Artikel 1. Algemeen
Liebo
Korenbloemstraat 1
5409 AX Odiliapeel
tel: 06-27446033
kvk.nr. 1717.6710
btw.nr. NL150688933B02
1. These conditions apply to any tender offer and agreement between Liebo hereinafter referred to as "User", and a Party which user these conditions has stated, if these conditions are not expressly and in writing by the parties.
2. These conditions also apply to agreements with user, the execution of which user services of third parties.
3. These general conditions are also written for the employees of User and its management.
4. The applicability of any purchase or other conditions of the Other is explicitly rejected.
5. If one or more provisions of these terms at any time wholly or partially invalid or void, the remaining provisions of these terms and conditions apply in full. User and the Other Party will then discuss new provisions to agree to replace the invalid provisions, as much as possible the purpose and intent of the original provisions genomen.en observed.
6. If uncertainty exists regarding the interpretation of one or more provisions of these terms and conditions, you should find the explanation 'in the spirit' of these provisions.
7. If there is a conflict between parties arises which is not covered by these general conditions, this situation should be assessed in the spirit of these terms and conditions.8. If User does not require strict compliance with these conditions, this does not mean that its provisions do not apply, or that user to any degree would lose the right to otherwise demand strict compliance with the provisions of these terms .
Article 2 Offers and Deals
1 All bids and offers of user are free, unless a deadline for acceptance is made in the offer. A tender offer expires if the product to which the offer or the offer relates, in the meantime is no longer available.
2 User can not be held to its offers if the other party can reasonably understand that the bids or offers, or any part thereof, an obvious mistake or error.
3 The prices indicated in an offer are inclusive of VAT and other government levies, as well as possible in the context of making the contract costs, including travel and subsistence, and fees unless otherwise stated.
4 If the acceptance (whether or not to subordinate items) from the offer included in the offer or the offer then User is not bound. The agreement is not in accordance with said deviating acceptance, unless user indicates otherwise.5 A compound quotation shall not oblige user to execute part of the assignment against a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.
Article 3 Duration of the Contract; delivery, implementation and modification agreement; price
1. The agreement between User and the Other is for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. For the completion of certain activities or a period agreed or specified for the supply of certain goods, this is never a deadline. When a term is exceeded the Other User therefore written in default. User must be allowed a reasonable time to still implement the agreement.
3. User has the right to have certain work done by others.
4. User is entitled to execute the agreement in several phases and to invoice the parts separately.
5. If the agreement is implemented in phases User can implement those parts belonging to a following stage until the other party has approved the results of the preceding phase.
6. If user requires information from the other party for the implementation of the agreement, the execution period begins no earlier than after the Other it correctly and fully made available to the User.
7. If during the execution of the agreement shows that it is necessary for a proper implementation to amend or supplement, then parties will proceed swiftly and in mutual consultation to amend the agreement. If the nature, scope or content of the agreement, whether or not to request or indication of the Other, of the competent authorities et cetera, is amended and the contract would be qualitatively and / or quantitatively, this may have consequences for what was originally agreed. This may initially agreed amount can be increased or decreased. User will it as much as possible quotation. Through an amendment to the agreement, the initial period of implementation can be changed. The Customer accepts the possibility of amending the agreement, including the change in price and time of execution.
8. If the agreement is amended, including a supplement, User is entitled to them first to implement after it has been approved given by the authorized person within User and the other party has agreed to the price and other conditions for implementation , including the time then determine which implementation will take. Failure or not immediately implement the amended agreement does not breach of User and the Other is no reason to cancel the contract.
9. Without being in default, User can refuse a request to amend the agreement if it qualitatively and / or quantitatively, for example, could result for the provision in that context work or to be delivered.
10. If the other party in default should be in the proper performance of which he is held by the User, the other party is liable for all damages (including costs) to the side of User thereby directly or indirectly.11. If the User at the conclusion of the contract a certain price, then User under the following circumstances nevertheless entitled to increase the price, even if the price were not given subject.
- If the price increase is the result of an amendment to the agreement;
- If the price increase resulting from a user to accruing power user or an obligation under the law;
- In other cases, it being understood that the other party not acting in the exercise of a profession or business, shall be entitled to terminate the agreement by a written statement if the price exceeds 10% within three months after the close of the agreement, unless user then still willing to execute the agreement based on the originally agreed, or if stipulated that the episode is longer than three months after the sale will take place.
