Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE, DELIVERY AND PAYMENT
SSK Brands is established at Gijsbrecht van Ijselsteinstraat 105, 1082KG Amsterdam. It is registered in the trade register of the Chamber of Commerce under number 88154483
ARTICLE 1 APPLICABILITY
1.1. These terms and conditions apply exclusively to all offers, quotations and order confirmations from, agreements with and deliveries by SSK Brands, hereinafter referred to as “the seller”.
1.2. The buyer can only invoke deviating and/or additional stipulations if and insofar as they have been expressly accepted in writing by the seller. In that case, any deviation from these terms and conditions will only apply to that particular transaction.
1.3. A reference by the buyer to its own general terms and conditions of purchase or other terms and conditions is not accepted by the seller.
ARTICLE 2 · OFFERS AND QUOTES
2.1. All offers and quotations from the seller, as well as data in price lists and brochures, are valid for a period of thirty (30) days and exclusive of turnover tax, unless the seller has expressly stated otherwise in its quotation to the buyer.
ARTICLE 3 AGREEMENTS
3.1. Agreements are only concluded by a written order confirmation from the seller or because the seller complies in whole or in part with an order for delivery from the buyer.
3.2. In the case of an order for delivery in several parts, the agreement is deemed to have been concluded in its entirety if the first partial or partial delivery takes place.
ARTICLE 4 · PRICE
4.1. All prices stated by the seller and the prices agreed with the seller are net, therefore exclusive of turnover tax and all other charges and costs associated with the delivery and execution.
4.2. If after the conclusion of the agreement one or more cost price factors undergo an increase, the seller is entitled to adjust the prices of the goods to be delivered by the seller accordingly, even if this had happened as a result of foreseeable circumstances when the contract was concluded. agreement.
ARTICLE 5 · DELIVERY AND RISK
5.1. Delivery is deemed to have taken place:
- if goods are collected by or on behalf of the buyer: by receipt of the goods;
- in case of shipment or transport by a means of transport of the seller or a carrier engaged by the seller;
- if the actual delivery of the goods does not take place from the seller's business premises: at the time the goods leave this other location.
5.2. Unless expressly agreed otherwise, the goods are delivered ex warehouse.
5.3. The goods are for the account and risk of the buyer from the time of delivery ex warehouse; also in the case of free delivery.
5.4. The risk of damage during or in connection with the transport of the goods is for the buyer. If desired, the buyer must ensure that the goods are adequately insured. The seller has no liability in this regard.
5.5. In the event that the goods are delivered to a third party at the request of the buyer, the buyer remains liable for the purchase price for these goods.
5.6. The seller reserves the right to deliver cash on delivery.
5.7. If the goods have not been paid for within 4 days after ordering, the seller is exempt from delivery of those goods. In that case, the buyer owes the seller an administrative fine as defined by the seller.
ARTICLE 6 · DELIVERY TIME
6.1. Specified delivery times are always considered to have been made approximately and never as a strict deadline.
6.2. If no delivery time has been agreed, the buyer must grant the seller a period of at least one month in writing to still perform, before the buyer can invoke the exceeding of the delivery time.
6.3. Exceeding the delivery time does not entitle the buyer to dissolution or to claim compensation.
ARTICLE 7 · CALL AND PURCHASE
7.1. A call-off order is understood to mean an order in which the time of delivery is made dependent on a call-off by the buyer. If nothing has been agreed with regard to the time of call-off, the delivery date or the last day of the delivery period shall apply as such.
7.2. In the case of a call-off order, unless otherwise agreed, delivery must take place within a period of 30 working days after receipt of the written call-off by the buyer.
7.3. If the buyer has not called off within 4 weeks after the call-off period or at least after the delivery date or last day of the delivery period, the seller is exempt from delivery and the buyer owes an administrative penalty of € 50 per call-off order.
ARTICLE 8 · PAYMENT
8.1. Unless otherwise agreed, all payments must be made without any deduction, discount or set-off within 7 days of the invoice date to a bank account to be specified by the seller. Risks and costs associated with giro or bank payment, as well as costs associated with payment by means of documentary credit, are borne by the buyer.
8.2. Payments made by the buyer always firstly serve to settle all interest and costs owed and secondly to payable invoices that have been outstanding the longest, even if the buyer states that the payment relates to a later invoice.
