General terms and conditions for delivery to consumers are only valid for purchase and distance delivery via our webshop www.graziozo.com
Drug administration 15
5435 XT Sint Agatha
Henceforth be known as: user
items 1 Definitions
1. In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.
User: the user of the general terms and conditions;
The consumer: a counterparty who is a natural person and does not act in the course of a business or profession;
Agreement: the agreement between the user and the consumer;
By consummentenkoop: the agreement to buy and sell with regard to movable property, which is concluded by a seller acting in the exercise of a profession or business and a consumer, a natural person, who does not act in the exercise of a profession or business.
items 2 General
1. These conditions apply to every offer, quotation and agreement between the user and the consumer to which the user has declared these conditions applicable, insofar as the parties have not deviated from these terms and conditions explicitly and in writing.
2. The present conditions also apply to agreements with the user, for the implementation of which third parties must be involved.
3. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
items 3 Offers and quotes
1. All offers and quotations are without obligation and are made in any written form, unless user to practical, for urgent or other reasons not to make a written offer. The offer provides for a date or date, or can be determined by date.
2. User is only bound by offers and quotations if they are accepted by the consumer, preferably in writing, within 30 days. The prices stated in a quotation include VAT, unless indicated otherwise.
3. User can not be held to his offers and quotations if the consumer, in terms of reasonableness and fairness and generally accepted views, should have understood that the offer or quotation or any part thereof contains an obvious mistake or clerical error.
4. If the acceptance (on minor points) deviates from the offer included in the quotation, the user is not bound by it. In that case, the agreement will not be concluded in accordance with this deviating acceptance, unless user specifies otherwise.
5. A composite quotation does not oblige the user to deliver part of the items included in the offer or quotation for a corresponding part of the stated price..
6. Offers or quotations do not automatically apply to repeat orders.
items 4 Realization of the agreement
1. The agreement is concluded through timely acceptance by the consumer of the user's offer.
items 5 Delivery
1. Unless otherwise agreed, is delivered ex works / shop / warehouse of user.
2. The consumer is obliged to accept the purchased goods at the time when they are available or handed over to him.
3. If the consumer refuses to take delivery or is negligent in providing information or instructions, necessary for delivery, the items intended for delivery will be stored at the risk of the consumer after the user has notified him. In that case, the consumer will owe all additional costs.
4. User and consumer agree on delivery, then delivery of purchases is free of charge, unless the user has notified the consumer of the established conditions when concluding the agreement. The user reserves the right to invoice the delivery costs separately upon delivery.
5. If it has been agreed that delivery will be carried out in stages, the user can suspend the execution of those parts that belong to a following stage until the consumer has approved the results of the preceding stage in writing.
6. If the user requires information from the consumer in the context of the performance of the agreement, the delivery time commences after the consumer has made it available to the user.
7. If the user has specified a term for delivery, it is indicative. A specified delivery time is therefore never a strict deadline. However, the final delivery time will never exceed the specified delivery time by more than one week, unless there is force majeure. If a term is exceeded, the consumer must give the user notice of default in writing.
8. The user cannot be obliged to deliver the goods ordered by the consumer, if this is sold out or no longer available.
items 6 Guarantee
1. User guarantees that the goods to be delivered meet the usual requirements and standards that can be imposed on them and are free from any defects.
2. The under 1. The aforementioned guarantee also applies if the goods to be delivered are intended for use abroad and the consumer has explicitly notified the user of this use in writing at the time of entering into the agreement..
3. The under 1. said warranty is valid for a period of 12 months after delivery.
4. User provides the consumer with a written warranty certificate. Failing this, the proof of purchase will serve as proof of the warranty.
5. If the goods to be delivered do not meet these guarantees, the user will return the goods within a reasonable period of time after receipt thereof, if return is not reasonably possible, after written notification of the defect by the consumer, at the option of the user replace or arrange for repair. In the event of replacement, the consumer undertakes now to return the replaced good to the user and to transfer ownership thereof to the user..
6. The aforementioned guarantee does not apply if the defect has arisen as a result of injudicious or improper use or when, without written permission from the user, the consumer or third parties have made changes or attempted to make changes to the good or have used them for purposes for which the good is not intended.
