include any and all work pertaining to said agreements, as well as any claims resulting from the customer's inadequate compliance.
6.2 Should the customer continue to fail to comply with his financial obligations towards us we shall be irrevocably and unconditionally entitled and authorized to repossess the goods subject to our reservation of title, wherever they may be located, and sell the same to third parties. The net proceeds of sale/resale of the goods, minus any expenses incurred or to be incurred by ourselves or third parties in connection therewith, shall be deducted from our claims vis-à-vis the defaulting customer. The customer ensures us free access to these goods, wherever they may be located.
Article 7 Payment, Interest, Expenses
7.1 All payments must be effected upon delivery of the goods, without any deductions or set-offs, unless agreed upon otherwise in writing. The place of payment is our business address.
7.2 If the customer has any complaints about the goods delivered, the agreed purchase price shall nevertheless have to be paid within the agreed term, on the understanding that payment shall in that case be effected with reservation of all rights in respect of the complaint lodged.
7.3 If the customer fails to meet his payment obligations towards us, we shall be entitled, without further notice of default being required, to charge extrajudicial debt collection costs set at 15% of the amount due, or the total sum of the costs actually incurred if said sum should exceed the aforementioned amount.
7.4 As from the moment default commences, the defaulting customer shall owe interest on the amount due, which shall equal the current statutory interest charge for late payment plus 3 procent points.
7.5 We shall at all times be entitled to require the customer to provide security for the ordered goods until such time as they are delivered.
Article 8 Complaints & Liability
8.1 Our liability for any direct or consequential damage, however referred to, incurred by the customer or a third party and caused by the goods delivered by us shall be limited to the value of the shipment in question, unless explicitely agreed otherwise in writing. For the rest, we shall accept no liability whatsoever. The customer shall indemnify us from any and all third-party claims in so far as not yet excluded herein.
8.2 The numbers/quantities/weights stated on the packing list, if there is one, shall be regarded as the correct data.
8.3 Complaints regarding alleged non-correspondence of the nature and/or quantity of the goods delivered with the specifications of the order must be lodged with us in writing within eight days after delivery of said goods. Failure to observe this provision shall result in forfeiture of the right to lodge a complaint.
8.4 Our finding a complaint justified shall only entitle the customer to a new or supplementary shipment of goods and shall not require us to provide any compensation whatsoever.
8.5 Lodging a complaint does not free the customer of his obligation of payment withing the terms set forth herein.
Article 9 Cancellation or postponed delivery
In case the agreement is cancelled at the request of the customer or as a result of any circumstance caused by the buyer, we are entitled to an indemnification from said customer, which indemnification will amount to 25% of the invoice value of the agreement in question (not including VAT or other taxes), with a minimum of 25 euro.
Article 10 Power of Retention
We shall be entitled to retain any and all goods owned by the customer that are (still) in our possession in any way, until such time as the customer has fully complied with all his financial obligations towards us, regardless of their origin.
Article 11 Applicable Law and Jurisdiction
11.1 All our transactions with customers both at home and abroad shall be subject to Dutch law.
11.2 Applicability of any treaties regarding international purchase agreements of movable goods, as well as any laws of any country, including the Netherlands, based on such treaties, is expressly excluded.
11.3 Any and all disputes arising between us and our customers shall exclusively be brought before the competent court in the municipality where our registered office is established.
Article 12 (Partially) void clauses
If, for any legal or other reason, one or more of the conditons set forth in these Conditions of Delivery and Payment should be fully or partially voide, this does not effect in any way the validity, effect sphere of action of any of the other conditions.
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