Applicability conditions.
1.1 These terms and conditions apply to all offers, legal relationships and sales agreements whereby Un-Packaging supplies goods and/or services of whatever nature to the other party. Deviations from the conditions as drawn up by Un-Packaging are only valid if they have been expressly agreed in writing.
1.2 If one or more provisions as mentioned in the conditions are partially or wholly null and void or should be annulled, the other provisions will remain in full force and effect.
1.3 Un-Packaging may, during the existence of a legal relationship, impose requirements on communication between the parties or the performance of legal acts via digital media.
Offer and conclusion of an agreement.
2.1 Every offer in any way provided by Un-Packaging is without obligation unless an acceptance period is expressly stated in the offer.
2.2 The agreement is only concluded after the acceptance of the request or order (placed via the website www.Un-Packaging.nl , by telephone or via digital media) by Un-Packaging, and the written acceptance of the request or order (possibly ) in the form of an invoice.
2.3 Any orders placed and accepted in any way whatsoever (via the website www.Un-Packaging.nl , by telephone or via digital media) must at all times be paid on the basis of prepayment by bank transfer to account number NL 82 INGB 0008 8050 77 attn. Un-Packaging., or via iDeal's digital payment options on the website. Orders can only be collected by appointment and by means of cash payment from the Un-Packaging warehouse.
2.4 For activities or assignments for which Un-Packaging does not send an offer or confirmation due to the nature or size of the order, the agreement will only be concluded at the moment that Un-Packaging actually starts the execution or gives an order for this. To third parties. In such a case, the invoice also serves as an order confirmation, which is also deemed to represent the agreement correctly and completely.
2.5 Un-Packaging is at all times authorized to engage third parties for the execution of the agreement. The costs arising from this will be passed on to the other party in accordance with agreed rates.
2.6 All information provided to the other party in connection with an offer in the form of, among other things, but not exclusively, brochures, catalogues, price lists, folders, correspondence, digital storage media remain expressly and exclusively the industrial or intellectual property of Un-Packaging .
Changes to the Agreement.
3.1 Any full or partial amendment or cancellation of the agreement can only take place with the prior written consent of Un-Packaging.
3.2 If Un-Packaging agrees to such a change as referred to in 3.1, the other party is in any case obliged to pay to Un-Packaging the costs incurred, resulting from the work already performed with regard to the agreement.
3.3 If Un-Packaging agrees to such a change as mentioned in 3.1, 10% of the order amount will be charged to the other party with regard to administrative actions to be made and made.
3.4 In case of such change or cancellation as mentioned in 3.1. Un-Packaging is permitted to redetermine the delivery times and possible lead times related to the obligations arising for it from the agreement and to charge the associated costs to the other party.
Prices
4.1 If an offer is without obligation, the rates and quotations included herein are also entirely without obligation.
4.2 Prices are at all times shown in Euros, unless expressly stated otherwise.
- Based on the applicable at the time of the offer or on the order date, respectively
amount of purchase prices, wages, rent, social and government costs, transport costs,
insurance premiums and other possible costs.
- Prices are exclusive of import duties and special taxes, unless expressly stated otherwise
mention.
- Excluding levies (excise) and duties, but including VAT.
- Excluding costs of assembly, installation, adjustment, adjustment, calibration and commissioning.
4.3 In the event of a non-binding offer, and also if this reservation is included in a non-binding offer, Un-Packaging is entitled to adjust the prices if the price increase deviates by more than 2% from the prices offered or agreed.
4.4 In the event of a non-binding offer, and also if this reservation is included in a non-binding offer, Un-Packaging is entitled to adjust prices in the event of an increase in one or more of the factors that determine the cost price. Un-Packaging is hereby obliged to take into account any applicable legal regulations in this regard, on the understanding that at the time of the order confirmation, future price increases already known to Un-Packaging must be stated in the order confirmation.
Risk
5.1 The risk with regard to the goods to be delivered by Un-Packaging to the other party, if Un-Packaging delivers them from stock, transfers to the other party from the moment that these are separated for the benefit of the other party from the other stock items in her warehouse.
5.2 The risk with regard to the goods to be delivered by Un-Packaging to the other party, if these are shipped directly on behalf of Un-Packaging, by the producer or a third party to the other party, transfers to the other party at the moment they are loaded for the purpose of transport to the agreed place of delivery.
5.3 Irrespective of what the parties determine with regard to the moment at which the risk passes to the other party, this is also at the risk of the other party; the loading and unloading, horizontal and vertical transport (transport), assembly, installation, adjustment, adjustment, calibration and commissioning of goods, even if this should take place before the risk passes to the other party, as referred to in the first half of sub. 5.3
Weight and quantity.
