1.1 In these terms and conditions, "Buyer" refers to those who, as a (future) contracting party, enter into negotiations with Headsets.nl and/or enter into agreements with Headsets.nl with regard to products to be delivered by us, even if several natural and/or or legal entities acting jointly.
1.2 These terms and conditions apply to all offers, agreements and all resulting obligations of Headsets.nl, hereinafter referred to as “Seller”, to and/or with Buyers.
1.3 “Consumer” is understood to mean: a private buyer who does not act in the exercise of his profession or business and who enters into an agreement with the seller.
1.4 We expressly reject the application of the Buyer's own terms and conditions or of other terms and conditions.
1.5 Deviating General Terms and Conditions of the Buyer shall only bind the Seller if and insofar as the Seller has confirmed them in writing in so many words.
1.6 If any provision in the agreement concluded with the Seller lacks legal validity, the Seller has the right to substitute the manner in which the terms and conditions have been established, in view of the nature and other content of the agreement, the mutually known interests of the parties and the other circumstances of the case, a provision that is not unreasonably onerous for the Buyer and approaches the null and void as closely as possible.
2.1 Quotations, including any associated calculations, descriptions and other data, are without obligation, unless and then only insofar as we have stated otherwise in so many words in writing. Acceptance of a non-binding offer does not constitute an agreement.
2.2 If, due to circumstances, no quotation or order confirmation has been sent, the invoice will also be regarded as an order confirmation.
3.1 A binding offer by the Seller leads to an agreement if it has been accepted in writing in good time and in full, failing which no agreement will be concluded.
3.2 Deviations on minor points in the acceptance are not considered to have been stated, so that the agreement is concluded in accordance with the Seller's offer.
3.3 Timely means that the acceptance must have reached the Seller within the period stated in the quotation, or in the absence thereof within 15 working days after the date of the quotation.
3.4 in all other cases, orders from the Buyer will only bind the Seller after and insofar as they have been confirmed by the Seller or the Seller has started to carry them out. Confirmation can be made verbally or in writing by the Seller. In the event of verbal confirmation of an assignment, the existence and content of the agreement will be determined in accordance with the rules of Dutch evidentiary law.
3.5 If no confirmation has been made within ten working days after the order has reached the Seller, and the Seller has not started the implementation within that period, no agreement has been concluded.
3.6 The order confirmation is deemed to be correct, unless written objections have reached the Seller immediately after the confirmation has been sent. In that case, no agreement has been concluded.
3.7 Oral statements, promises of and agreements with subordinates, agents, representatives, intermediaries, re-clients, etc. shall not bind the Seller until and insofar as confirmed in writing and in so many words by the Seller.
4.1 A Consumer can dissolve the agreement with the Seller without giving any reason during 14 working days after receipt of the delivered item.
4.2 Dissolution of the agreement with the Seller in accordance with paragraph 1 takes place in writing and with simultaneous return of the item(s) received. The return of the received item(s) is entirely at the expense of the Consumer.
4.3 The seller is obliged to refund the amount paid by the consumer for a product returned during the cooling-off period to the consumer within 30 days of receipt.
4.4 The cooling-off period does not apply to; Business purchase and transactions. Business buyers cannot claim a right of return. Dutch law applies to our General Terms and Conditions.
5.1 The offered and agreed prices apply ex warehouse, in standard packaging for shipment in the Netherlands, net cash and exclusive of VAT. Shipping costs are charged as additional costs.
5.2 As long as delivery has not yet been made, we have the right at all times, even after the conclusion of the agreement, to adjust the purchase price in connection with changes in one or more factors that influence our prices. The reference date for the prices is the date on which the agreement was concluded or on which the Seller made a binding offer. If a fixed price applies, then those changes only apply from the first day after the period for which the fixed price has been agreed.
6.1 Delivery takes place ex the Vendor's place of business.
6.2 If the Buyer, after notice of default, remains in default with regard to receipt and/or purchase, then the Seller has the right to act entirely at the expense and risk of the Buyer according to the situation and possibly to proceed to storage and sale, without prejudice to the other Seller's rights.
6.3 The risk of the delivered goods is transferred to the client at the earliest of the times mentioned above under 5.1, even if delivery other than ex warehouse has been agreed.
6.4 When the Seller enters into an agreement with a Consumer, the risk of the delivered goods is transferred to the Consumer only after the Consumer has received the delivered goods.
7.1 Delivery to the Buyer will take place no later than 30 days after the conclusion of the agreement.
7.2 The delivery period starts on the first day after the day of the conclusion of the agreement.
7.3 With the exception of the case in which the Seller has exceeded the term referred to in paragraph 1, notice of default must be given in writing with due observance of a reasonable term.
7.4 If the Buyer does not fulfill any obligation arising from the agreement or does not comply with any cooperation to be required from it with regard to the implementation of the agreement, the term of delivery will be extended by the duration of the delay, without prejudice to the Seller's other rights. thereby arises.
7.5 In addition to any agreed penalty for exceeding the terms for delivery, the Buyer cannot claim any compensation.
8.1 Ownership of the delivered products is only transferred to the Buyer once it has fulfilled its payment obligations under the agreement on which the delivery is based, including any compensation, costs, interest and penalty, even if security has been provided for payment.
8.2 The buyer shall not process or dispose of the delivered products other than in the normal course of his business.
8.3 If the Buyer fails to pay any amount due, we are entitled to take back all unpaid goods, insofar as they have already been delivered to the Buyer.
8.4 In the event referred to in paragraph 2, the Seller is authorized to have all those products returned at the expense of the Buyer.
8.5 The Buyer gives the Seller and the representatives indicated by the Seller permission to enter its company buildings, warehouses, etc. for that purpose.
