Dutch Import & Distribution Group B.V. BV

De Veldoven 8, 3342 GR Hendrik-Ido-Ambacht

Article 1. Definitions

1.1. In these terms and conditions of delivery, the following terms are used in the following sense, unless explicitly stated otherwise or the context indicates otherwise:

a. Dutch Import & Distribution Group B.V .: the user of these terms and conditions: Dutch Import & Distribution Group B.V. established at De Veldoven 8 in Hendrik Ido Ambacht, registered at the Chamber of Commerce under Chamber of Commerce number 65203666;

b. customer: the company that with Dutch Import & Distribution Group B.V. enters into an agreement, or an offer / offer from Dutch Import & Distribution Group B.V. has received or with whom Dutch Import & Distribution Group B.V. is in any legal relationship or for whom Dutch Import & Distribution Group B.V. performed any legal act;

c. agreement: the agreement between Dutch Import & Distribution Group B.V. and the customer;

d. product: the product that Dutch Import & Distribution Group B.V. supplies within the framework of the agreement;

e. website: the website www.oppama.eu

Article 2. General

2.1. These terms and conditions apply to all agreements between Dutch Import & Distribution Group B.V. and the customer and furthermore on all (other) legal acts between Dutch Import & Distribution Group B.V. and the customer, including negotiating and other pre-contractual situations.

2.2. The present delivery conditions also apply to all agreements with Dutch Import & Distribution Group BV, for the implementation of which third parties must be involved.

2.3. Any deviations from these terms and conditions of delivery are only valid if they have been explicitly agreed in writing or electronically.

2.4. The applicability of any purchase or other conditions of the customer is expressly rejected.

2.5. If one or more of the provisions in these terms and conditions are invalid or should be declared void, the remaining provisions of these terms and conditions remain fully applicable. The invalid or voided provisions will be accepted by Dutch Import & Distribution Group B.V. be replaced, taking into account as far as possible the purpose and scope of the original provision (s).

2.6. If Dutch Import & Distribution Group B.V. does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that Dutch Import & Distribution Group B.V. to some extent lose the right to demand strict compliance with the provisions of these conditions in other cases.

2.7. The customer must take note of a change in these terms and conditions.

2.8. These terms and conditions have been deposited at the Chamber of Commerce in Rotterdam under number 65203666.

Article 3. Offers and quotations (stood quotes)

3.1. Offers, quotations and price lists are without obligation.

3.2. Obvious errors or mistakes on the website and in brochures, offers, quotations, e-mail messages, agreements or publications of Dutch Import & Distribution Group B.V. bind Dutch Import & Distribution Group B.V. not.

3.3. Dutch Import & Distribution Group B.V. has the right to determine at any time that certain products will only be delivered in certain minimum quantities.

3.4. The assortment of Dutch Import & Distribution Group B.V. can be changed at any time.

Article 4. Images

4.1. All images of the products offered on the website, in offers or brochures are only approximate and cannot be a cause for compensation and / or dissolution.

Article 5. Formation of the agreement

5.1. The agreement is concluded after the customer has agreed with the offer and / or the offer from Dutch Import & Distribution Group B.V.

5.2. If the agreement is concluded via the website, then Dutch Import & Distribution Group will send B.V. automatically via e-mail a confirmation that she has received the order from the customer. If the customer does not receive a confirmation e-mail from Dutch Import & Distribution Group B.V. has received, the customer must contact Dutch Import & Distribution Group

Article 6. Account

6.1. The customer can create an account on the website to place orders online.

6.2. The customer is at all times responsible for his account on the website and login details. The customer must carefully keep his log-in data for himself and never pass this log-on data on to third parties.

6.3. Dutch Import & Distribution Group B.V. cannot be held liable in any way for the loss of a username and password applied by the customer. Dutch Import & Distribution Group B.V. can therefore not be held responsible if unauthorized third parties use the customer's login codes.

