Terms and Conditions
GENERAL TERMS AND CONDITIONS TREB HORECALINNEN (TREB) TEN
FAVOR OF INDIVIDUALS, COMPANIES AND INSTITUTIONS
Article 1: Definitions
In these conditions:
1. Conditions: the present general conditions.
2. Other party: the natural person or legal person with whom Treb has entered into an agreement or who is negotiating about it.
3. Parties: Treb Horecalinnen, Aristoteleslaan 123, 1277 AR HUIZEN, hereinafter referred to as Treb, and the natural person or legal entity who have concluded or are negotiating an agreement.
Article 2: Scope of conditions
The provisions of these conditions apply to all assignments, agreements and agreements to which Treb is a party.
Article 3: Invalidity or destruction of (part of) the conditions
1. The nullity or annulment of one or more provisions of these terms and conditions or of any provision in an agreement concluded between the parties does not affect the effect of the other provisions of these terms and conditions or of that agreement.
2. In the event of nullity or nullification as referred to in the first paragraph, the parties shall substitute a provision for that provision (s) that best approximates the scope of the stipulation.
Article 4: Battle of forms
1. The parties exclude the applicability of Article 225 of Book 6 of the Dutch Civil Code for cases in which the other party also refers to its general terms and conditions.
2. In the situation referred to in the previous paragraph, the present general terms and conditions will always apply, with the exclusion of the applicability of the general terms and conditions of the other party.
Article 5: Establishment of the agreement
1. Agreements are entered into online through the acceptance of these conditions
2. The mere issuance of an offer, quotation, budget, estimate or similar communication does not oblige Treb to enter into an agreement with the other party.
Article 6: Content of the agreement
1. For the content of the agreement determines the online recording of the agreed by Treb.
2. If an online confirmation or order confirmation is missing, the content of the agreement determines an online order accepted by the counterparty to Treb, unless Treb has objected to the counterparty online within 15 days of receipt.
Article 7: Anticipatory dissolution of the agreement
1. Treb is authorized to terminate the agreement with the other party before the claims arising from the agreement become due and payable if its circumstances have become known which give it good reason to fear that the other party will not fulfill its obligations towards Treb.
2. An example of the circumstances referred to in paragraph 1 is the situation that Treb becomes aware after the conclusion of the agreement that the other party has previously failed to fulfill obligations arising from agreements with third parties.
Article 8: Duration of the agreement
1. Unless the parties have agreed otherwise, agreements become one-off
Article 9: Cancellation, dissolution and termination of the agreement
1. A demonstrable online cancellation is necessary for the termination of an agreement. The cancellation by the client must take place no later than 30 minutes after the conclusion of the agreement.
2. Interim termination or dissolution of the agreement is only possible if one of the parties fails attributably in the fulfillment of the agreement. If in the opinion of one of the parties the other party fails attributably, it will inform the other party by email immediately. The defective party will then be given the opportunity during 14 days to still properly comply. If the defaulting party fails in this period, the agreement may be terminated in whole or in part or dissolved, unless that shortcoming does not justify termination or dissolution with its consequences due to its special nature or minor significance.
3. A termination or dissolution is in any case not justified in case of:
- minor or unavoidable deviations with respect to quality, color, make-up and the like, as well as shrinkage;
- damage caused by the movement or suspension of mechanical devices, insofar as Treb has observed all normal precautions;
- damage resulting from the disassembly of goods or mechanical devices;
- damage caused by incorrect information from the other party.
4. The agreement ends without prior notice:
1. If one of the parties, operating commercially as a natural person or in the name of a one-man BV, dies;
2. In case of shutdown, liquidation and at the time of application for suspension of payments or bankruptcy of one of the parties.
Article 10: Payment, settlement, security
1. If the other party disagrees with the invoiced amount, he informs Treb thereof immediately, but no later than within the payment term of 7 days, in the absence of which the other party is deemed to agree with the invoiced amount.
2. If the payment term is exceeded, the other party is in default without a prior notice of default or warning being required. With each exceeding of the payment term, the counterparty owes interest on the overdue amount that is equal to the current promissory discount on an annual basis plus a surcharge of 2 percentage points. The interest is calculated per day, a part of the day as an entire day.
3. Any exceeding of the payment term gives Treb the power to immediately suspend its obligations towards the other party and without prior written notification.
