General Terms and Conditions online sales (B2C)

General Terms and Conditions online sales (B2C)

TERMS AND CONDITIONS ONLINE SALES (B2C)

 

 

Article 1: Definitions

1.   Global Property Cowboys, located at  DIEMEN,  KvK  number  75087545, is designated as a seller in theseterms  andconditions.  

2.   The seller's other party is referred to as a buyer in these terms and conditions.

3.   Parties are seller and buyer together.

4.   The agreement refers to the purchase agreement between the parties.

 

Article 2: Applicabillity of general terms and conditions

1.   These conditions shall apply to all tenders, offers,agreements and deliveries of services or goods by or on behalf of the seller.

2.   These conditions can only be deviating if this has been expressly and writtenly  agreed by the parties.

 

Article 3: Payment

1.   The full purchase price willbe  paid immediately in the store. Reservations are expected to have a deposit in some cases. In that case, the buyer will receive proof of the reservation and the prepayment.  

2.   If you don't pay buyer on time, he's in default. If the buyer defaults, the seller is entitled to suspend the obligations until the buyer has fulfilled its obligation to pay.

3.   If the buyer defaults, the seller will make a recovery. The costs relating to that recovery are forthe  buyer's information. These collection costs are calculated on the basis of the Decision fee for out-ofcourt collection costs.  

4.   In the event of liquidation, bankruptcy, seizure or suspension of payment from the buyer, the seller's claims on the buyer shall be immediately claimable.

5.   If the buyer refuses to cooperate in the execution of the contract by the seller, he is still obliged to pay the agreed price to the seller.

 

Article 4: Offers, quotes and price

1.   Sacrifices are non-binding unless the offer is a term of acceptance. If the offer is not accepted within that time limit, the offer will expire.

2.   Delivery times in tenders are indicative and do not give the buyer the right to dissolution or compensation if they areexceeded, unless the parties have been expressly and in writing otherwise agreed.  

3.   Offers and quotes do not automatically apply to reorders. The parties must expressly and in writing agreeand.

4.   The price listed on offers, quotes and invoices shall consist of the purchase price including vat due and any other public charges.

 

Article  5: Right of withdrawel

1.   The consumer is entitled to terminate the contract after receiving the order for 14  days without giving reasons (right of withdrawal). The deadline begins to run from the moment the (entire) order is received by the consumer. 

2.   There is no right of withdrawal when the products are custom-made according to its specifications or only have a short shelf life.

3.   The consumer can use a seller's revocation form. Seller is required to make this available to buyer immediately after buyer's demand.

4.   During the cooling-off period, the consumer willhandle  the product and packaging carefully. He will only extract or use the product to such an extent to the extent necessary to assess whether he wishes to retain the product. If he makes use of his right of  withdrawal,he  will return the unused and undamaged product with all accessories supplied and - if reasonably possible - to the seller in the original shipping packaging, in accordance with the reasonable and clear activities provided by the  entrepreneur.ructies.

 

Article  6: Modification of the agreement

1.   If, during the implementation of the agreement, it appears that it is necessary for the contract to be properly carried out to amend or complete the work to be carried out, the agreement shallbe  adapted accordingly in a timely manner and by mutual agreement.  

2.   If the Parties agree that the agreement is amended or supplemented, it may affect the timing of completion of the implementation. Seller will notify buyer hias  soon as possible.  

3.   If the modification of or addition to the agreement has financial and/or qualitative consequences, seller buyer shall notify buyer in writing in advance.

4.   If the parties are a fixed priceagreed, the seller shall indicate the extent to which the change or addition of the contract results in an overrun of that price.  

5.   By way of derogation from the third paragraph of this Article, the seller may not charge any additional fees andthe  change or supplement is the result of circumstances that may be attributed to him.  

 

Article 7: Delivery and risk transfer

1. Once the purchased has been received by the buyer, the risk passes from seller to buyer.

 

Article 8: Research, commercials

1.   Copper is kept the delivered at the time of (delivery) but in any case within as short a time frame as possible to (do) investigations. In doing so, the purchaser should examine whether the quality and quantity of the public transport deliveredcorrespondto  what the parties have agreed, at least that quality and quantity meet the requirements of normal (commercial) traffic.

2.   Advertisements relating to damage, shortages or loss of goods delivered mustbe  submitted in writing by the buyer to the seller within 10 working days of the day of delivery of the goods by purchaser.

3.   In the case of justified declaration of the complaint within the time limit set, the seller has the right to either recover, or to resupply, orto  waive the supply and to send a credit note to the buyer for that part of the purchase price.

4.   Small and/or usual deviations and difference in quality, number, size or finish cannot be contradicted to the seller.

5.   Complaints relating to a particular product do not affect products other than parts belonging to the same agreement.

6.   After processing the goods with the buyer, no more advertisements are accepted.

 

Article 9: Samples and models

1. If a sample or model has been shown or provided to purchaser, it is suspected to have been provided only as an indication without the need to comply with the case to be delivered. This is different if the parties have expressly agreed that the case to be delivered will be consistent with that.

Contracts relating to an immovable property shall also indicate the area or other dimensions and indications referred to as an indication only, without having to reply to the supplyand  case.

 

Article 10: Delivery

1.   Delivery is made 'ex-factory/shop/warehouse'. This means that all costs are for buyer.

2.   The buyer is obliged to take the items when the seller delivers or delivers it to him, or at the time when these matters are made available to him according to the agreement.

3.   If buyer decline sits down or negligent is negligent in providing information or instructions necessary for delivery, seller is entitledto  store the case on behalf of and risk of buyer.