7. If the delivered item does not correspond with what was agreed and this non-conformity is a defect within the meaning of the product liability regulation, then the user is not liable for the resulting consequential damage.
8. The provisions in these general terms and conditions regarding warranty, does not affect the warranty claims of the consumer under the law, everything with due observance of the provisions of these general terms and conditions and the agreement, including the nature and quality of what has been sold and delivered to the consumer.
items 7 Samples and models
1. If a model or sample has been shown or provided to the consumer by the user, then the user guarantees that the matter corresponds with it, unless providing or showing was a method of indication.
items 8 Retention of title
1. The user remains the full owner of the delivered item until the purchase price has been paid in full.
items 9 Research, commercials
1. The consumer is obliged to deliver at the time of (of)delivery, but in any case within the shortest possible term (to do) to research. In addition, the consumer should investigate whether the quality and quantity of the delivered goods correspond with what has been agreed, at least meets the requirements set in the normal (commercial) traffic apply.
2. Any visible shortages must be reported to the user in writing within three days after delivery, this with simultaneous submission of the warranty certificate and the defective item., unless this is impossible or unreasonably onerous.
3. A non-visible defect must be submitted to the consumer within eight days of discovery, yet to be reported to the user within the warranty period, with due observance of the provisions of the previous paragraph of this article. After expiry of the warranty period, user is entitled to all costs for repair or replacement, including administration, send- and charge call-out charges.
4. If a complaint is made in time pursuant to the previous paragraph, the consumer remains obliged to purchase and pay for the purchased goods. The consumer wishes to return defective goods, this will be done with the prior written consent of the user and in the manner indicated by the user.
items 10 Risk transition
1. The risk of loss or damage to the products that are the subject of the agreement, transfers to the consumer at the moment at which they are legally and / or factually delivered to the consumer and are thus placed under the control of the consumer or of a third party to be designated by the consumer.
items 11 Price increase
1. If the user agrees a certain price with the consumer at the conclusion of the agreement, the user is nevertheless entitled to increase the price, even if the price was not originally quoted with reservation.
2. If a price increase takes place within three months after the conclusion of the agreement, the consumer can dissolve the agreement by means of a written statement regardless of the percentage of the increase, unless
– the price increase arises from a power or an obligation resting on the user by law or
– if it is stipulated that the delivery will take place longer than three months after the purchase.
items 12 Payment
1. Unless otherwise agreed, payment must be made net in cash on delivery. Orders via the website or by prepayment (iDeal) to be paid or by cash on delivery increased with the indicated postage costs.
2. If payment is not made in cash, it must be made within 14 days after the invoice date, in a manner to be specified by the user and in the currency in which the invoice was made.
3. Objections to the amount of the invoices do not suspend the payment obligation.
4. After the expiration of 14 days after the invoice date, the consumer is in default by operation of law; from the moment of default, the consumer owes interest on the amount due 1% per month, unless the legal interest is higher, in which case the legal interest applies.
5. In case of bankruptcy, suspension of payment or receivership, the claims of the user and the obligations of the consumer towards the user are immediately due and payable.
6. User has the right to have the payments made by the consumer stretch in the first place to reduce the costs, then deducting the interest due and finally deducting the principal and accrued interest.
User can, without being in default, refuse an offer to pay, if the consumer indicates a different order of allocation.
User can refuse full payment of the principal, if the accrued and accrued interest and costs are not also paid.
items 13 Suspension and dissolution
1. User is authorized to suspend fulfillment of the obligations or to dissolve the agreement, if:
– The consumer does not or not fully fulfill the obligations under the agreement.
– after the conclusion of the agreement, the user becomes aware of circumstances that give good reason to fear that the consumer will not fulfill his obligations. If there are good grounds to fear that the consumer will only partially or improperly fulfill his obligations, suspension is only permitted insofar as the shortcoming justifies it.
– the consumer was asked to provide security for the fulfillment of his obligations under the agreement when the contract was concluded and this security is not provided or insufficient.