Article 4 Suspension, dissolution and termination of the agreement
1. User is authorized to suspend the fulfillment of the obligations or to terminate the agreement with immediate effect if:
- The Other obligations under the agreement, not fully or timely;
- After the conclusion of the contract user learns of circumstances giving good ground to fear that the other party will not fulfill its obligations;
- The other party in concluding the agreement was requested to provide security for the fulfillment of his obligations under the agreement and this security or insufficient;
- If the delay on the part of the Other no longer user can be expected that it will honor the agreement against the originally agreed conditions, User is entitled to terminate the agreement.
- If circumstances arise of such a nature that fulfillment of the contract impossible or unaltered maintenance of the agreement not reasonably User may be required.
2. If the dissolution is attributable to the Other, User is entitled to compensation for damages, including costs, thereby directly and indirectly.
3. If the agreement is dissolved, the user's claims against the other party due immediately. If user suspends fulfillment of his obligations, he retains his rights under the law and agreement.
4. If user on the grounds mentioned in this article proceeds to suspension or dissolution, he is consequently in no way liable for damages and costs incurred in any way or compensation, while the Other, by virtue of default, or for damages or compensation is required.
5. If the agreement is terminated by User, User will in consultation with the Other arrange for transfer of additional work to third parties. Unless the termination is attributable to the Other. Unless the interim end user is attributable to, the costs of transfer to the Other charged. User shall inform the other party as much as possible in advance concerning the magnitude of these costs. The other party is obliged to pay these costs within the period specified by user, unless user indicates otherwise.6. In the event of liquidation, (application) receivership or bankruptcy of attachment - if and where the herd is not lifted within three months - at the expense of the Other, of debt or other circumstance that is not the Other longer freely about his ability available, the user is free to terminate the agreement with immediate effect to terminate or cancel the order or agreement, without any obligation to pay any damages or compensation. The user's claims against the Other in that case immediately due and payable.
7. If the client cancels an order in whole or in part, the order or ready-made things, plus the potential to drain and delivery costs and the implementation of the reserved time, integral to the Other Party be brought.
Article 5 Force Majeure
1. User is not obliged to fulfill any obligation to the other party if he is being hampered due to a circumstance that is not due to debt, and neither under the law, a legal action or generally accepted traffic accounted for is coming.
2. Force majeure is defined in these terms and conditions, in addition to that which is in the law and jurisprudence, all external causes, foreseen or unforeseen, which user can not influence but which prevents user is unable fulfill its obligations to come. User has the right to invoke force majeure if the circumstance rendering (further) fulfillment of the contract occurs after the user should have fulfilled his obligation.3. User can persists during the period that the force majeure suspend the obligations under the agreement. If this period lasts longer than two months, either party has the right to terminate the agreement without any obligation to pay damages to the other party.
4. If the user at the time of the force majeure its obligations under the Agreement has been partially fulfilled or will fulfill, and to fulfill belongs respectively to meet part independent value, User is entitled to fulfill respectively already fulfilled the to be invoiced separately. The other party is obliged to pay this invoice as if it were a separate agreement.
Article 6 Payment and collection costs
1. Payment must always be made prior to delivery, at an indicated by user and in the currency of the invoice, unless otherwise specified by the user.
2. If the other party fails to make timely payment of an invoice, then the other party is legally in default. The Other is then an interest. In the case of a consumer's interest at the statutory rate. In other cases, the other party has an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest. The interest on the amount due will be calculated from the time that the other party is in default until the moment of payment of the full amount owed.
3. User has the right by Other payments made to stretch in the first place to reduce the costs, then deducting the interest and finally to reduce the principal and accrued interest.
4. User can, without being in default, an offer to refuse payment if the Other another order for the allocation of the payment. User can refuse full repayment of principal, if not also the cases and accrued interest and collection costs.
5. Objections to the amount of a bill to suspend the payment obligation.6. If the other party is in default or omission in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining satisfaction out of court on behalf of the Other. The extrajudicial costs are calculated on the basis of what is currently in the Dutch collection, currently under the calculation method II report. If user has made higher costs for collection has been reasonably necessary, the actual costs for reimbursement. Any judicial and execution costs will also be recovered from the Other. The Other is on the collection costs also include interest.
