General Terms and Conditions of Sale and Delivery HARLEKIJN IMPORT BV
Article 1.
Definitive General terms and conditions: These present general terms and conditions of Harlekijn Import BV. Agreement: An agreement whereby in the context of a Harlekijn Import BV organized system for distance sales of products, up to and including the conclusion of the Agreement, only one or more techniques for distance communication are used. Customer: The (potential) customer of the products delivered by Harlekijn Import BV. The customer is a counterparty acting in the exercise of a profession or business. Harlekijn Import BV: The legal entity that offers products to Customers. The identity of Harlekijn Import BV is included in
Article 2.
Article 2. Identity of Harlekijn Import BV. Harlekijn Import BV Cornelis Verolmeweg 10, 2171KV Sassenheim, Telephone number: +31252229125, E-mail: info@harlekijnimportbv.nl ,Chamber of Commerce number: 08068311, VAT identification number: NL805683112B01
Article 3. Applicability
3.1 These General Terms and Conditions apply to every offer from Harlekijn Import BV and to every Distance Agreement and orders concluded between Harlekijn Import BV and the Customer.
3.2 Before the Agreement is concluded, the text of these General Terms and Conditions will be made available to the Client. If this is not reasonably possible, Harlekijn Import BV will indicate, before the Agreement is concluded, how the General Terms and Conditions can be viewed and that they will be sent free of charge at the request of the Customer. 3.3 If one of the provisions of the General Terms and Conditions is null and void, is voidable or is annulled, the other provisions will remain in force and be immediately replaced by a provision that approximates the purport of the original provision as closely as possible. 3.4 The applicability of special purchase conditions, (general or specific) sector purchase conditions, or the general terms and conditions or other stipulations to which the Customer refers in whatever form is excluded, except if and insofar as these have been expressly accepted in writing by Harlekijn Import BV. 3.5 If the Agreement is concluded subject to the applicability of these General Terms and Conditions, these terms and conditions will also apply in full to future agreements between the same parties.
Article 4. The offer
4.1 All offers, including quotations, brochures and price lists, are without obligation and can be revoked, even after acceptance of the offer by the Customer. A notification of this will be sent to the Customer within 5 working days after receipt of the order. 4.2 The indicated prices are exclusive of turnover tax (VAT) and other government charges pertaining to the sale and delivery, unless stated otherwise. 4.3 The indicated prices are exclusive of shipping costs, delivery costs and / or call-out costs, unless stated otherwise. The shipping costs within the Netherlands are free for orders above € 400.00 (excl. VAT); for orders below this amount € 15.00 postage and administration costs will be charged. The minimum order amount is € 200.00. (excl. VAT) + € 15.00 in costs. 4.4 Harlekijn Import BV reserves the right to adjust the ordered quantities to the applicable packaging units. 4.5 All goods are shipped at the risk of the Customer. If the received packages are not delivered in good condition, the Customer must report this to the carrier upon signing. This must also be communicated to Harlekijn Import BV within 24 hours. 4.6 Harlekijn Import BV cannot be held to its offer if the Customer can reasonably understand that the offer, or any part thereof, contains an obvious mistake or clerical error. 4.7 The offer contains a complete and accurate description of the product offered. The images and specifications are indicative and cannot give rise to compensation or termination of the Agreement. 4.6 Each offer contains such information, so that it is clear to the Customer what rights and obligations are attached to accepting the offer.
Article 5. The Agreement
5.1 The Agreement is concluded by means of acceptance by the Customer of the offer and the conditions attached to it. 5.2 If the Customer has accepted the offer electronically, Harlekijn Import BV will immediately confirm receipt of the acceptance of the offer electronically. 5.3 If the Agreement is concluded electronically, Harlekijn Import BV will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Client will pay electronically, Harlekijn Import BV will observe appropriate security measures. 5.4 All Agreements are entered into under the suspensive condition of sufficient availability of the products concerned. 5.5 Resale of goods from Harlekijn Import BV is not permitted without written permission from Harlekijn Import BV, unless this is customary within the normal business operations of the Customer.
Article 6. Payment
6.2 Harlekijn Import BV only uses invoices to pay for orders from Customers. 6.2 For a new Customer, the order must be at least € 400.00 excluding VAT and the total order amount must be paid in advance via a pro forma invoice drawn up by Harlekijn Import BV. 6.3 For a Customer who is not established in the Netherlands or Belgium, the total order amount must be paid in advance via a pro forma invoice drawn up by Harlekijn Import BV. 6.4 Unless otherwise agreed, the Client must transfer the amount due to Harlekijn Import BV within 30 days, in the manner that Harlekijn Import BV has communicated to the Client. 6.5 The Customer has the duty to report inaccuracies in provided or stated payment details to Harlekijn Import BV without delay. 6.6 In the event of non-payment by the Client, Harlekijn Import BV has the right to charge the reasonable costs made known to the Client in advance. If Harlekijn Import BV is forced to hand over the claim to a collection agency due to payment arrears on the part of a Client, all claim costs, plus statutory interest, will be charged to the Client. 6.7 If the Client has not paid the due and payable claims, Harlekijn Import BV is entitled to take back the goods without notice of default and without judicial intervention. In that context, the Client is obliged to grant Harlekijn Import BV access to all areas in use in its company, all this without prejudice to Harlekijn Import BV's right to claim compensation from the Client. 6.8 Also in the event of suspension of payment, application for suspension of payment, bankruptcy or liquidation of the Client's company, Harlekijn Import BV has the right described in article 6.5. 6.9 Harlekijn Import BV retains ownership of all goods delivered by it until full payment has been made for all goods delivered by it to the Customer.