2. Furthermore, the user is authorized to accept the agreement (to do) dissolve if circumstances arise of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if circumstances otherwise arise that are of such a nature that unaltered maintenance of the agreement is not reasonably permitted are expected.
3. If the agreement is dissolved, the claims of the user on the consumer are immediately due and payable. If the user suspends the fulfillment of the obligations, he retains his rights under the law and agreement.
4. User always reserves the right to claim compensation.
items 14 Collection costs
1. Is the consumer in default or in default with the fulfillment of one or more of his obligations, then all reasonable costs incurred to obtain settlement out of court will be borne by the consumer. If the consumer fails to pay a sum of money on time, then he forfeits an immediately due and payable fine 15% on the amount due. This with a minimum of € 50,00.
2. If the user proves to have incurred higher costs, which were reasonably necessary, these are also eligible for reimbursement.
3. Any reasonable judicial and execution costs incurred are also borne by the consumer.
4. The consumer owes interest on the collection costs incurred.
items 15 Disclaimers
1. The consumer indemnifies the user against claims from third parties with regard to intellectual property rights on materials or data provided by the consumer, that are used in the performance of the agreement.
2. If the consumer provides information carriers to the user, electronic files or software etc.. provided, it guarantees that the information carriers, electronic files or software are free of viruses and defects.
items 16 Intellectual Property and Copyright
1. Without prejudice to the other provisions of these general terms and conditions, the user reserves the rights and powers that accrue to the user under the Copyright Act..
2. The consumer is not allowed to make changes to the goods, unless it follows otherwise from the nature of the delivery or otherwise agreed in writing.
3. Any designs created by the user in the context of the agreement, sketch, drawings, films, software and other materials or (electronic) files, remain the property of the user, regardless of whether these have been made available to the consumer or third parties, unless otherwise agreed.
4. Any documents provided by the user, such as designs, sketch, drawings, films, software, (electronic) files etc., are exclusively intended to be used by the consumer and may not be reproduced by him without the prior consent of the user, disclosed or notified to third parties, unless the nature of the documents provided dictates otherwise.
5. The user reserves the right to use any knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
items 17 Liability
1. If goods delivered by the user are defective, the liability of the user towards the consumer is limited to what is stated in these conditions under “Guarantees” has been taken care of.
2. When the producer of a defective item is liable for consequential damage, then the liability of the user is limited to repair or replacement of the item, or refund of the purchase price.
3. Without prejudice to the above, the user is not liable if the damage is due to intent and / or gross negligence and / or act culpably, or improper or improper use by the consumer.
4. The limitations of liability for direct damage included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the user or his subordinates..
items 18 Force of the majority
1. The parties are not obliged to fulfill any obligation, if they are prevented from doing so as a result of a circumstance that is not attributable to fault, and neither by law, a legal act or generally accepted views are for their account.
2. Force majeure is understood in these general terms and conditions in addition to what is understood in this regard in law and case law, all external causes, foreseen or unforeseen, over which the user cannot influence, but as a result of which the user is unable to fulfill the obligations. This includes strikes in the company of the user.
3. User also has the right to invoke force majeure, if the circumstance that (further) prevents compliance, occurs after the user should have fulfilled his commitment.
4. During the period that the force majeure continues, the parties can suspend the obligations under the agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without obligation to pay compensation to the other party.
5. Insofar as the user has already partially fulfilled his obligations under the agreement at the time of the onset of force majeure, and the part fulfilled or to be fulfilled has independent value, User is entitled to invoice separately for the part already fulfilled or to be fulfilled. The consumer is obliged to pay this invoice as if it were a separate agreement.
items 19 Disputes
1. The judge in the user's place of business has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, the user has the right to submit the dispute to the competent court according to the law.
2. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation..
items 20 Applicable law
1. Dutch law applies to every agreement between the user and the consumer. The Vienna Sales Convention is expressly excluded.
2. In case of explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive.
items 21 Change, explanation and location of the conditions
1. These conditions have been filed at the office of the Chamber of Commerce in Hoorn.
2. In case of explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive.
3. The most recently filed version or version always applies. the version as it applied at the time of the conclusion of the agreement.