8.3. If the buyer does not pay any amount owed by him on time on the basis of the foregoing, the buyer will be in default by operation of law, without any prior notice of default being required. In that case, the buyer owes interest of 2% per month from the due date as well as the extrajudicial collection costs, which are fixed at 15% of the amount due with a minimum of € 250. The indebtedness of extrajudicial collection costs does not affect the indebtedness of judicial and execution costs. In the event of bankruptcy, suspension of payment or inability to pay on the part of the buyer or in the event of the liquidation of his company, the seller has the right to immediately claim and collect all amounts still due.
ARTICLE 9 · RETENTION OF TITLE
9.1. Until full payment of the payments owed by the buyer to the seller in respect of an agreement concluded between the parties, the seller retains ownership of all goods delivered by him, as security for the payment of all that is due to him, nothing excepted; the buyer will therefore not be allowed to alienate, lend, pledge or mortgage the goods delivered to him under this agreement, nor rent out, lend or in any way or which title whatsoever from his business, unless he carries on a business as a reseller, the purpose of which is to sell, in which case he is entitled to such sales.
9.2. The seller, in respect of whom a buyer has failed to perform, has the right to consider this failure to comply as having been committed with regard to all current agreements with the seller. In the event of a shortcoming in the performance, the seller has the right to partially maintain the agreement.
ARTICLE 10 PLEDGE
In the event of resale to a third party of the goods delivered by the seller to the buyer and unpaid by the buyer, the buyer is obliged, immediately after the buyer's claim against a third party arises, to pledge this claim to the seller up to a maximum of the amount for which the seller sold the goods to the buyer, as security for the payment of the purchase price to the seller.
ARTICLE 11 FORCE MAJEURE
11.1. A shortcoming in the fulfillment of the agreement, which cannot be attributed to the seller, is any circumstance that the seller did not reasonably have to take into account when entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be affected by the may be required by the seller, including strikes and defaults on the part of its suppliers, defaults or defaults on carriers used in the performance of the agreement, strikes and calamities such as fire at the seller's premises.
11.2. If the force majeure will be of a temporary nature, the parties have the right to suspend the performance of the agreement until the circumstance causing the force majeure no longer occurs.
11.3. If the force majeure is of a permanent nature, the agreement will be dissolved as a result.
ARTICLE 12 · COMPLAINTS
12.1. Complaints regarding externally visible and other defects must be submitted to the seller in writing within 10 working days after actual delivery. If these terms are exceeded, all rights of claim in this respect will lapse.
12.2. Any right to complain lapses when the goods have been put into use in whole or in part. For the purposes of this provision, each partial delivery is regarded as a separate delivery. The buyer is not entitled to return goods about which he is complaining without the seller's permission. In the event of damage to the packaging, the buyer must report this to the seller within 24 hours of receipt of the goods.
ARTICLE 13 · RETURNS
13.1. Returns without the prior consent of the seller are not permitted. If they nevertheless occur, all costs associated with the shipment will be borne by the buyer. In that case, the seller is free to store the goods at the expense and risk of the buyer with third parties or to keep them at the buyer's disposal. Return shipments that have not been accepted by the seller do not release the buyer in any way from payment obligations. With regard to the actual costs arising from or in connection with return shipments and the measures taken by the seller as a result thereof, its specified statement is binding on the buyer, subject to evidence to the contrary.
13.2. Return shipments, which are the result of an incorrect order by the buyer, will be credited after acceptance by the seller, subject to deduction of 10% for costs incurred, with a minimum of € 50 per case. Return shipments are at the buyer's expense, except in the event that they occur as a result of an error on the part of the seller.
ARTICLE 14 LIMITATION OF LIABILITY
14.1. The seller is not liable for the actions of subordinates and/or third parties that it uses in the performance of the agreement.
14.2. If the seller is liable for consequential damage, for whatever reason, this will be limited to the insured sum of the liability insurance taken out by the seller, if this liability can be insured on acceptable terms. For the rest, the liability is limited to the invoice value of the goods.
ARTICLE 15 · DISPUTES AND APPLICABLE LAW
15.1. Dutch law applies to all obligations between the parties.
15.2. Any disputes arising from or in connection with the agreements concluded between the parties will be exclusively settled by the competent court in Amsterdam, unless the seller prefers to submit the dispute to the legally competent court.