| from Callaworld, located in Andijk, registrated at Chamber of Commerce with number 37099448
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Article 1. Definitions
1. The "Purchaser" in these terms mean any (legal) person with Calla World, has concluded a contract or wishes to close, and moreover, their representative(s), agent(s) and successor(s).
2. The term "consumer" in these conditions means any buyer who is a natural person and not acting in the exercise of a profession or busines.
Articlel 2. Relevance
1. All offers, agreements and their implementation shall be exclusively governed by these Conditions, unless the parties expressly agreed otherwise in writing.
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2.Additions and / or deviations from these conditions must be expressly agreed in writing.
3. All provisions in these conditions shall also apply to the consumer unless the consumer specifically regarding otherwise.
Article 3. Offers and Contracts
1. All Callaworld offers made are always free, unless otherwise expressly agreed.
2. An agreement between buyer and Calla world is only established if and when an order is confirmed in writing by Callaworld, or because all or part of Callaworld in a contract has implemented.
3. At the inception of the agreement CallaWorld entitled to demand security for the financial performance of the said agreement. Refusal of copper to the required security CallaWorld gives the right to refuse the order.
Article 4. Tarifs
1. All prices and rates are in Euro, unless otherwise indicated.
2. Prices are based on prices of materials, wages, social - and fiscal charges, import duties and freight costs applicable at the time of listing. If due to price rises of raw materials, auxiliary materials, components, transport, wages, insurance premiums, taxes, import duties, exchange rates, etc., since the date of offer increases have undergone is Calla World right price accordingly increase.
3. In the preceding paragraph shall also apply if the cost push factors at the time of the conclusion of the agreement were foreseeable.
4. If the cost increase under paragraph 2 exceeds 15%, the buyer is entitled to the order within 3 days after the date on which Purchaser has become aware, cancel.
5. If the purchaser and consumer under paragraph 2 there is a price increase is consumers during the first three months after signing the agreement entitled to terminate the contract.
Article 5. Delivery
1. Quoted delivery times will never be regarded as deadlines, unless otherwise expressly agreed. For non-timely delivery Calla World therefore be given written notice of default and its a final delivery date to be awarded.
2. On the supply obligation will be fulfilled by CallaWorld once offering business. The receipt signed by the Purchaser or his representative, as full proof of delivery. In case of non-purchase, storage and other costs borne by buyer.
3. If buyer fails to perform an act which he in the delivery of the goods shall co-operate, the business risk of the buyer from the moment they are ready for dispatch or delivery.
Article 6. Retention and transition
1. As long as the purchaser has fulfilled all its payment and other obligations to Calla World, delivered remains the property of CallaWorld.
2. Purchaser is not entitled to the collateral provided to third parties or property transfer, or use third parties to assist, until the buyer on his payment and other obligations to Calla World has met. By Calla World Goods supplied under paragraph 1 under the title, may only in the ordinary course of business be sold.
3. When buyer any obligation under the agreement, not timely or properly comply with, or should any other circumstance as in Article 7 paragraph 1 occurs, Calla World without judicial intervention to repossess the goods back to (do) take. Buyer shall irrevocably grant permission to Calla World to gain access to the area (s) in which the goods are located, and undertakes to Calla World have them removed, failing which a fine copper from € 45.38 per day forfeits.
4. Where the World Calla delivered actually reversed the agreement in accordance with Article 7 paragraph 1 dissolved.
5. Buyer is obliged to immediately inform Calla world that third parties assert rights to the World provided by Calla, where they (still) not belonging to them, and if any circumstance of Article 7 paragraph 1 occurs. If it later proves that the buyer of this obligation is met, then he is a penalty amounting to 15% of it to World Calla amount, excluding VAT, with a minimum of € 45.38.
Article 7. Termination and contract termination
1. CallaWorld reserves the right to contract with the buyer without judicial intervention When finished, if the buyer:
a. receivership, or bankruptcy, be able vanfaillissement states or states under administration;
b. any (payment) obligations under the agreement, not properly or timely honor and Calla World first formal notice has been given teneindealsnog to meet within a reasonable time;
c. decides to liquidate and / or close down his business;
d. the free disposal of his assets, or if a natural person purchaser is placed under guardianship, or dies.
2. Upon termination as provided for all claims against buyer shall be immediately due and World Calla also entitled to claim full compensation of damages, lost profits and / or interest.
3. The item profit is at least 15% of the agreed price with a minimum of € 45.38 (ex VAT) unless the contrary is proved, the item "lost interest", the amount of statutory interest.
Article 8. Transfer of risk
1. All risk of transportation to deliver or delivered shall be in copper, both in terms of direct and indirect damage, unless otherwise expressly agreed. If copper consumer and business to buyer / consumer concerns, the case only for the buyers risk from the moment of delivery.
2. Callaworld is supplied, without prejudice to the preceding paragraph, from the time of (de) provision for risk of buyerr.
Article 9. Guarantee
1. Subject to any factory and / or wholesale guarantee is no guarantee for goods delivered, unless otherwise agreed in writing.
2. Warranty shall only apply to the correct use of the goods and provided they are used according to instructions and specifications provided to buyer.
3. Any warranty expires, if the buyer made or delivered:
a. changes in themselves or the goods delivered are carried out by;
b. other than the normal intended purposes;
c. injudiciously has handled and / or maintained.
4. If a consumer buyer shall, without prejudice in this article, regarding the obligations of the law from Callaworld.
Article 10. Responsibility
1. Calla World accepts liability for damage caused by defects in goods delivered which Callaworld is liable, where such liability is covered by insurance, the amount of the insurance compensation.
