General

General2018-05-17T12:44:48+00:00

Terms and Conditions Rwandeskoffie.com

  1. Applicability
  • These general terms and conditions apply to – and are inseparable from – any offer, offer and agreement relating to by Rwandesekoffie.com established in Breda to further name "user", deliverables of any Nature, unless expressly agreed otherwise in writing.
  • In These terms and conditions, "the customer" means any (legal) person who purchases and/or buys goods from or through user.
  • These conditions may only be waived if the parties expressly and in writing have agreed.
  1. Emergence and Modification agreement
  • All offers and tenders made by the user, in any form whatsoever, are without obligation unless a time limit for acceptance is included in the offer. First by written (order) confirmation of user or by actual execution by user an agreement is established.
  • All indications in offers, tenders or agreements and the annexes thereto, such as images, drawings, sizes, weights, yields and colours, and in addition the properties of any test specimens shall be limited to Indication. Therefore, minor deviations are not at the expense and risk of user.
  • Obvious descriptions or errors in the offers of the user waive the obligation of fulfilment and/or any obligations for damages resulting therefrom, even after the conclusion of the contract.

 

  1. Implementation of the Agreement
  • Delivery takes place in accordance with the applicable Inco term: Ex Works. If the customer refuses at the agreed moment, or is negligent with the provision of information or instructions necessary for the delivery, user is entitled to store the products at the customer's expense and risk.
  • Goods are as delivered, as soon as user has informed the customer that, whether or not to assemble the items in whole or in part, at the user or at a third party are ready to be picked up by the customer or to be commissioned by the customer. Unsent. From the moment of delivery, the delivered goods come at the customer's risk.
  • If the parties expressly agree that the user takes care of the transport of the products, the costs as well as the risk of loss or damage during the transport are for the account of the customer.
  • The indication of delivery times in offers, tenders, agreements or otherwise is always made by the user to the best of our knowledge and these deadlines will be respected as far as possible, but they are not binding.

 