Article 7. Cancellation

7.1. Confirmed orders can only be canceled in accordance with Article 8.2.

Article 8. Prices

8.1. All prices on the website are exclusive of VAT and excluding transport costs. Orders from € 500.00 excl. VAT are free deliveries for every European destination, including packaging. Dutch Import & Distribution Group B.V. reserves the right to pass on the effects of domestic or foreign monetary measures in its prices.

8.2. If the price increase amounts to more than 5% of the total amount, the customer has the right to dissolve the agreement within 7 days by means of a written statement. If delivery has already taken place, the customer is obliged to arrange for a return shipment at his own expense.

Article 9. Obligations of the customer

9.1. The customer ensures that all data of which Dutch Import & Distribution Group B.V. indicates that these are necessary or of which the customer should reasonably understand that they are necessary for the execution of the agreement, timely to Dutch Import & Distribution Group B.V. made available.

9.2. If the information provided by the customer is incomplete and / or incorrect, this will be entirely for the account and risk of the customer.

9.3. The customer is bound Dutch Import & Distribution Group B.V. to inform without delay about facts and circumstances that may be relevant in connection with the implementation of the agreement.

9.4. To comply with all legal and otherwise applicable regulations that are applicable in the country where the customer is established in connection with the possession, transport, storage, use and sale, in whatever way, of the products, only the customer is responsible.

9.5. The customer indemnifies Dutch Import & Distribution Group B.V. for any claims from third parties who suffer damage in connection with the implementation of the agreement and which do not belong to Dutch Import & Distribution Group B.V. attributable.

9.6. Dutch Import & Distribution Group B.V. assumes that the customer fulfills all his legal obligations.

9.7. All data and information provided by Dutch Import & Distribution Group B.V. provided about the suitability and applicability of the product are given without obligation and do not release the customer from his obligation to (have) his own checks and tests

Article 10. Information and advice

10.1. Information about the processing and application possibilities of the products, advice, guidelines, instructions and further data is, unless expressly agreed otherwise in writing, always provided to the best of our knowledge and / or insight, but without obligation. No rights can be derived from this by the customer and Dutch Import & Distribution Group B.V. cannot be held liable for any damage directly or indirectly resulting therefrom.

Article 11. Delivery period

11.1. Specification of a delivery period is always approximate. Exceeding the delivery period does not give the customer the right to compensation, termination of the agreement or any other form of compensation.

11.2. The delivery period starts as soon as Dutch Import & Distribution Group B.V. has confirmed the order.

11.3. In the event that a delivery period agreed with the customer is exceeded as a result of an event that is in fact outside the control of Dutch Import & Distribution Group B.V. and cannot be attributed to its actions, as described, among other things, in Article 18 of these terms and conditions of delivery, this period is automatically extended by the period that it was exceeded as a result of such an event.

Article 12. Delivery

12.1. The method of packaging and the choice of packaging material are determined by Dutch Import & Distribution Group B.V. determined.

12.2. The customer is obliged to purchase the products. If the customer refuses to take delivery, then Dutch Import & Distribution Group is B.V. entitled to store the products for the account and risk of the customer. 

If the customer has the products that Dutch Import & Distribution Group B.V. despite the fact that they have been made available, does not decrease, regardless of whether payment of the owed has already taken place, then Dutch Import & Distribution Group B.V. the right to sell or have them sold after written notice of default for and on behalf of the customer. The customer will still owe the invoice amount, plus interest, costs and possible compensation, but, where appropriate, less the net proceeds from the sale to that third party.

Article 13. Complaints and returns

13.1. The customer is obliged to check the delivered products immediately upon delivery. The customer must in particular check:

whether the correct products have been delivered;

b. whether the correct number of products has been delivered;

c. whether the products meet the quality requirements or the requirements that may be set for normal use.

13.2. If within 10 days after receiving the products Dutch Import & Distribution Group B.V. the customer has not received any written complaints, the products are deemed to have been approved and accepted.

