1.1. Here and in the conditions set out below "purchaser" shall indicate any person and/or legal entity having entered into or wishing to enter into an agreement with Verfmolen de Kat, established in Zaandam and maintaining offices at address Kalverringdijk 29, 1509 BT Zaandam, The Netherlands and the website Verfmolendekat.com, their representatives, authorised delegates and assigns.
1.2. Terms of purchase or other conditions of the vendor's counterparty hereinafter referred to as "purchaser".
1.3. These present General Conditions shall be applicable to all orders, agreements and offers with and by VERFMOLEN DE KAT. These present Conditions have been deposited with the Chamber of Commerce, Amsterdam, under reference number 35015937 and shall be made available on request.
1.4. Placing an order expressly implies your acceptance of these present Conditions.
1.5. Any departure from these Conditions must be set down in writing, in which case all other provisions shall retain their undiminished force.
Section 2. Offers/agreements
2.1 Any and all offers by VERFMOLEN DE KAT are made without obligation and with reservation as to error. VERFMOLEN DE KAT expressly retains the right to change prices, more especially when required on the basis of (legal) regulation.
2.2 An agreement shall only be concluded after your order has been accepted by VERFMOLEN DE KAT. VERFMOLEN DE KAT is entitled to refuse orders and/or to attach conditions to the supply unless expressly stipulated otherwise. Should an order not be accepted VERFMOLEN DE KAT shall inform as such within ten (10) working days after receipt of said order. No rights shall accrue from automatically generated e-mail messages.
Section 3. Prices and payments
3.1 The prices announced for the products and services are in Euros, inclusive of BTW (Dutch Added Value Tax) but exclusive of costs of handling, transaction, administration and carriage, taxes and/or other levies as appropriate unless otherwise agreed in writing.
3.2 Payment shall be in advance by means of Mastercard, Visacard or IDeal.
3.3 If you should fail to make any payment whatever, VERFMOLEN DE KAT shall be entitled to postpone or as appropriate terminate (execution of) the agreement and any or all agreements related thereto.
3.4 Should the prices of the goods and services offered rise in the period between the order and its execution, you have the right to cancel your order and/or to terminate the agreement within ten (10) days of the announcement of the price increase by VERFMOLEN DE KAT.
Section 4. Delivery
4.1 The delivery times quoted by VERFMOLEN DE KAT are only an indication. No right to compensation shall accrue nor may termination of the agreement follow from any delay in delivery unless the delivery delay is such that you cannot reasonably be expected to hold to the agreement. In such case the customer has the right to cancel the order and/or to terminate the agreement insofar as such may be required.
4.2 The products shall be delivered after payment at such place and time as the product(s) is (are) available for dispatch to you.
Section 5. Retention of ownership
5.1 Ownership of products supplied shall transfer at such time as you have paid to VERFMOLEN DE KAT any and all sums as determined under any and all agreements with said VERFMOLEN DE KAT. Product risk shall transfer to you at the time of delivery.
Section 6. Intellectual and industrial property rights
6.1 The customer shall entirely and unconditionally respect all intellectual and industrial property rights attached to the products supplied by VERFMOLEN DE KAT.
6.2 VERFMOLEN DE KAT cannot warrant that any product/products supplied to the customer do not violate any third party intellectual and/or industrial property rights.
Section 7. Claims and liability
7.1 On delivery the customer is obliged to investigate whether the products fulfil the agreement. If on receipt of the goods any damage shall be apparent to the products and/or packaging such as reasonably to render them unacceptable, you should notify VERFMOLEN DE KAT of such, with your reasons, as soon as possible and in any case within five (5) working days of receipt, or at least after such time as it was possible to determine such. Where reasonable, VERFMOLEN DE KAT shall accept return of the goods received by post within ten (10) days of such notification of defects as described hereinabove. VERFMOLEN DE KAT shall dispatch the order anew.