9.1 Payment must be received by the seller within 14 days of the invoice date.
9.2 All payments must be made in the currency stated on the invoice, without any right of suspension or set-off.
9.3 If the Buyer has not fulfilled any obligation towards the Seller, or has not fulfilled it in full or on time, has applied for suspension of payment, has been declared bankrupt or has taken a decision to liquidate, it will be in default by operation of law, all claims of the Seller will be immediately due and payable and interest calculated on the basis of the then applicable statutory interest increased by 2% is due from that moment or the earlier day of recovery. In doing so, the Buyer must pay the Seller the extrajudicial costs that we owe to third parties in this respect in accordance with invoices drawn up in accordance with applicable rules, as well as, due to our internal costs, 5% of that total, without prejudice to the Seller's claims for any legal cost.
9.4 In such a case, the Seller also has the right to suspend the (further) performance of the Seller's obligations for a period not exceeding one month and to take back the goods owned by the Seller or to terminate the current agreement and one or more to declare other current agreements with the Buyer fully or partially dissolved, without prejudice to the other rights of the Seller. During the period of suspension, the Seller has the right, at the end of which the obligation, to opt for (further) performance or for full or partial dissolution of the suspended agreements.
9.5 In a case as referred to in Article 8.4, any discount agreements agreed with the client have lapsed. Seller has the right to deliver cash on delivery whereby the cash on delivery costs are for the Buyer's account, or to demand (multiple) security for the payment of its debts. In the event of the Buyer's refusal or inability to provide adequate security, the Seller shall be entitled to dissolve the agreement in whole or in part without judicial intervention and to repossess the property belonging to the Seller.
10.1 If the manufacturer of a product has issued any warranty with regard to that product, the Seller will transfer our claims against the manufacturer to the Buyer of that product who wishes to invoke that warranty, if possible. The Seller's warranty does not extend further.
10.2 Any shortages in numbers will be delivered by the Seller as soon as possible after this has been demonstrated to the Seller, provided that the numbers that have been delivered have been paid on time.
10.3 Damaged products will be replaced free of charge by the Seller as soon as possible after they have been returned carriage paid by the Seller and it has been demonstrated that the damage is for the account of the Seller.
10.4 The Seller's obligations under the preceding paragraphs of this article may be suspended by the Seller until the Buyer has fulfilled all its due and payable obligations towards the Seller.
10.5 Except for intent and gross negligence on the part of the actual managerial officers of the Seller, the Seller is not liable for any indirect damage suffered by the client or third parties and the liability on the part of the Seller for direct damage is in any case limited to the invoice amount of the delivery in respect of which the damage is advanced.
10.6 The Buyer indemnifies the Seller against any third-party claims for damage for which we have excluded liability.
10.7 Article 10.5 does not apply to an agreement between the Seller and a consumer.
11.1 Any claim with regard to shortcomings on the part of the Seller will lapse if we have not been reported to us in writing within 2 months after delivery.
11.2 In the case of transport by third parties, the Buyer is obliged to have the carrier draw up a report of the damage in the event of damage to the goods before taking delivery, under penalty of forfeiture of the right to complain.
11.3 If the products are collected from our warehouse by or on behalf of the client, they must be inspected immediately and any known complaints must be reported immediately, on penalty of forfeiture of the right to complain.
11.4 Minor differences in quality, color, etc. cannot give rise to complaints.
11.5 Agreed returns must be carriage paid.
11.6 An expired claim cannot serve as a defense.
11.7 In the event of non-delivery, late delivery, non-complete or non-compliant delivery attributable to the Seller, the Seller's liability does not extend beyond its obligation to repair or improve the delivery or refund the payment made in respect of that delivery to deposit. Such at the discretion of the Seller.
12.1 If the Purchaser consists of more than one natural or legal person, they are all solely responsible for the fulfillment of the Buyer's obligations towards Seller.
13.1 The Seller's obligations under the agreement are suspended for the duration that the Seller is prevented from fulfilling those obligations due to force majeure.
13.2 With prevented is equated with: seriously hindered.
13.3 Force majeure is equated with war, danger of war, civil war, riot, acts of war, fire, water damage, flooding, strike, company occupation, exclusion, import and export obstacles, government measures, defects in machinery, failures in the supply of water and/or energy in the Seller's company.
13.4 Force majeure is also equated with the circumstances stated under 13.3 in the company of third parties from whom we obtain the necessary services, materials, raw materials and the like in whole or in part.
13.5 The circumstances stated under 13.3 are also equated with force majeure when something or other occurs during storage or during transport, whether or not in-house.
13.6 Force majeure also includes all other circumstances independent of our will, except for intent and gross negligence on the part of the management of the Seller's company and those charged by us with the management of the execution of the agreement.
3.7 If due to force majeure the execution of (part of) the agreement is delayed for more than one month, both parties have the right to dissolve the (rest of the) agreement in writing. This does not lead to mutual liability for damages. Any payments received in advance will be refunded by the Seller, on the understanding that we will refund any such payments, on the understanding that what has already been performed by the Seller will be paid by the Buyer or will be settled with him in proportion to the agreed invoice values.
14.1 The legal relationship between the Buyer and the Seller is governed by Dutch law, with the exclusion of the provisions of the uniform laws regarding the conclusion of (purchase) agreements and the international sale of movable tangible property.
14.2 All disputes arising from that legal relationship or as a result of further agreements that are a result of that legal relationship will be decided by the Dutch court, if the court is competent in the first instance, then exclusively by the court in 's-Hertogenbosch.
14.3 Parties will first try to reach an amicable agreement.
De Ring 9
5261 LM Vught
Netherlands
Send a message
info@headsets.nl