Article 7. Right of withdrawal
7.1 The Customer must check the delivered products immediately upon receipt. 7.2 If the delivery does not or not fully comply with the Agreement, the Customer must notify Harlekijn Import BV of this in writing (preferably by e-mail) within 8 days. 7.3 Harlekijn Import BV will assess the notification under paragraph 2 and immediately contact the Customer to resolve the notification.
Article 8. Fulfillment of the Agreement and extra guarantee
8.1 Unless explicitly agreed otherwise, the delivery time is only approximate and can never be regarded as a deadline. Exceeding the delivery time does not under any circumstances entitle the Customer to compensation. Nor can the Customer claim dissolution of the Agreement in this respect. 8.2 Harlekijn Import BV guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the Agreement and / or government regulations. If agreed, Harlekijn Import BV also guarantees that the product is suitable for other than normal use. 8.3 An additional guarantee provided by Harlekijn Import BV, its supplier, manufacturer or importer never limits the legal rights and claims that the Customer can assert against Harlekijn Import BV under the Agreement if Harlekijn Import BV has failed to fulfill its part. of the Agreement. 8.4 No claim can be made under warranty if: a.changes have been made in or to the article; b. there is normal wear and tear; c. the instructions for use have not been observed, or damage due to intent or gross negligence has been made; d. there is an external calamity, such as, but not limited to, lightning strike, power failure etc; e. the Client has not timely informed Harlekijn Import BV or has not given the opportunity to investigate and repair the defect in a timely manner; f. the Customer remains in default and does not fulfill his obligations on time, including the payment of the order.
Article 9. Liability
9.1 Harlekijn Import BV cannot be held liable for damage as a result of incorrect, careless or incompetent use of the delivered products. 9.2 Harlekijn Import BV is only liable for direct damage as a result of intent or gross negligence on the part of Harlekijn Import BV if the defect falls within the warranty and / or the warranty periods. 9.3. Harlekijn Import BV's liability is limited to replacement of the defective good delivered or a part thereof, or to a refund of the agreed price or proportional part thereof, all at the discretion of Harlekijn Import BV. 9.4 Insofar as Harlekijn Import BV can rely on liability insurance, the liability will be limited to the amount that is paid out in the case in question under the liability insurance it has taken out. 9.5 Harlekijn Import BV cannot be held liable for indirect and / or consequential damages. 9.6 Barring the provisions of article nine, Harlekijn Import BV is never liable for any damage whatsoever, including trading loss that may arise for the Client from the Agreement concluded with Harlekijn Import BV. 9.7 The Client indemnifies Harlekijn Import BV in this matter against claims from third parties. 9.8 Claims and defenses of Customers with regard to defects lapse one year after the date of delivery.
Article 10. Force majeure
10.1 The Agreement can be suspended in case of force majeure. Harlekijn Import BV will immediately notify the Customer if it has been made impossible for him to continue to fulfill his obligations under the Agreement due to an event or situation arising from circumstances beyond any control and which cannot reasonably be foreseen. In that case, the Agreement will be suspended due to force majeure. 10.2 If this period lasts longer than 30 days, then each of the parties is entitled to dissolve the Agreement, and only for that part of the obligations that have not yet been fulfilled. In that case, the parties are not entitled to compensation for damage suffered or to be suffered as a result of the dissolution.
Article 11. Suspension and dissolution
11.1 Parties are entitled to terminate the Agreement with immediate effect and / or to immediately suspend their obligations under the Agreement, if there is an urgent reason to do so. In any case, this is the case if the other party: a. has been declared bankrupt; b. (provisional) moratorium is granted; c. has shut down its business or is in the process of liquidation; d. despite a summons, does not or not sufficiently fulfill the obligations under the Agreement or that it is reasonable to assume that they will not be fulfilled; e. is guilty of acts in violation of laws and regulations or improper conduct, as a result of which the other party cannot reasonably be expected to continue the Agreement. 11.2 If the Agreement is dissolved, the claims of Harlekijn Import BV on the Customer are immediately due and payable. If Harlekijn Import BV suspends fulfillment of the obligations, it will retain its rights under the law and Agreement.
Article 12. Complaints procedure
12.1 Complaints about the performance of the Agreement must be submitted fully and clearly described to Harlekijn Import BV within 8 days, after the Customer has discovered the defects. 12.2 Complaints submitted to Harlekijn Import BV will be answered within a period of 30 days, calculated from the day of receipt of the complaint. If a complaint requires a longer processing time, this will be communicated by Harlekijn Import BV to the Customer, with an indication of when the answer can be expected.
Article 13. Data processing Harlekijn Import BV will take appropriate measures in the performance of the Agreement to guarantee the confidentiality of the customer relationship and to this end complies with the General Data Protection Regulation (GDPR). Harlekijn Import BV processes the personal data of the Customer in accordance with the privacy statement published on the website.
Article 14. Applicable law and disputes
14.1.1 All agreements between Harlekijn Import BV and the Customer are in Dutch Applicable law. Only the Dutch court has jurisdiction to hear a dispute. 14.1 The Vienna Sales Convention does not apply to the Agreement. 14.2 If a disputes body is competent in this matter, the dispute can also be submitted to that body.
Article 15. Entry into force and location General terms and conditions 1
5.1 These General Terms and Conditions come into effect on 1 June 2020 and thus replace all previous General Terms and Conditions of Harlekijn Import BV. 15.2 The General Terms and Conditions have been filed with the Chamber of Commerce.