6.1 The measurements and weighings as stated on the measurement or weighing note submitted by Un-Packaging are decisive for the quantity delivered.
6.2 The buyer always has the right to be present or represented at the measurement or weighing, in order to monitor this.
Delivery and Delivery Time
7.1 The other party must report any shortages, shortcomings or damage directly to Un-Packaging within twenty-four (24) hours after delivery, both by telephone and via digital media. It is considered that the goods have at all times reached the other party in good order, complete and undamaged.
7.2 Un-Packaging is entitled to deliver in partial deliveries.
7.3 Un-Packaging is not obliged to supply or deliver spare parts after receipt of goods, unless this has been expressly agreed between the parties, and the relevant parts are still available.
7.4 The lead times and delivery times mentioned in the offer / agreement with regard to the commitment are not strict deadlines. Default therefore does not take effect until Un-Packaging has been given notice of default by the other party, and it still fails to fulfill its obligations in the agreement within a reasonable period of time.
7.5 Un-Packaging is obliged to observe the stated delivery time or delivery term as much as possible, but it will never be liable for any exceeding thereof. If the delivery time is exceeded, Un-Packaging is never obliged to pay any compensation of any kind. The delivery times specified are guidelines and no rights can be derived from this
7.6 If a delivery time or delivery term is exceeded, the other party does not give the right to cancel or dissolve the agreement or to refuse to accept the goods. In the event of an excessive exceedance, both parties will consult with each other.
7.9 A delivery time of 1-2 days applies to products in stock. If a product is not in stock, the average delivery time is +- 1-7 = working days.
7.10 For private individuals money who can claim the statutory right of withdrawal. For business customers, products can only be returned in consultation with UN-Packaging. If this agreement is found, costs may be charged for this.
Transport and packaging
8.1 Un-Packaging determines entirely at its own discretion the manner of packaging, transport, dispatch and associated actions of goods. Without prejudice to the provisions of sub. 5.3 of these terms and conditions.
8.2 If the other party has specific wishes with regard to packaging and/or transport and insofar as Un-Packaging agrees to this, the other party is obliged to reimburse the costs arising from this.
Force of the majority
9.1 Neither party is obliged to fulfill any obligation, including any guarantee obligations agreed between the parties, if it is prevented from doing so as a result of force majeure.
Force majeure also includes (I) force majeure of suppliers of Un-Packaging, (II) failure to properly fulfill obligations by suppliers of Un-Packaging or that have been prescribed to Un-Packaging by the other party. (III) defectiveness of goods, equipment, software or materials of third parties, the use of which has been prescribed to Un-Packaging by the other party. (IV) government action. (V) electricity failure. (VI) failure of computer network, internet, service provider. (VII) War. (VIII) workload. (IX) Strike(s). (X) general transportation problems. (XI) the unavailability of one or more staff members. (XII) epidemics or pandemics. (XIV) financial crisis. (XV) the malfunctioning of the payment networks of the relevant banks.
9.2 When a force majeure situation lasts longer than 90 days, each of the parties has the right to dissolve the agreement in writing. The part of the agreement already performed will be settled proportionately, without the parties owing each other anything.
9.3 If Un-Packaging wishes to invoke force majeure, it will inform the other party as soon as this is practically possible. The consequences of force majeure take effect from the moment that the leading circumstance, cause or event has occurred.
9.4. Performance in one or more cases during circumstances as referred to in the first (1st) paragraph shall not affect the right to exercise the power to suspend or terminate in other cases.
Warranty / Service
10.1 With due observance of the provisions elsewhere in the conditions, Un-Packaging guarantees the soundness of the materials used and the promised properties, and the associated correct functioning of the goods delivered by Un-Packaging in accordance with the product specification.
10.2 The guarantee only applies to new goods or products for a period of 6 months from delivery to the other party, and insofar as goods are not excluded from the guarantee.
Applicable law.
11.1 All disputes in connection with the agreement or agreements related thereto are exclusively governed by Dutch law. These disputes are settled by the competent court in Haarlem.
11.2 Product descriptions of chemicals are for educational purposes only and not a way of legal use within the EU. You are expected to check the application yourself or national and international legislation.
Definitions
12.1 In these terms and conditions, the following definitions apply:
- Un-Packaging: The general partnership Hd Beverwijk Trading, established in IJmuiden en registered in the trade register of the Chamber of Commerce in Amsterdam under registration number 75528266; being the user of these terms and conditions.
- Terms: The terms and conditions of Un-Packaging
- Other party: Any natural person, partnership, legal entity or other entity that concludes or has concluded an agreement with Un-Packaging, to whom an offer has been sent or will be sent.