Terms and Conditions
Article 1. Applicability
1.1. These conditions apply to all offers, sales agreements and all resulting obligations from or with the user of these conditions, being De Factorij NV trading under the name Factorij Unique Findings (hereinafter: Supplier) and their customers (hereinafter: Customer).
1.2. These conditions can only be deviated from in writing, to which only the management of the Supplier is authorized. Such a written clause is only valid with regard to the agreement under which it was made.
1.3. Each order implies the acceptance of our conditions by the Customer and the negation of his own purchase and sales conditions.
Article 2. Offers
All catalogs and offers and quotations stated elsewhere are without obligation, unless a period of validity is stated. The agreement is concluded after confirmation by the Supplier, either in writing, verbally or through behavior that may be interpreted as a confirmation in daily traffic.
Article 3. Agreements
3.1. The sales agreement is deemed to have been made in the name of the registered office of the Customer. Orders are only final after written confirmation from a wholesale employee of Factorij Unique Living.
3.2. All purchase and sale agreements are entered into by the Supplier under the conditions precedent that the buyer is sufficiently creditworthy.
3.3. Orders placed by representatives are binding for the Supplier and the Customer. Unless the Supplier has informed the Customer in writing within fourteen working days that it cannot execute the order or cannot execute it unchanged.
3.4. Orders placed by agents are binding for the Supplier and the Customer as soon as they have been confirmed by the Supplier.
Article 4. Prices
4.1. If a purchase agreement is canceled by the Customer, the Supplier will, if the cancellation occurs
is accepted, the customer may be charged a compensation of 10% of the order amount, unless the Supplier can demonstrate that the damage caused by the cancellation exceeds this amount. 4.1 All amounts stated by Factorij Unique Living Interieurs in quotations, order confirmations or otherwise are exclusive of VAT, any levies and/or duties imposed by the government.
4.2. Factorij Unique Living is entitled to increase the agreed price if the factors that determine the cost price have changed after the conclusion of the agreement. If the price increase referred to here amounts to more than 10%, the Customer has the right to terminate the agreement within 8 days after written notification by registered letter.
Article 5. Delivery
5.1. Unless expressly agreed otherwise, delivery times specified by the Supplier can never be regarded as strict deadlines. If the specified delivery period is exceeded, the Supplier will only be in default after written notice of default.
5.2. Goods are deemed to have been delivered:
5.2.1. If the goods are collected by or on behalf of the customer: by receiving the goods
when the goods are shipped by the Supplier through the intervention of a third party: by presentation to the buyer's address, unloaded on the means of transport;
5.2.2. In case of shipment by Supplier's own transport: by presentation to the customer's address, unloaded on the means of transport.
5.3. The delivery time stated is made to the best of our knowledge and will be observed as much as possible, but is not binding. Exceeding the term, for whatever reason, will never entitle the Customer to compensation, termination of the agreement or non-fulfillment of any obligation. If the delivery time is exceeded excessively, the Supplier will enter into further consultation with the Customer.
Article 6. Payment
6.1. Unless otherwise agreed in writing, payment must be made upon delivery of the goods.
5.2. If an invoice is not paid within the agreed payment term, the Customer will be in default without a demand or notice of default being required. At that time, all outstanding and/or not yet due invoices of the Customer become immediately and fully due and payable.
6.3. The Customer owes default interest equal to 1.5% per month.
6.4. In the event of default, all costs that the supplier (Factory Unique Findings) believes it must incur for the collection of its claim will be fully borne by the Customer. The extrajudicial collection costs amount to at least 15% of the unpaid amount, with an absolute minimum of EUR 100.
Article 7. Retention of title
Factorij Unique Findings/Supplier remains the owner of all goods delivered by it as long as the Customer has not fulfilled all its payment obligations to Factorij Unique Findings./Supplier arising from or in connection with the payment for delivered goods, the work carried out in relation to these goods and interest and costs owed.