2. If the insurance in any case not pay out the liability of World Calla limited to the invoice.
3. If buyer is not providing all assistance, information and intelligence which Calla World necessary or useful in order to provide the supplies, to provide Callaworld, the purchaser may never damages or any other right of non-compliance with the agreement by CallaWorld.
4.Callaworld is not liable for the industry deemed permissible technically unavoidable deviations in quality, quantity, color, size and finishing, etc., which are not deviations buyer the right to refuse the goods.
5. In this article are the limitations of liability do not apply where the damage caused by intent or gross negligence of CallaWorld of its managing.
6. If the purchaser consumers apply for the liability of the Calla World statutory provisions.
Artikel 11. Betaling
1. All payments, unless otherwise agreed in writing, must be made on delivery or within 8 days after invoice date, either in cash or at a designated Callaworld bank account.
2. All payments must be made without setoff. Purchaser may no reason to suspend payments.
3. If Purchaser is a Consumer, in the preceding paragraph shall not.
4. If the invoice CallaWorld within the period of 8 days of copper has received this about a bear interest at the statutory rate, applicable for the time that the buyer is in default, the time is calculated in full months.
5. If the payment of a term within 8 days after invoice is received and when Calla World then takes legal action seeking to obtain payment from Purchaser, Purchaser shall be obliged to pay the CallaWorld to make (extra) judicial collection costs, which are set at least 15% of the outstanding invoice amount (or part thereof) with a minimum of € 68.07 by the purchaser without prejudice to any court order under due process costs.
6. All payments made by or on behalf of buyer first serve to settle the interest and costs and then to outstanding invoices, which are the longest, even if the buyer that payment relates to a later invoice.
7. If the buyer to pay a part delivery or stage of default, is Calla World entitled still to be execute orders or phases to suspend the deadline for buyer due (part) invoice unpaid, without prejudice to the right of Calla World order after notice the contract (s) permanently cease and to demand payment of all that World Calla until then has to claim without prejudice to the right to compensation according to the CallaWorld Article 7.
Article 12. Force majeure
1. Force majeure is also understood the situation that Calla World extraordinary circumstances such as frost, strikes, factory occupations, fire, traffic barriers or transportation problems, lack of materials and / or materials, mobilization, martial law, riot or insurrection, import or export restrictions and other government actions or regulations and any other circumstance which reasonably CallaWorlds control, is unable to contract in accordance with arrangements made to implement.
2. In case of force majeure, entitled World Calla compliance with the agreement without judicial intervention or to be suspended during the force majeure situation persists, either to terminate the agreement without Calla World to pay any compensation or penalty to the buyer is obliged.
3. When a suspension of execution of an order exceeding 3 months, Purchaser shall be entitled to terminate the agreement, unless the specific circumstances of a case justify a shorter period.
4. Upon termination as provided Calla World is entitled to demand payment of all that hitherto has been delivered / performed and Calla World is not liable to pay any compensation or penalty to the buyer.
Article 13. Complaints
1. Buyer must examine the goods upon delivery or as soon thereafter as possible (leave) investigations. Complaints concerning visible defects shall only be considered if, within eight days after receipt of the goods to the attention of Calla World are brought.
2. Complaints relating to non-visible faults shall only be considered if, within eight days after discovery, but within 14 days after delivery to the attention of Calla World are brought.
3. If the complaint is found true World Calla, Calla World will be given the necessary time to it deems necessary to take, or the rejected goods to substitute another.
4. Complaints will not be accepted if it appears that third parties something to the business have changed or repaired, except in the case with the previous knowledge of CallaWorld is done and in emergencies, where the buyer has previously impossible metCallaworld has to understand, but he Nevertheless Calla World immediately of the emergency has notified.
5. Complaints relating to (part) shall submit invoices within seven days of the mailing date shall be brought CallaWorld.
6. After the expiry of the above time limits shall be deemed buyer the goods / services, or the invoice to have approved. Complaints will then no longer be handled by CallaWorld.
7. Claims relieve the buyer from his obligation to pay timely under Article 11.
Article 14. Trademark and trade name
1. The buyer is expressly forbidden to use the Calla World trade in used trade name, trademark and logo without express written permission of CallaWorld.
2. Buyer will, when authorized in paragraph 1 to read them carefully follow CallaWorld.
3. By violating this article shall forfeit a fine of € 22689.01 copper per violation, the right of CallaWorld full damages to be recovered.
Article 15. Returns
1. Returns without prior written permission of Calla World are not allowed, and only possible within 8 nagen receipt of the goods.
2.Return shipping costs will be charged to the sender. CallaWorld reimburses only the value of the returned goods.
3. If returns without permission from World Calla done, all resulting costs borne by buyer.
4. Returns without permission from World Calla never release Purchaser from its payment.
5. In the case of a return or cancellation, the full amount paid refunded to the buyer. The goods must be returned to an address specified by CallaWorld.
6. In the case of unwanted products in the same condition they should be returned as they were received and should be unused. Any damage to the product not caused by manufacturing errors, the amount of influence to retouneren.
Articlel 16. Applicable law
All agreements entered into with Calla World Dutch law. The applicability of the Vienna Sales Convention 1980 is excluded.
Article 17. Disputes
1. All disputes arising from or related to a contract with the buyer, if the court has jurisdiction, exclusive jurisdiction of the competent court in Amsterdam, except power CallaWorld the dispute before the court which has jurisdiction in the residence or location of the buyer to bring.
2. If the buyer is a consumer, paragraph 1 shall not apply. Then apply to carry out the statutory provisions.
Andijk, April 2005
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