Terms of Service ATELIER DADELIER
Art.1: Unless expressly stated otherwise in writing, all transactions with Atelier Dadelier, sole proprietorship registered in the Chamber of Commerce in Amsterdam with number: 80115756 and Tax number: NL003395421B67, from now on Atelier Dadelier, are exclusively subject to these General Terms and Conditions of Sale, with which the buyer irrevocably agrees.
Art.2: No obligation is binding on Atelier Dadelier, unless this obligation results from a document or document drawn up by Atelier Dadelier signed by the legal representative of Atelier Dadelier. Only written terms and conditions are binding for Atelier Dadelier, unless otherwise agreed. Orders based on daily price lists or other comparable transactions are also subject to these General Terms and Conditions of Sale. Additions to a contract are only valid if recorded in writing and signed by both parties.
Art.3: Contracts are deemed to be irrevocably approved if the execution is started.
Art.4: Any delivery date provided, even if expressly stated, is in any case deemed to be indicative only. The date stated on the document provided to the transport company is considered the shipping date. If the Buyer is responsible for the organisation of the transport, the Buyer agrees to collect the goods on the delivery date, which is communicated to Atelier Dadelier no later than forty-eight hours in advance, or in the absence of such notification, on the last working day of the agreed delivery period. If Atelier Dadelier is responsible for the organisation of the transport, Atelier Dadelier informs the Buyer of the planned shipping date of the transport. Any transport costs that arise in any case will be borne by the Buyer.
Art.5: All duties, taxes and / or taxes owed resulting from the performance of the contract and prior to its full performance and / or any increases in duties, fees and / or taxes owed in connection with the performance of the contract, will be borne by the Buyer.
Art.6: All invoices must be paid net in cash on the exact payment date stated on the invoice and according to one of the payment procedures indicated or agreed on the invoice. The mere fact of non-payment, even partial, on the payment deadline, is considered to be in default without notice to the Buyer. In the event of non-payment on the payment deadline, the invoice amount will automatically increase automatically and without notice, as compensation for damage, losses and relevant collection costs, by a percentage of 10% of the total invoice amount, without prejudice to the right from Atelier Dadelier to demonstrate additional damage, loss, interest or relevant collection costs caused by late payment.
In addition, interest on late payments is automatically charged automatically and without notice from the payment deadline, increased by the statutory interest rate of the European Central Bank by 7% and rounded to the higher half percentage on all unpaid amounts, until full payment.
In the event of default of the Buyer, Atelier Dadelier has the right to suspend all further and not yet fully completed deliveries, without prior notification to the Buyer or payment of any related compensation. In addition, all invoices that have not yet expired will become immediately due and payable.
Atelier Dadelier may also suspend deliveries if it has a serious indication of insolvency, bankruptcy, suspension of payments or other similar circumstances that could prevent the Buyer from fulfilling its obligations, or discover or otherwise discover an unusual pattern of purchase from the buyer. has reasonable grounds to doubt the Buyer's payment capacities.
In any of the aforementioned cases, Atelier Dadelier also has the right to demand immediate payment of deliveries already charged, regardless of the final payment date.
Notwithstanding the right to apply other contractual sanctions, Atelier Dadelier has the right to terminate the contract between the parties (as well as any other existing contracts) with immediate effect by registered letter, in case of:
- late payment of the products by the Buyer if this situation is not resolved within 10 days after formal reminders;
- not purchasing by the Buyer of the contractual quantities and therefore Atelier Dadelier can charge all resulting costs.
- any other violation that is not promptly corrected after formal warnings, as well as any default for which formal reminders have not resulted in the Buyer's proper conduct;
-justified loss of confidence in the Buyer, its personnel or the representatives involved;
- dissolution, liquidation, bankruptcy or insolvency of the Buyer, as well as any serious indication of urgent insolvency, payment insurance or similar circumstances that prevent the Buyer from fulfilling his obligations;
- a change or announced change of ownership or control of the Shares of the Buyer or its company.
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Art.7: All invoices are due to Atelier Dadelier.
Permission for payment to an alternate listed on the invoice does not alter this direct debit agreement, unless other payment terms are expressly stated.