Article 8. Transport
8.1. Goods are deemed to be collected by or on behalf of the customer upon delivery from the Chaam warehouse. Unless otherwise agreed, the risk of the item is for the Customer from the moment of delivery.
8.2. If requested, transport can continue for the Customer to a destination within or outside the Netherlands Factory Unique Findings are arranged with our own transport or with third-party transport. However, Factorij Unique Findings accepts no liability for transport. The risk of transport is borne by the Customer. The Customer must take out transport insurance against loss and/or damage to the cargo to be transported.
8.3. All goods are transported at the expense of the Customer, unless freight costs have been expressly included in the price.
Article 9. Storage
9.1 The Customer is obliged to accept the purchased items at the time the order is made available.
9.2 At the request of the Customer, the items purchased by him can be stored for a maximum of 30 days. In that case, half of the total invoice amount will be immediately due.
9.3 If the Customer fails to meet its purchase obligation after 30 days, the remainder of the invoice amount will also become immediately due and payable and from that moment on the Customer will pay the Supplier a storage fee of € 0.80 per item per day ( Factory Unique Findings) are due.
Article 10. Complaints and Warranty
10.1. Control over the quantity and appearance of the delivered goods rests with the Customer. If he does not submit a written complaint about the delivered goods as soon as possible and in any case within 48 hours of receipt, the delivered goods will be considered correct in terms of quantity and appearance.
10.2. Complaints other than the above must be submitted to the Supplier in writing by the customer no later than 8 days after delivery of the goods. In the event of default, the Supplier is not liable for any defect.
10.3. Returning an order is only possible after obtaining permission from the Supplier.
Article 11. Force majeure and liability
11.1. In the event of force majeure due to a non-attributable failure on the part of the Supplier to fulfill its obligations, the Supplier has the right to suspend the execution of the agreement on this basis or to declare the agreement concluded with the customer dissolved in whole or in part.
11.2. Force majeure/non-attributable shortcoming will include, among other things, default and/or shortcoming by or on the part of the supplier; by not receiving the necessary goods from our suppliers or not receiving them on time; government measures that hinder the execution of assignments; strike or lockout; riot; war or mobilization; extreme natural conditions.
11.3. The Supplier is not liable for any direct or indirect damage arising after delivery or preparation of the goods for use, regardless of the cause, to the Customer, to the Customer's items, to third parties or to the items of third parties. The Customer hereby indemnifies the Supplier against claims from third parties regarding such damage.
Article 12. Non-compliance, bankruptcy
If the Customer does not fulfill any obligation arising from the agreement, properly or not on time, as well as in the event of bankruptcy, suspension of payments or guardianship of the Customer or closure or liquidation of its company, or if the Customer transfers to third parties, initiates a creditor arrangement, has its bank credit canceled, the execution of its payment orders is suspended by the bank or is seized at its expense, the Customer is deemed to be in default by operation of law and the Supplier is entitled at its own discretion, without any obligation to pay damages and without prejudice to its other rights, without notice of default or judicial intervention being required, to partially or even completely dissolve or declare the agreement dissolved, or to suspend further performance of the agreement. In those cases, all claims of the Supplier against the customer become immediately due and payable and the Supplier is entitled to demand immediate payment of everything due to it.
Article 13. Warranty
The warranty only concerns defects, unless excluded, that manifest themselves within the warranty period specified for each item separately, starting from the invoice date. Complaints based on warranty must be submitted immediately; but in any case 7 days after the defect has arisen, in writing, if exceeded, any warranty relief from the supplier will lapse.
Article 14. Termination
If one of the parties fails to fulfill its obligations, the other party is entitled to terminate the agreement without judicial intervention or notice of default being required. The same applies if one of the parties becomes bankrupt or suspends payments.
Article 15 – Applicable law, competent court
On all met Agreements concluded by Factorij Unique Findings are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods are excluded. In the event of any disputes, the courts of the district where the company's registered office is located will have exclusive jurisdiction.