4. In the event of non-payment or late payment, the other party will be obliged to pay the full amount of the extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and debt collection agencies, in addition to the amount owed and the interest thereon. With a minimum of € 300.00 for each month that payments are not made.
5. Any offsetting authority of the other party, for whatever reason, is excluded. The payments made by the other party primarily serve to settle the interest and costs owed and then the oldest unpaid invoices, even if the other party states that payment relates to a later invoice.
6. The other party undertakes at the first request of Treb to provide security or to supplement existing securities to guarantee the fulfillment of its payment obligations from the agreement.
7. Payments are possible with the exception of Ideal (preferred), credit card, Paypal and on invoice basis.
Article 11: Liability
1. Treb is not liable for any damage suffered or to be suffered by the other party or third parties, of whatever nature or size, related to or arising from the fulfillment of the agreement or the default thereof, unless there is intention or gross guilt.
2. If and in so far as Treb has any liability towards the other party, for whatever reason, this liability per claim / event is limited to the amount that, with regard to this liability on the basis of the policy conditions, is insured by the insurer. Treb is paid out. A series of related damage cases / events applies here as one claim / event. In the absence of such insurance on the part of Treb, the liability as referred to in this paragraph is limited to a maximum of the value of the agreed performance (excluding VAT) as determined by invoice.
3. If Treb is held liable by a third party in respect of any damage for which it is not liable under the agreement with the other party or these conditions, the other party shall fully indemnify it in this respect.
4 The other party will manage Treb's goods that it receives in the context of the execution of the agreement as a good family man and bears all risks in respect of these items. If desired, the other party must take out insurance for those risks and is liable towards Treb for loss and damage of those goods for whatever reason.
Article 12: Complaints
1. If the other party is of the opinion that Treb fails in any way in the fulfillment of the agreement, it shall inform Treb thereof immediately, but at the latest within 7 days after discovery of the shortcoming or within 7 days after he reasonably knew of this shortcoming. may be informed in writing in the absence of which the reseller can no longer appeal to this shortcoming.
2. Contrary to the first paragraph, complaints relating to the handling of goods delivered by the other party or the quality of the goods leased by Treb to the counterparty must be submitted within 2 days after the goods have been delivered to the counterparty. Treb be notified in writing in the absence of which it is established that treatment or quality is in accordance with the agreement.
3. Complaints do not suspend the payment obligation of the other party.
4. Deviations of the quality of the delivered goods or services provided in the sector which are permissible or unavoidable do not constitute grounds for complaints, nor for dissolution of the agreement or compensation.
Article 13: Force majeure
1. In addition to the provisions of articles 9 and 11 of these terms and conditions, Treb's shortcomings that are not due to her fault and neither under the law, legal act or generally accepted in practice are at the expense of the other party. dissolution of the agreement or compensation.
2. The situations referred to in the previous paragraph shall in any event include business failures, strike, trade unions, absenteeism of Treb personnel, disruptions or restrictions on the supply of energy and materials supply, blocks in transport, fire, explosion, molestation. vandalism, mobilization, riots, war, export restrictions as well as all other measures taken by governments which obstruct the fulfillment of the agreement in whole or in part, frost, storm or unworkable weather, floods, any hindrance of third parties who may, at the request of Treb- involved in the execution of the agreement, shortcomings of auxiliary persons, machine breakdown and the total or partial destruction of goods necessary for the performance of the contract as well as other accidents. This also applies to companies that have contracted Treb to execute the agreement.
Article 14: Property rights of Treb
1. All goods delivered by Treb remain the property of Treb until payment has been made.
2. The other party is not permitted to alienate delivered goods in any way, by realizing property, encumbering objections in the context of security to be provided to third parties, further renting or otherwise bringing in the power of third parties.
3. In use or. leased goods are considered to remain movable.
Article 15: Insurance
1. The other party is obliged to fully insure the goods delivered by Treb against the risks of fire, theft and water damage.
Article 16: Disputes
1. In all disputes between the parties, the District Court in the settlement of Treb is authorized.
2. Contrary to the provisions of the previous paragraph, in cases where there is a dispute concerning the quality of the goods leased by Treb to the counterparty or regarding the handling of goods delivered by the counterparty, a binding recommendation will first be given in the form of a report to be issued by an expert firm.
Article 17: Applicable law
Dutch law applies to the legal relationship between Treb and the other party.
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