Article 7 Retention
1. All users within the framework of the agreement delivered goods remain the property of the Other User until all obligations under the user agreement (s) is properly implemented.
2. User delivered, that pursuant to paragraph 1. the property, may not be resold and must never be used as payment. The Party is not entitled to pledge under the reservation of ownership or encumber in any other way.
3. The Other is always to do what was reasonably expected of him may be to secure the property rights of User.
4. If third parties seize the property delivered or rights to establish or exercise, the other party is obliged to notify User thereof immediately.
5. The other party is obliged to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage and theft and the policy of this insurance on first request to user for inspection. Any payment of the policy is entitled to these amounts. Insofar as necessary, the other party commits itself towards User in advance to cooperate with all that that framework was necessary or desirable (appear) to be.6. In case user in this article to exercise property rights, the other party in advance unconditional and irrevocable consent to user and user to designate a third party to enter those places where the property is located and that matters take back.
Article 8 guarantees, research and advertising
1. by providing user shall meet the usual requirements and standards that at the time of delivery could be made reasonably and in which they normally use in the Netherlands. The guarantee mentioned in this article shall apply to matters that are intended for use within the Netherlands. When outside the Netherlands the Other himself to verify whether the use is suitable for use there and whether they satisfy the conditions which they are made. User can set other warranty and other conditions in respect of the goods or perform activities to deliver.
2. The guarantee referred to in paragraph 1 of this Article shall apply for a period of 6 months after delivery, unless otherwise agreed by the nature of the delivered otherwise or parties. If concerns a case which was produced by a third party guarantee by User, then the guarantee is limited to that provided by the producer of the case, unless otherwise indicated. After the warranty period, all costs for repair or replacement, including administration, postage and wire costs, to the Other charged.
3. Any form of guarantee will lapse if a defect is caused by or resulting from improper or inappropriate use or use after the expiration date, improper storage or maintenance by the Party and / or third parties when, without written permission from user, the other party or parties have applied to the case changes or have tried to bring that other cases were confirmed that it should not be confirmed or if they were processed or modified other than as prescribed. The Other is not entitled to warranty if the defect is caused by or arising from circumstances where no user can influence, including weather conditions (such as but not limited to, extreme temperatures or rainfall) et cetera.
4. The other party is obliged to (do) investigate immediately the moment that things are made available and the relevant activities are carried out. The Other Party must examine whether the quality and / or quantity of delivered corresponds with what was agreed and meets the requirements of the parties thereto have agreed. Any defects must be reported to User in writing within two months after discovery. The report must contain a detailed description of the defect, so that user is able to respond adequately. The Other Party must user the opportunity to (do) investigate a complaint.
5. If the other party timely complaint, suspend its payment obligation. The Other remains in that case also required to accept and pay for the otherwise ordered, except it has no independent value.
6. If a defect notification is made, then the Other no longer to repair, replacement or compensation, unless a longer term derives from the nature of the case or the other circumstances of the case.
7. If it is determined that a case is weak and that time is on gereclameerd, User shall then after the defective item within a reasonable time, return receipt or, if return is not reasonably possible, written notification of the defect by the other party, at the discretion of user, replace or repair thereof or replacement fee to the Other comply. In case of replacement, the Party is obliged to replace the matter to User to return to the ownership of it to User, unless indicated otherwise.8. If it is established that a complaint is unfounded, then the costs it incurred, including research costs, on the part of the User, for the account of the client.
9.Geringe commercially deemed permissible or technically unavoidable deviations in quality, color, size, weight and form a basis for complaints.
