General terms and conditions
Concept Direct, registered with the Chamber of Commerce under number 66159539
Art. 1. Applicability
- All offers are made subject to a declaration of applicability of these general terms and conditions of delivery and payment, both for the offer and its acceptance and for the agreement thus concluded.
- All quotations are valid for one month, unless the quotation states otherwise.
- The contract is concluded as soon as the acceptance of the offer has reached the seller; this acceptance must show that the buyer agrees to the declaration of applicability of these general terms and conditions of delivery and payment and, if necessary, waives the declaration of applicability of his own purchasing conditions.
- If reservations or alterations are made in the acceptance in relation to the quotation, contrary to the provisions of the previous paragraph, the contract shall only be concluded if the seller has informed the buyer that it agrees to these alterations to the quotation.
- These general terms and conditions apply to all purchase agreements that are concluded (even if the purchase agreement is concluded in a digital manner, whether or not via a website).
Art. 2. Amendments
- Amendments to the purchase agreement and deviations from these general terms and conditions of sale will only be effective if they have been agreed in writing or by email between the buyer and the seller.
- In the absence of an agreement on the change of the purchase price, there is a dispute between the parties to which article 17 of these general terms and conditions of sale applies.
Art. 3. Storage
- If for any reason the buyer is unable to take delivery of the goods at the agreed time and they are ready for dispatch, the seller shall, if his storage facilities permit, at the buyer's request keep the goods, secure them and take all reasonable steps to prevent their deterioration until they have been delivered to the buyer.
- The buyer shall be obliged to pay the seller the storage costs at the seller's usual rate or, in the absence thereof, at the rate usual in the industry, as from the time that the goods are ready for shipment, or, if that is a later time, as from the delivery date agreed in the purchase agreement.
Art. 4. Transfer of ownership and risk
- Subject to the provisions of paragraphs 2 and 4 of this article, the ownership of and the risk in the goods shall pass to the buyer on delivery.
- As long as the buyer has not paid the full amount of the purchase price and any additional costs or has not provided security for this, the seller reserves the ownership of the goods. In that case, the ownership will pass to the buyer as soon as the buyer has fulfilled all his obligations towards the seller.
- If the seller has any reasonable doubt as to the buyer's ability to pay, the seller shall be entitled to postpone delivery of the goods in accordance with article 4, paragraph 2, until the buyer has provided security for the payment. The buyer shall be liable for any damage suffered by the seller as a result of this delayed delivery.
Art. 5. Time of delivery
- The seller shall deliver the goods at the time or immediately after the end of the delivery period stated in the order. If a delivery period has been agreed, it shall start on the date on which the seller has confirmed the order.
Art. 6. Force majeure
- The delivery period referred to in article 5 shall be extended by the period during which the seller is prevented from fulfilling his obligations as a result of force majeure.
- Force majeure shall be deemed to exist on the part of the vendor if, after the conclusion of the purchase agreement, the vendor is prevented from fulfilling his obligations under this agreement or the preparation thereof as a result of war, threat of war, civil war, terrorism, riots, acts of war, fire, water damage, flooding, strikes, sit-down strikes, lockouts, import and export restrictions, government measures, defects in machinery, disruptions in the supply of energy, all this both in the vendor's company and in the companies of third parties from which the vendor has to obtain all or part of the necessary materials or raw materials, as well as during storage or transport, whether or not under his own management, and furthermore due to all other causes that arise through no fault of the vendor.
- If delivery is delayed by more than two months due to force majeure, both the seller and the buyer are entitled to regard the agreement as terminated. In that case the seller is only entitled to compensation for the costs he has incurred. The buyer is not entitled to compensation.
- If the force majeure arises while the agreement has already been partly carried out, the buyer, if as a result of force majeure the remaining delivery is delayed by more than two months, is entitled either to keep the part of the goods already delivered and to pay the purchase price owed for that part, or to regard the agreement as terminated, also with regard to the part already carried out, subject to the obligation to return what has already been delivered to the seller at the buyer's expense and risk, if the buyer can demonstrate that the part of the goods already delivered can no longer be used effectively by the buyer as a result of the failure to deliver the remaining goods.
Art. 7. Warranty
- Manufacturer's guarantee on parts: If parts of the goods are guaranteed by the manufacturer and that guarantee continues to apply after the parts have been incorporated into the goods sold, the purchaser may invoke this guarantee by written notification to the seller, unless the defect is the result of the purchaser using the goods contrary to the instructions for use provided with them or otherwise making a mistake when using them. The service costs incurred by vendor shall be borne by purchaser. The warranty periods differ per product and can be requested from the seller. Seller itself does not provide a product warranty unless otherwise indicated.