  1. Prices
  • All prices are in euros and are exclusive of sales tax and other levies imposed by the government. Any special additional costs relating to the import and/or customs clearance of goods to be delivered by user to the customer are not included in the price and are therefore on behalf of the customer.
  • The amounts shown in the offers of user are based on the prices, rates, wages, taxes and other factors relevant to the price level that are present during the offer. If the (order) confirmation takes place in one or more of the aforementioned factors, user is entitled to adjust the agreed price accordingly. If, under this provision, a price increase is made, and the increase is more than 10% of the total agreed amount, the customer has the right to the agreement within eight days after it has been known or could have been with the To dissolve the price increase in writing.
  1. Payment 
  • Payment must always take place within 30 days after the invoice date. The customer is not entitled to charge any claim to the user with the amounts charged by the user.
  • User always has the right to invoice deliveries or delivered goods per part delivery.
  • Payment is made by deposit or transfer to a user-designated bank or Giro account. User shall always have the right to guarantee, both before and after the conclusion of the contract, security for payment Prepayment, under the suspension of the execution of the contract by user, until the security has been provided and/or the prepayment has been received by the user. If advance payment would be refused, user is entitled to dissolve the Agreement and the Customer shall be liable for any damages resulting therefrom.
  • User is entitled to suspend the issuance of products which it has for the customer in connection with the execution of the agreed work, until all payments due by the customer to user are fully paid.
  • When payment does not take place in time, the customer is legally in default without a notice of default is required. The customer shall, from that moment, owe statutory commercial interest as referred to in article 6:119a BW.
  • In the event that no payment has been received after the expiry of a further payment period imposed by letter of formal notice, the customer shall owe a fine equal to 10% of the principal amount owed by the customer to the user, including VAT, irrespective of whether User has to make out-of-court collection costs and without prejudice to the right of user to claim compensation.
  • Without prejudice to the other rights of user under this article, the customer shall be obliged to the user to reimburse the collection costs that the user has had to make and which go beyond the sending of a single summation or the mere making of a – Not accepted-settlement proposal, retrieving simple information or compiling the dossier in a normal way. These costs are determined on the basis of the directives currently in force in the courts of the Netherlands.
  • The applicability of article 6:92 BW is excluded as regards the penalty clause contained in this article.
  1. Warranty
  • If the customer is provided with the guarantee in respect of the work or products it has supplied or to be delivered, it shall expressly inform the customer in writing. In the absence of such explicit written notice, the customer cannot invoke a guarantee, without prejudice to its legal rights arising from mandatory provisions.
  • If an appeal to the customer's guarantee would be justified, user will restore the products to be delivered-according to the choice of user-or still deliver as agreed, unless this has now become demonstrably pointless for the customer. If user Incurrs the customer to proceed to recovery, the customer shall make the products delivered, at its expense and at its risk, again available to user.
  • Any warranty obligations of user shall lapse if errors, defects or imperfections in respect of those matters are the result of improper, careless or inappropriate use or management of delivered goods by the customer or by the customer Third parties or if they are the result of one of the outside causes, such as fire or water damage, or if the customer or a third party has made changes to the goods delivered by user without the consent of users or .
  1. Advertisements
  • Any complaints about a product supplied by the user must be communicated to the user in writing and motivated immediately by the customer. If days after delivery of the products have elapsed, the customer can no longer be justified complaint, unless the defect at the time of delivery would not have been perceptible in a careful and timely check. In that case, within days after the customer's lack of knowledge or knowledge, the customer must be informed of the defect in writing and motivated to inform them of the defect.
  • Without prior written consent, user is not obliged to accept return shipments from the customer. In no event shall the receipt of returns be recognised by the user of the customer's declared land for return shipment. The risk in respect of returned products remains with the customer until the products are credited by the user.
  • If the customer invokes an agreed guarantee scheme, but then the appeal proves unjustified, user has the right to carry out the work and costs of research and recovery that are on its side from that profession To charge the customer in accordance with its usual rates, with a minimum of €100.00.
  1. Retention
  • All products supplied and delivered by user shall remain the property of the user under all circumstances, as long as the customer has any claim by user, including in any case the purchase price, extrajudicial costs, interest, fines and any other Claims as referred to in article 3:92 (2) BW.
  • The customer is obliged to keep the products delivered under retention of title with the necessary care and as recognizable property of user.
  • The customer shall not be entitled to pledge the products delivered under retention of title, as long as their property has not been transferred to it, to third parties, to otherwise object or to transfer them in whole or in part, except in so far as such transfer is Normal business activities of the customer.
  • If the customer fails to comply with its payment obligations towards the user or has good ground to fear that the customer will fail in those obligations, user shall be entitled to the goods delivered under reservation of title To take back goods. The customer shall cooperate and give the user free access at all times to its premises and/or buildings to inspect the goods and/or to exercise the rights of the user. After repossession, the customer shall be credited with the market value, which under no circumstances exceeds the original price agreed upon by the customer, minus the costs incurred for the user from the repossession.
  1. Dissolution and termination
  • The customer shall be deemed to be in default if this only obligation in the agreement does not meet or fails in time, and if the customer fails to comply with a written reminder in order to comply fully within a specified reasonable time.
  • In the event of the customer's failure, user shall be entitled to terminate all or part of the agreement without any obligation for damages, and without prejudice to the rights of the client, by a written communication to the Customer and/or the amount owed by the customer to the user as a whole and/or to invoke the retention of title.
  • User is entitled to terminate the agreement with immediate effect if the customer requests suspension of payment or bankruptcy or is requested against him or seizure of all or part of its assets. All invoiced amounts are then immediately payable. User shall never be liable for any compensation for this termination.
  1. Force majeure
  • User is not liable if a shortcoming is the result of force majeure. During the period of force majeure, user's obligations are suspended. If the period during which force majeure does not allow the performance of the obligations by the user is longer than three months, both parties are entitled to dissolve the agreement without judicial intervention, without any Compensation will exist.
  • The term ' force majeure ' referred to in this article shall in any case be understood to mean unforeseen circumstances, also of an economic nature, which have arisen outside the debt or the cause of user, such as serious disturbance in the holding, Forced shrinkage of production, strikes and exclusions, both at user and in ancillary industries, war, hostilities, martial law, mobilization, either in the Netherlands or in any other country where any establishments of User or of ancillary companies are established, delays in the transport or delayed or erroneous delivery of goods or materials or parts by third parties including ancillary companies of user.
  • If, in the event of force majeure, the user has already partially fulfilled its obligations or is only partially able to fulfil its obligations, it shall be entitled to the already delivered or To invoice the available part separately and the customer is obliged to pay this invoice if it concerned a separate agreement.
  1. Liability
  • User is solely liable for damage suffered by the customer, if and insofar as such damage is the direct result of intentional or deliberate recklessness of user executives.
  • The total liability of user shall in all cases be limited to compensation of direct damages, whereby the total amount payable by user to the customer under any ongedaanmakingsverplichtingen and compensation for damages Will never exceed the maximum amount of the price stipulated for that agreement (excluding VAT).
  • User is not liable for damage, if and insofar as the customer has insured himself against the relevant damage or could reasonably have ensured.
  1.  Disputes and applicable law
  • If there is any ambiguity as to the interpretation of one or more provisions of these general terms and conditions, then the interpretation of that provision (s) should take place ' in the spirit ' of these general terms and conditions.
  • Dutch law is applicable to an agreement concluded with the user. Foreign legislation and conventions under which the United Nations Convention on the International Sale of goods relating to movable property of 11 April 1980 (Vienna Sales Convention) is excluded.
  • Any disputes relating to this Agreement or arising from this Agreement shall be settled at first instance by the competent court in the district in which the user, at the time of the conclusion of this Agreement is established.