7.2 Should it be demonstrated that the products do not fulfil the agreement, then on return of the products VERFMOLEN DE KAT may opt to replace them with new products or else recompense the invoice value thereof.
7.3Should you for any reason whatever not wish to accept a product you have the right to return said product to VERFMOLEN DE KAT within seven (7) working days. Return shipments in this case shall only be accepted provided the product's packaging is intact with the seal unbroken. The costs of return shall be for your own account.
7.4 VERFMOLEN DE KAT can accept no responsibility whatever in respect of the functioning / malfunctioning of third party systems, products or services.
7.5. VERFMOLEN DE KAT can under no circumstances be held liable for any harm resulting from incorrect or incautious use of products supplied by VERFMOLEN DE KAT.
Section 8. Ordering/communication
8.1 VERFMOLEN DE KAT cannot be held liable for misunderstandings, garbling, delays or inadequate transmission of orders and messages resulting from the use of the Internet or any other means of communication in correspondence between yourself and VERFMOLEN DE KAT, or between VERFMOLEN DE KAT and third parties insofar as such relates to the relationship between yourself and VERFMOLEN DE KAT, unless and to the extent that such shall be due to deliberate action or gross negligence on the part of VERFMOLEN DE KAT.
Section 9. Force majeure
9.1 Notwithstanding all other rights and entitlements, in case of force majeure VERFMOLEN DE KAT shall have the right according to its own judgement to postpone your order, or else to terminate the agreement without reference to the courts by communication of such in writing without VERFMOLEN DE KAT being in any way obliged to make reparation, unless such should be deemed unacceptable under the circumstances obtaining and in light of current criteria of fairness and reasonableness.
9.2 Force majeure shall be taken to include but not be limited to any defect that cannot be ascribed to VERFMOLEN DE KAT, in that VERFMOLEN DE KAT cannot be accused of having ignored culpability and having acted in contravention of the law or in conflict with common commercial consensus.
Section 10. Resale
10.1 In case of resale the vendor is obliged to sell and/or transfer the goods involved in their original packaging under the same (trade) name and with retention of the original seller's labelling and hazard warnings where applicable. In case of resale the vendor shall provide the purchaser with any such instructions and/or conditions for use as the vendor may have provided.
10.2 In case of resale the vendor shall impose the condition that his customer and any and all subsequent customers, shall impose the obligations set out in this section on his/their customers as a condition of sale and supply.
Section 11. Warranties
11.1 VERFMOLEN DE KAT at all times makes appeal to the product information / hazard warning label. If on delivery the product is not accompanied by a product information / hazard warning label then in case of any doubt the customer consult VERFMOLEN DE KAT. In most cases the hazard warning label is not applicable. In case of doubt contact VERFMOLEN DE KAT for advice.
Section 12. General
12.1 If you send an address to VERFMOLEN DE KAT in writing, then VERFMOLEN DE KAT is entitled to send all orders to said address unless and until you inform VERFMOLEN DE KAT in writing of another address to which your orders should be sent.
12.2 If and inasmuch as VERFMOLEN DE KAT shall silently depart from these present Conditions for any period, long or short, this shall in no wise weaken VERFMOLEN DE KAT's right to demand their strict and immediate observance. The customer may at no time claim any right whatever on the ground that VERFMOLEN DE KAT is flexible in its approach to these present Conditions.
12.3 Should one or more of the terms and provisions in these Conditions or any other agreement with VERFMOLEN DE KAT be deemed to conflict with any applicable provision under the law, the relevant terms and provisions shall lapse and shall be replaced by a new, comparable, legally acceptable term and/or provision as determined by VERFMOLEN DE KAT.
12.4 VERFMOLEN DE KAT is authorised to make use of third parties when executing your order(s).
Section 13. Legal jurisdiction and appropriate court
13.1 The law of The Netherlands shall apply exclusively to all such rights and obligations, offers, orders and agreements as fall under these present Conditions.
13.2 All and any disputes between parties hereto shall be laid exclusively before the courts in The Netherlands.