Article 9 Right of withdrawal, exchange and returns
1. User has the right to cancel the order until 14 days after receipt without giving any reason. User receives the amount of the article, including any postage paid and bank charges credited. The cost of a return shipment at all times for the account of the user (by legal 13-06-2014), unless there is a warranty or a faulty shipment by Liebo. If user uses the right of withdrawal, the product with all accessories and will regelijkerwijze if possible, be returned in its original condition and packaging to Lierbo. To exercise this right, the User can contact us via info@liebo.nl
2.When the article does not meet the expectations must within 14 days by email to be notified to the User. Following this notification, you again 14 days to return the product to sturen.Niet Notified returns may be refused by Liebo. The item must be returned in good condition, unused and with all its labels. The transport risk is at all times for the other party, as well as transport costs. Liebo determines whether the returned in good condition and pay the purchase price, including shipping costs and any payment after receipt of the returns, within 14 working days back to the bank / giro account of the Other.3. When the article is to be exchanged for another article in terms of size or model, this should be within 14 days by email to be notified with the request to change the article user with said article. Following this notification, you again have 14 days to send the product back. The items must be unworn, well packaged and in good condition to be returned with all the labels. The transport risk is at all times for the other party, as well as transport costs. Any additional costs (additional charge) should first be satisfied by the other party before sending the new exchanged item back. Any funds within 14 days return deposited in the bank / giro number of the other party. The cost for 1 x retransmit is borne by Liebo.
Article 10 Liability
1. If User is liable, this liability is limited to the stipulations of this provision.
2. User is not liable for damages of any kind, created by User is assumed by or on behalf of the Other incorrect and / or incomplete data.
3. User is liable for direct damage.
4. Direct damage is only:
- The reasonable costs of determining the cause and extent of the damage, where the establishment relates to damage under these conditions;
- The reasonable costs incurred to have the poor performance of the User Agreement, insofar as this can be attributed to user;
- The reasonable costs incurred to prevent or limit damage, insofar as the Party demonstrates that these costs have led to limitation of direct damage under these conditions.
5. User shall never be liable for consequential damages, including consequential damages, lost profits, lost savings and damage due to business or other stagnation. In the case of a consumer this restriction does not go beyond that which is permitted under Article 7:24 paragraph 2 BW.
6. If user is liable for any damage, then the liability shall be limited to the invoice value of the order, at least that part of the order which the liability relates.
7. User's liability is always limited to the amount paid out by its insurer, as appropriate.
8. The limitations of liability set out in this Article shall not apply if the damage is due to intent or gross negligence of User or his senior subordinates.9. User shall not be liable for any loss / damage / theft during transport or otherwise resulting costs. The other party has the choice whether or not to insure the consumer purchases at the carrier of their choice. Other party may, in case of loss / damage / theft during transport never liable to the User for the damage suffered. Claims relating ago transportschade- / loss the other party must deposit with the respective carrier. User is not a party to this.
Article 11 Limitation period
1. Notwithstanding the statutory limitation periods, the limitation of all claims and defenses against User and the User in the performance of a third party, a year.
2. Paragraph 1 shall not apply to legal claims and defenses that are based on facts that would justify the assertion that the case was not delivered to the agreement would respond. Such claims and defenses barred from running for two years after the Other User of such non-compliance has informed.
Article 12 Transfer of Risk
1. The risk of loss, damage or loss is transferred to the Customer at the moment things in the power of the Other.
Article 13 Safeguard
1. The Other indemnify User for any claims by third parties who suffer damages in connection with the execution of the agreement and whose cause other than attributable to User.
2. If User accordingly should be addressed by a third party, the other party is obliged to assist User both outside and in court and immediately what to do for him in that case can be expected. If the other party defaults in taking appropriate measures, then User, without notice, entitled themselves doing so. All costs and damages on the part of users and third parties are created, are for the account and risk of the Other.
Article 14 Intellectual property
1. User reserves the rights and powers for which he is entitled under the Copyright and other intellectual laws and regulations. User has the right to use by the execution of an agreement at his side increased knowledge for other purposes, provided that no strictly confidential information of the other party is gebracht.m to third parties
Article 15 Applicable law and disputes
1. All legal relationships where User is a party, only Dutch law, also if a contract wholly or partly abroad or if the party concerned is domiciled there in the legal relationship. The applicability of the CISG is excluded.
2. Parties will first appeal to the courts after they settle the utmost to solve a dispute by mutual agreement.
Article 16 and change conditions
1. These conditions are registered with the Chamber of Commerce in Eindhoven.
2. Applicable is the last registered version or the version valid at the time of the conclusion of the legal relationship with User.
3. The Dutch text of the general conditions is decisive for its interpretation.