13.3. Return shipments are only accepted after prior written approval from Dutch Import & Distribution Group B.V. and provided the products are prepaid to Dutch Import & Distribution Group B.V. be sent.

13.4. The customer is obliged Dutch Import & Distribution Group B.V. to give the possibility to check the complaint (s). The fact that Dutch Import & Distribution Group B.V. investigating a complaint does not imply that Dutch Import & Distribution Group B.V. acknowledges that the delivered product is defective.

13.5. If the customer demonstrates that the product was defective at the time of delivery, then Dutch Import & Distribution Group BV will, at its option, replace the product or credit the price for the product concerned. The liability of Dutch Import & Distribution Group B.V. is at all times limited to what is included in Article 17.

13.6. A lack of a product does not give the customer the right to refuse the entire order of which the product is a part.

13.7. Complaints do not suspend the payment obligation of the customer.

13.8. Commercial deviations in color, quality, shape, weight and the like are not eligible for advertising.

Article 14. Payment

14.1. Payment must be made immediately during the completion of the order in the relevant Oppama webshop, without deduction, unless a different condition has been expressly agreed. If Dutch Import & Distribution Group B.V. has not received the payment from the customer, it is deemed to be legally in default and is Dutch Import & Distribution Group B.V. entitled to charge him, without any notice of default, an interest rate on the outstanding part of the invoice amount, which is 2% above the statutory commercial interest rate applicable at that time.

14.2. All judicial and extrajudicial collection costs incurred by Dutch Import & Distribution Group B.V. to collect the receivables from the customer shall be borne by the customer. The extrajudicial collection costs are set at 15% of the principal with a minimum of € 250.

14.3. In the event of liquidation, bankruptcy, seizure or suspension of payment of the customer, the claims of Dutch Import & Distribution Group B.V. immediately due and payable to the customer.

14.4. Every payment by the customer first of all serves to settle the interest (s) owed and then to settle the costs associated with the collection. Only after payment of these amounts does any payment by the customer serve to settle the outstanding principal sum.

Article 15. Retention of title

15.1. All delivered and yet to be delivered products remain the exclusive property of Dutch Import & Distribution Group B.V., until all claims that Dutch Import & Distribution Group B.V. has been or will be fully paid to the customer.

15.2. As long as the ownership of the products has not passed to the customer, the customer may not:

pawn;

b. grant third parties any other right thereto;

c. resell outside his normal business operations.

15.3. The customer is obliged to deliver the products that have been delivered under retention of title with due care and as the recognizable property of Dutch Import & Distribution Group B.V. to preserve. The customer must always do everything that can reasonably be expected of him to safeguard the ownership rights of Dutch Import & Distribution Group B.V. to secure. The customer is obliged to insure the delivered products and keep them insured against fire, explosion and water damage as well as against theft and on first request a copy of the policy of this insurance to Dutch Import & Distribution Group B.V. to provide.

15.4. If the customer fulfills his obligations towards Dutch Import & Distribution Group B.V. does not or not fully comply and in the event of dissolution of the agreement, for whatever reason, then Dutch Import & Distribution Group B.V. entitled to take back all products that are subject to retention of title, without prior notice of default or judicial intervention, without prejudice to the right of Dutch Import & Distribution Group B.V. on full compensation.

15.5. If Dutch Import & Distribution Group B.V. wish to make use of its right as described in this article, then the customer is obliged to import Dutch Import & Distribution Group B.V. grant access to all locations where the products of Dutch Import & Distribution Group B.V. located.

15.6. In the event of attachment, suspension of payment or bankruptcy, the customer will immediately receive Dutch Import & Distribution Group B.V. inform the bailiff, the administrator or the receiver of the seizure of the (property) rights of Dutch Import & Distribution Group B.V.

15.7. The provisions mentioned in this article leave the remaining to Dutch Import & Distribution Group B.V. future rights.