4.   If the items are delivered, the seller is entitled to charge any delivery fees.

5.   If seller needs buyer's details to execute the agreement, the delivery time will be madeavailable  to the seller after the buyer has made this information available to the seller.

6.   A seller-specified delivery deadline is indicative. This is never a fatal term. In the event of an overrun of the period, the seller mustdefault.

7.   Seller is entitled to supply the items in installments, unless otherwise the parties have agreed in writing or does not have a self-contained value in part-time supply. Seller is entitled to invoice these parts in parts whendelivered.

 

Article 11: Force of the majority

1.   If the seller cannot, in good time or not properly comply with his obligations from the agreement by force majeure, he is not liable for damages suffered by buyer.

2.   Force majeure means, in any event, any circumstance that the seller could not take into account at the time of the contract and as a result of which the normal implementation of the agreement cannot reasonably be required by the purchaser,such  as sickness, war of danger of war, civil war and rioting, molestation, sabotage, terrorism, energy failure, flood, earthquake, fire, occupation, work strikes, work exclusion force, modified government measures,  transport difficulties, and other failures in theseller's business.  

3.   Furthermore, the parties of force majeure mean the fact that subcontractors on which the seller is dependent on the performance of the contract do not comply with the contractualobligations  against the seller, unless this is to be blamed on the seller.  

4.   If a situation as intended for this occurs as a result of which the seller cannot fulfill its obligations to the buyer, those obligations are suspended and theseller  cannot fulfil its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the Parties shall have the right to terminate the agreement in writing in whole or in part.

5.   If force majeure persists foranother  period of three months, the buyer has the right to terminate the agreement with immediate effect. Dissolution can only be done by registered letter.

 

Article 12: Transfer of rights

1. Rights of a Party to this Agreement may not beborne  without the prior written consent of the other Party. This provision shall be subject to a condition of goods law as referred to in the second paragraph of Article 3:83, civil code.  

 

Article  13: Retention of title and right of retention

1. The items and items and items provided with the seller remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can rely on his reservation of ownership and take back the business.


Indiand the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right to suspend the business until the agreed part is satisfied. There is then a creditor default.  Inthat  case, a late  deliverycan  be countered to the seller.  

3.   Seller is not authorized to pawn the matters covered by his ownership or to object in any other way.

4.   The seller undertakes to ensure the conditions of ownership to the buyerand  to keep assured against fire, explosion and water damage as well as against theft and to provide the policy for inspection at first request.  

5.   If items have not yet been delivered, but the agreed prepayment or price has not been paid in accordance with agreement, seller has the right of retention. The case will not be delivered until the buyer has paid in full and in accordance with the agreement.

6.   In the event of liquidation, insolvency or suspension of payment of purchasers, the obligations of the buyer shall be immediately required.

 

Article 14: Liability

1.   Any liability for damages arising from or related to the performance of an agreement shall always be limited to the amount paid out in the case in question by theliability  insurance(s). This amount shall be increased by the amount of the excess according to the relevant policy.  

2.   Not excluded is the liability of seller for damages resulting from intentional or deliberate recklessness of the seller or his managerial subordinates.

 

Article 15: Obligation to complain

1.   Copper is obliged to report complaints about the work carried out directly to the seller. The complaint contains the detailed description of the shortcoming as possible, so that the seller is able to respond appropriately to this.

2.   If a complaint is justified, the seller is required to restore it properly and possibly replace it.

 

Article  16: Guarentees

1.   If guarantees are included in theagreement, the following shall apply. Seller guarantees that the sold corresponds to the agreement, that it will function without defects and that it is suitable for the use that buyer intends to make of it. This guarantee shall apply for a period of two calendar years after receipt of the sold by buyer.

2.   The guarantee in question is intended to create a distribution of risks between the seller and the purchaser in such a way that the consequences of an  infringement of a guarantee are always fully accounted for and at risk of the seller and that the seller can never claim article 6:75 BW in this respect. The provisions in the previous sentence also apply if the infringement was known to the buyer or could have been known by carrying out investigations.

3.   The said guarantee shall not apply where the defect has arisen as a result of injudicious or improper use or where - without consent - the buyer or third parties have made changes or attempted to make or have used the purchase for purposes for which it is not intended.

4.   If the guarantee provided by the seller relates to a business produced by a third party, the guarantee shall be limited to the guarantee which is being reduced by thatproducer.

 

Article 17: Applicable law and competent court

1. Only Dutch law applies to any agreement between the parties.

The Dutch court in the district where Global Property Cowboys is located/holds practice/holds office is exclusively competent to take note of any disputes between the parties, unless the law requires compelling otherwise.

3.   The applicability of the Enens  Purchase Treaty is excluded.

4.   Where, in legal proceedings, one or more provisions of these general conditions are considered to be unreasonably burdensome, the other provisions shall remain in force without prejudice to the provisions.

 

 

 Article 18 – Responsibility regarding returning items and payments regarding returning items

 

The client/customer is and will always be responsible for returning the items bought from Global Property Cowboys. Not until the send items are back in the warehouse of GPC and fully in its possession, only then this responsibility transfers from client/customer to GPC. Items damaged during return sending transport will not be compensated by GPC. The Client/customer is also responsible for the return costs charged by the shipping company of its coice. CPC partner shipping companies can carry out the return sending, but client/customer can choose otherwise. The article can be different if agreed otherwise by both parties GPC and client/customer, but only if and not before agreed upon otherwise.