- Warranty on installation: Seller gives 6 months warranty on installation errors. This means that the vendor must ensure that installation errors are rectified and that the costs of rectification are borne by the vendor. This warranty is void if purchaser has used the goods contrary to the instructions provided or otherwise makes a mistake in the use.
Art. 8. Liability
- Unless otherwise stipulated in these general terms and conditions, the seller is only liable for damage suffered by the buyer in the event of intent or deliberate recklessness.
- Buyer is responsible for connecting the goods to his computer network.
Art. 9. Price and payment
- The purchase price includes, in addition to the price of the goods, the costs of packaging, transport and delivery to the place designated by the purchaser within the Netherlands. The following exclusions apply: 230V power supply and network connection: The purchaser must ensure that a 230V power supply and network connection are available at the correct location. Parking: Purchaser shall provide a parking space for (service) technician free of charge within a radius of maximum 75 meters from the entrance. The Seller shall charge any costs otherwise incurred. In case of mounting/delivery on a floor: The Purchaser shall make a lift available. If the use of a lift is in any way not possible, extra costs will be charged, unless otherwise agreed in advance in writing or by e-mail. Small material not directly belonging to the standard method of product assembly is at buyer's expense.
- All prices quoted by the Seller in quotation(s), email(s), website(s), brochure(s) etc. are exclusive of VAT, unless otherwise indicated.
- The buyer is obliged to pay 50% of the purchase price at the time the order is placed, 40% of the purchase price before the installation and delivery of the products begins (the amount must be in the seller's account one day before the installation begins) and 10% plus any costs incurred under Article 9.1 within 7 days of delivery. He is not authorised to deduct any amount from this purchase price on account of a counterclaim made by him.
- If the buyer does not meet his payment obligations on time and does not comply with a one-week notice of default, the seller is entitled to regard the purchase agreement as dissolved without legal intervention. In that case the buyer will be liable for the damage suffered by the seller, including loss of profit, transport costs and the costs of the notice of default.
- If the seller proceeds to extrajudicial measures in the event of default by the buyer, the costs thereof will be borne by the buyer. These are the costs over the principal sum in accordance with the Decree on the compensation of extrajudicial collection costs of 1 July 2012. These extrajudicial costs amount to a minimum of € 250 and a maximum of € 6,775, depending on the principal sum.
- The buyer, who makes use of his authority to store as referred to in art. 3, remains obliged to pay the purchase price at the time stated in paragraph 2.
- At the vendor's first request, the buyer who has not fulfilled his payment obligations on time shall provide further securities.
Art. 10. Dissolution
- Without prejudice to the provisions of Article 9, paragraph 3, the contract of sale shall be dissolved without judicial intervention after a written statement is made at the time when the buyer is declared bankrupt, requests a provisional suspension of payments, or when a request by the seller, natural person, is granted by the court for the application of a debt rescheduling scheme, or when he loses the power of disposition of his assets or parts thereof due to attachment, placement under curatorship or in any other way, unless the curator or administrator acknowledges the obligations arising from this contract of sale as a debt of the estate.
- As a result of the dissolution, any claims existing on both sides shall become immediately due and payable. The buyer is liable for the damage suffered by the seller, including loss of profit and transport costs.
Art. 11 Auxiliary persons
- The purchaser is permitted to engage one or more auxiliary persons for the manufacture or installation of the goods.
Art.12. Applicable law
- This agreement is subject to Dutch law. The Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, Vienna, 11 April 1980, Bulletin of Acts and Decrees 1981, 184 and 1986, 61) shall not apply to this agreement.
Art. 13. Applicability of these general terms and conditions
- These general terms and conditions apply to all offers and acceptances from the seller. Insofar as the Seller refers in its offer or acceptance to other conditions, their applicability is expressly rejected.
Art. 14. Disputes
- All disputes which may arise between the parties, as a result of their agreement or further agreements and other acts in connection with the present agreement such as, for example, but not exclusively, unlawful acts, undue payments and unjustified enrichments, shall be settled by the District Court in Rotterdam, except in so far as mandatory rules of jurisdiction would impede this choice.
- A dispute shall be deemed to exist as soon as one of the parties so declares.