Article 16. Suspension and termination

16.1. Dutch Import & Distribution Group B.V. is entitled to suspend the execution of the agreement with immediate effect if after the conclusion of the agreement Dutch Import & Distribution Group B.V. circumstances have come to light that give good reason to fear that the customer will not fulfill the obligations.

16.2. Dutch Import & Distribution Group B.V. is entitled to terminate the agreement if the customer does not or not fully comply with the obligations under the agreement and the customer has not responded to a sent notice of default. If compliance is permanently impossible, a notice of default may not be required.

16.3. Furthermore, Dutch Import & Distribution Group B.V. authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or can no longer be demanded by standards of reasonableness and fairness, or if circumstances otherwise arise of such a nature that the unaltered maintenance of the agreement cannot reasonably be expected.

16.4. Dutch Import & Distribution Group B.V. is authorized to terminate the agreement

Article 17. Liability and prescription

17.1. Dutch Import & Distribution Group B.V. cannot be held to compensate for any damage that is a direct or indirect consequence of:

an event that is in fact beyond its control and therefore cannot be attributed to it, as described, inter alia, in Article 18 of these terms and conditions of delivery;

b. any act or negligence on the part of the customer, his subordinates, or other persons employed by or on behalf of the customer.

17.2. The colors that can be seen on the customer's screen may differ from the colors that the product actually has. Dutch Import & Distribution Group B.V. is not liable for such color deviations.

17.3. Dutch Import & Distribution Group B.V. is not liable for damage, of any nature whatsoever, because Dutch Import & Distribution Group B.V. is based on incorrect and / or incomplete data provided by the customer.

17.4. Dutch Import & Distribution Group B.V. is not liable for damage suffered by the customer because the customer does not store, process, package or transport the products in the correct manner, as a result of which damage to the products can occur.

17.5. Dutch Import & Distribution Group B.V. is not liable for any damage caused by incorrect or improper use of the products, by using the products in violation of the instructions for use or the instructions for use, by incorrect or improper maintenance of the products or by not, not timely or not properly perform the required checks.

17.6. Dutch Import & Distribution Group B.V. is not liable for damage if the customer or third parties have made changes to the products.

17.7. Under no circumstances is Dutch Import & Distribution Group B.V. liable for damage caused or caused by the product being used for a purpose other than that for which it was intended.

17.8. If Dutch Import & Distribution Group B.V. in its opinion, it is necessary to take measures or to cooperate with recall actions initiated by producers to prevent (further) damage as a result of claims from customers on account of a lack of products supplied, the customer undertakes to cooperate with such measures. grant. Dutch Import & Distribution Group B.V. can never be held liable for damage suffered by the customer as a result of initiated recall actions.

17.9. Dutch Import & Distribution Group B.V. is not liable for mutilation or loss of data as a result of sending the data using telecommunication facilities.

17.10. Dutch Import & Distribution Group B.V. is never obliged to pay compensation as a result of consequential damage. The following shall in any event be regarded as consequential loss: lost turnover, lost profit, missed savings, production damage, company damage, business disruption, stagnation damage, delay damage, reputation damage and indirect damage, regardless of their origin.

17.11. If Dutch Import & Distribution Group B.V. should be liable for any damage, then the liability of Dutch Import & Distribution Group B.V. limited to the amount specified by the insurer of Dutch Import & Distribution Group B.V. payment made. If in any case the insurer does not pay out or the damage is not covered by the insurance, the liability of Dutch Import & Distribution Group B.V. limited to the amount that the customer has paid for the product excluding VAT to which the liability relates.

17.12. The customer indemnifies Dutch Import & Distribution Group B.V. for claims that third parties have against Dutch Import & Distribution Group B.V. with regard to incidents, acts or omissions, for which Dutch Import & Distribution Group B.V. is not liable under the foregoing. The customer is bound Dutch Import & Distribution Group B.V. to compensate on first request for all costs, damages and interest that are incurred by Dutch Import & Distribution Group B.V. may arise as a direct or indirect consequence of a claim against it as referred to in this paragraph by a third party.