This also applies to payments made by letter of credit, bill of exchange or bank draft.
Art.8: For transactions in EUR: For the avoidance of doubt, all amounts in this sales contract in EUR are payable in full in EUR, regardless of a possible conversion into another official currency in the Buyer's jurisdiction.
Art.9: In the case of an ordered quantity under two or more contracts, the quantities will be purchased on a first-in-first-out basis, unless stated otherwise in writing.
If an order is placed after the end date of the contract, Atelier Dadelier reserves the right to increase the relevant price by the amount of all storage costs borne by Atelier Dadelier. If an order exceeds the volume specified in the contract, Atelier Dadelier reserves the right to increase the volume specified in the contract on the basis of the rates applicable on the day of the order, or to perform a new contract on the basis of of the rates applicable on the day of the order, or to perform a new contract on the basis of the rates applicable on the order day.
If payment is not made after the final payment date, Atelier Dadelier has the right, 14 days after written notification, to request the execution of the unexecuted part of the contract, increased by 1% per month commenced, without prejudice to the right to claim additional compensation if such additional damage is demonstrated, or to terminate the contract, the damage being at the expense of the defaulting Buyer.
Art.10: Retention of title
The ownership of the goods delivered by Atelier Dadelier remains with Atelier Dadelier until full and final payment has been made of all relevant invoices, including interest and costs. Before the property is owned by the Buyer, he may not dispose of the goods and use them in any other way than in the normal course of business, nor grant or grant any other right to these goods to a third party. Stock Photo - Stock Photo - Stock Photos
Atelier Dadelier can take back all goods for which the invoice has not been paid on the final payment date as stated on the relevant invoice.
The Buyer will treat the delivered products, the ownership of which has not yet been transferred, with the required care and keep them identifiable as the property of Atelier Dadelier. The Buyer insures against fire, water and other damage, theft and vandalism or other destruction and grants all claims under this policy to Atelier Dadelier as an additional guarantee for the fulfilment of his obligations.
Art.11: Unless otherwise stipulated, the goods are shipped at the risk of the Buyer.
Art.12: In general, the Buyers are responsible for checking the condition of the goods, their conformity with the information on the mailing list and the order confirmation, as well as for checking the goods for apparent defects. This check must be carried out with the greatest care upon receipt of the goods.
Since the transport companies are solely responsible for damage, loss, etc. of the goods during transport, the recipients are responsible for exercising their rights vis-à-vis the transport companies and these transport companies cannot rely on inadequate packaging as the transport company is obliged to is to check and approve the packaging before shipment.
Claims made by the Buyer regarding the quality of the goods must be sent to Atelier Dadelier by fax or by registered letter with acknowledgment of receipt, within three (3) days after receipt of these goods.
VISIBLE DEFECTS: The Buyer will inspect the goods prior to any use or resale. In the event of any defect, the Buyer will provide all
take interim measures in the interest of the parties. In the event of non-conformity jointly recognised by the parties and reported within three days, the warranty is limited to the replacement of the delivered goods.
The Buyer is responsible for checking and accepting the delivered products. Any defects must be reported to Atelier Dadelier by registered letter with acknowledgment of receipt within three days of the discovery and must be confirmed jointly by representatives of Atelier Dadelier and the Buyer.
Art.13: Force majeure within the meaning of this article refers to any event beyond the control of a party that completely or partially prevents or seriously impairs the performance of the contract. Force majeure includes any event of fire, extreme weather, industrial disputes, strike, lockout, interruption of supplies of raw and auxiliary materials or supplies of electricity or gas, sabotage, government measures (including import and export regulations) or transportation barriers. The delivery and other obligations of a party are suspended for the duration of the Force Majeure event. If Force Majeure prevents this party from performing its obligations for more than six months, the other party may terminate the portion of the contract that has not yet been performed and compensation is payable to the other party.
Art.14: Dutch law applies to all Atelier Dadelier sales contracts.
Art. 15: All disputes regarding the sale of Atelier Dadelier products will be exclusively brought before the Amsterdam District Court in the Netherlands.