Delivery and payment conditions
Trading under the name of: Mars & More
Store and visiting address:
NL-7554 NB Hengelo (Overijssel)
CoC Zwolle: 0505 1245
VAT number: NL 805998147 B01
Euro bank accounts:
IBAN: NL40 RABO 0110 0260 47
TERMS AND CONDITIONS OF SALE AND DELIVERY
1. Quotations and prices
All our quotations and prices are entirely free of obligation and we reserve the right to refuse orders without stating reasons. All images, drawings and details relating to weights, dimensions, colours etc. appearing in price lists, circulars, brochures or samples that we show to you are only approximations. All quotations are only valid for 30 days unless otherwise specified. Quotations from stock are always subject to demand.
2. Formation of agreements
Agreements and subsequent agreements not entered into in writing are only binding on us after written confirmation on our part. Our obligations never exceed those stated in our written confirmation. For new customers or clients, we require a minimum amount of € 250 ex. shipping and tax for initial orders.
3. Deliveries and delivery times
An agreed delivery time only applies from the time that we receive all necessary details and we have received payment, if and insofar as this has to accompany the order. Failure to meet the stated delivery time does not give the customer or client the right to cancel the agreement unless the customer or client has given us a reasonable new delivery deadline in writing and we still fail to meet our obligations within this period.
Nor can the customer or client refuse to receive goods or make payment in the event of failure to meet the stated delivery time or demand compensation for any direct or indirect losses incurred by him or by third parties. Returns are only accepted with written permission.
4. Partial deliveries
If an agreement relates to more than one item, the delivery may be made either at once or in consignments. For partial deliveries the customer or client is obliged to settle the relevant invoice as though it relates to an individual transaction.
5. Force majeure
Our delivery and other obligations will be suspended in the event of force majeure. In such a case we are obliged to deliver as soon as reasonably possible. Force majeure equates to unforeseen circumstances relating to persons and/or materials which we (usually) utilise during the performance of the agreement, which render performance of the agreement impossible, or so problematic or unreasonably expensive that timely compliance with the agreement cannot reasonably be expected of us. Such circumstances include the following: government measures, business, traffic, and/or transport disruptions, disruptions in the supply of finished products, raw materials or resources, strikes, lockouts, hindrances caused by third parties, technical complications unforeseen by either party, weather conditions etc.
If in the event of force majeure we have already partially met our obligations we are entitled to invoice the already supplied products or services separately and the customer or client is obliged to settle such invoice as though it concerned a separate transaction.
We guarantee that all goods supplied by us meet normal requirements of usability, reliability and sustainability, with due regard for the nature of the goods.
All our guarantee obligations lapse if the goods are not used in accordance with their intended use or are used injudiciously, if user instructions are not followed, or if inexpert repairs or changes are carried out.
Repair or replacement is only possible within the Netherlands. Concerning the guarantee for goods outside the Netherlands, we are only liable for the repair or replacement costs up to the amount that would have been incurred in the Netherlands.
Orders above € 950 net are delivered carriage paid within the Netherlands unless otherwise stated by us. The transport costs for orders delivered outside the Netherlands are specified in consultation with us. Goods are always transported at the risk of the customer or client.
Our prices are based on the price-specific factors known at the time of our quotation. We have the right to modify prices to reflect changes in factors that determine prices arising during the period between the conclusion of the agreement and delivery or payment, such as raw material prices, wages, currency rates and levies imposed by the authorities.
Unless agreed otherwise, payment must be made within 14 days of the invoice date without discount or set-off.
If the payment term is exceeded, then all judicial and extrajudicial recovery costs are for the expense of the customer or client. An amount equal to 15% of the outstanding claim will be charged for extrajudicial recovery costs in every event. If extrajudicial recovery costs exceed this amount, then proof of these shall be given by means of submitting records at the request of the customer or client.
If credit exceeding 30 days after the invoice date has been extended retrospectively or if this has been wrongfully assumed, the customer or client shall pay interest equal to the statutory late payment interest without need for warning, for each month (or part of a month) that the credit is extended.
The customer or client is in default simply by expiry of the due date even without notice of default being given. Payment is only deemed to have occurred once the paid amount is at our free disposal.
If this is paid on account, then the customer or client is bound by our accounting records, in the sense that he is obliged to accept our accounting records as correct, subject to contrary proof.
Every payment will be used to clear the oldest outstanding debt. We always have the right to set off outstanding claims against any payments we are obliged to make on whatever basis. If the customer or client is in default towards us for any payment, we are entitled to suspend further performance of the agreement or any other current agreements, or to cancel these, insofar as not yet performed, without prejudice to our right to compensation.
10. Retention of title
Goods supplied by us remain our property until full payment of all our claims and, in the event of delivery on account, until settlement of any balance for the account of the customer or client, with the proviso that the customer or client bears the liability and risk for delivered goods from the time these are made available to him.
The customer or client is entitled, provided he complies with his agreements towards us, to dispose of the goods in the context of normal business operations. The customer or client is not entitled to encumber or to transfer ownership of the goods as surety.
Complaints, including all complaints regarding the quality of the supplied goods, can only be made if they are submitted in writing within 8 days following receipt of the goods. Attending to any complaint does not affect obligation to pay.
Our liability on the basis of any agreements concerning any goods supplied by us is restricted under all circumstances to the price for which the goods in question have been supplied. Only damage to the goods themselves will be compensated. Any indirect losses, for example lost profits and also compensation for third-party losses are always excluded.
13. Advice and information concerning the composition of goods
Our advice is given to the best of our knowledge. We do not however accept any liability whatsoever for oral or written advice. Our advice shall never release the customer or client from his duty to make his own investigations into the goods to be supplied as regards their suitability for their intended use. The same applies to information concerning the composition of goods and possible applications.
We reserve the right to cancel agreements wholly or partially where circumstances change in such a way that compliance can no longer reasonably be expected of us. We are obliged to notify the cancellation in writing to the customer or client under such circumstances. The latter is not entitled to claim compensation under such circumstances.
15. Governing law
All these agreements are governed by the law of the Netherlands. The application of the UN Convention on the International Sale of Goods (The Hague Convention) is expressly excluded.
Disputes shall in the first instance be submitted to the competent court in Zwolle. We may however also institute legal claims before the courts of the domicile of the customer or client.