17.13. Claim rights and other powers of the customer for whatever reason against Dutch Import & Distribution Group B.V. will in any case lapse after the expiry of 1 year from the moment at which a fact occurs that the customer has these rights and / or powers vis-à-vis Dutch Import & Distribution Group B.V. can use.

17.14. If the customer does not, not timely or properly comply with his contractual obligations or his obligations arising from the law or unlawfully towards Dutch Import & Distribution Group B.V. acts, the customer must compensate all damage that Dutch Import & Distribution Group B.V. suffers or has suffered as a result.

Article 18. Force majeure

18.1. Dutch Import & Distribution Group B.V. is not obliged to fulfill any obligation if it is prevented from doing so due to force majeure. Force majeure means in any case: extreme weather conditions; theft; fire; flooding; landslides; terrorism; obstacles by third parties, including those of governments; obstacles in transport; strikes; riots, wars or war dangers; loss of or damage to products during transport thereof; the non-delivery or late delivery of goods to Dutch Import & Distribution Group B.V. by its suppliers; export and import bans; disruptions and accidents in the factory where the products are produced; the burning of means of transport of Dutch Import & Distribution Group B.V. , its supplier or an engaged transport company, the occurrence of malfunctions, the involvement in accidents thereof; measures from any domestic, foreign or international government.

18.2. Force majeure also includes a shortcoming of suppliers of Dutch Import & Distribution Group B.V.

18.3. If there is force majeure, then Dutch Import & Distribution Group B.V. cannot be held to compensate for any damage as a direct or indirect consequence thereof and it will also be released from its obligation to deliver for the time being. It will depend on the circumstances of the case whether that will be and will remain, in whole or in part, or whether there will only be a suspension of delivery. In the event of an opportunity to deliver and / or change, both Dutch Import & Distribution Group B.V. if the customer is obliged to use it.

18.4. If the force majeure situation has lasted longer than 2 months, then both parties have the right to dissolve the agreement by means of a written statement. What has been delivered up to the force majeure situation will be charged to the customer.

Article 19. Confidentiality

19.1. Both parties are obliged to maintain the confidentiality of all confidential information that they have received from each other or from another source in the context of their agreement. Information is considered confidential if this is stated by the other party or if this results from the nature of the information. The party that receives confidential information will only use it for the purpose for which it was provided.

19.2. If on the basis of a legal provision or a court ruling Dutch Import & Distribution Group B.V. is obliged to provide confidential information to third parties designated by law or competent court, and Dutch Import & Distribution Group B.V. cannot rely on a legal or recognized right of change in this regard or is authorized by the competent court, then Dutch Import & Distribution Group B.V. not obliged to pay compensation or compensation and the customer is not entitled to terminate the agreement on the basis of any damage caused by this.

Article 20. Intellectual property rights

20.1. Dutch Import & Distribution Group B.V. retains at all times all intellectual property rights to documents, quotations, images, designs and drawings made and made available by it.

20.2. The customer must have all intellectual property rights that rest on the Dutch Import & Distribution Group B.V. products fully and unconditionally respected.

Article 21. Applicable law and competent court

21.1. On every agreement between Dutch Import & Distribution Group B.V. and the customer is governed by Dutch law. The applicability of the Vienna Sales Convention is excluded.

21.2. All disputes regarding agreements between the customer and Dutch Import & Distribution Group B.V. be submitted to the competent court in the district where Dutch Import & Distribution Group B.V. is established.

Information zur Online-Streitbeilegung gemäß Art. 14 § 1 ODR-VO (Online-Streibeilegungs-Verordnung):

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die Sie hier finden: (http://ec.europa.eu/consumers/odr. Verbraucher haben die Möglichkeit, diese Plattform für die Beilegung von Streitigkeiten über online getätigte Käufe oder abgeschlossene Dienstleistungsverträge zu nutzen.

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