Werfweg 90, 8243 PG Lelystad
Chamber of Commerce no. 72271442
1.1 Nutsupply.com is a trademark of De Sjofar VOF, established Werfweg 90 in Lelystad and registered with the Chamber of Commerce to Zoetermeer under number 72271442. VAT number:.
1.2 These general terms and conditions apply to the formation, content and implementation of all agreements concluded with Nutsupply which Nutsupply as (potential) seller of goods occurs. These conditions apply to all offers and agreements with Nutsupply. The applicability of other conditions is emphatically had pointed. Deviations must be agreed in writing and only apply to the agreement.
1.3 'the other party' in these conditions means any natural or legal person who wishes to conclude an agreement referred to in paragraph 2 of this article or Nutsupply concluded.
1.4 Buyer shall not (commercial) agent or distributor Nutsupply unless he is appointed by written agreement as such.
2. OFFERS AND PROMOTIONS
2.1 All quotations and / or offers of Nutsupply are entirely optional.
2.2 Nutsupply The price statement is no offer.
2.3 Acceptance of an offer by the buyer, Nutsupply reserves the right to revoke the right to offer within 2 working days after receipt of such acceptance or to deviate. Without Nutsupply will disclose in writing to the buyer reason.
2.4 Verbal promises Nutsupply connect only after an explicit and written acknowledgment.
2.5 Procurement and other conditions of the buyer are expressly rejected by Nutsupply, unless they are still accepted explicitly and in writing by Nutsupply.
3.1 The business Nutsupply are supplied at the prices prevailing at the time of ordering by Nutsupply.
3.2 All prices are subject to change. The consequences of incorrectly listed prices no liability is accepted.
3.3 Nutsupply reserves the right agreements have been concluded on the basis of incorrectly listed prices, not to accept.
4. CONCLUSION OF CONTRACT
4.1 Agreements are concluded only after an order by Nutsupply feasibility is assessed. Nutsupply does not accept the law without giving reasons, orders or commands.
5. PICTURES AND SPECIFICATIONS
5.1 All images, photographs (technical) data sheets (technical) specifications, dimensions, colors, etc. are only approximate, are not binding and can not lead to compensation and / or reason for termination of the agreement.
5.2 All by or on behalf of Nutsupply made designs, images, etc. and remain under paragraph 1 owned Nutsupply and may not be copied without express written consent or reproduced in any way, nor are displayed or used in any way to third parties.
6. DELIVERY AND IMPLEMENTATION
6.1 Deliveries take place exclusively within the Netherlands, unless otherwise agreed.
6.2 Delivery of orders normally up to 30 days, unless otherwise stated or renamed. This delivery is an indication and not a deadline.
6.3 If the agreed delivery time for any reason exceeded by Nutsupply, Nutsupply shall notify the purchaser in writing. In that case, the buyer has the right to cancel the agreement with Nutsupply by this known to Nutsupply.
6.4 If necessary, within the framework of the previous article already payments made by the purchaser as soon as possible but in any event within fourteen (14) days after Nutsupply receives the request to terminate the agreement referred to in Article 6.4, to the bank or giro account of the buyer refunded.
6.5 by Nutsupply specified delivery times will never be regarded as a deadline, unless expressly agreed otherwise.
6.6 Delivery takes place at the place and time that the goods are ready for shipment to the buyer. Nutsupply itself retains ship and bill the right orders in partial deliveries.
6.7 Unless otherwise agreed, Nutsupply determine the method of shipment. In case Nutsupply chose the shipping method, the business's risk Nutsupply. Nutsupply bear the risk on the business at the time of the offered goods at receipt to the specified address.
6.8 If it is postponed at the request of the buyer the delivery or accelerated, then the buyer is obliged to pay the associated costs.
6.9 Nutsupply is entitled to charge additional labor charge if the delivery is delayed by circumstances not attributable to him.
6:10 Nutsupply is not required products delivered to redeliver once, when they are taken by him or his suppliers production or for any other reason from its sales program expired.
6.11 The buyer is obliged to supply to receive the goods. Failing this, the expense and risk of the purchaser are stored.
6:12 If the buyer despite a demand to this end the business within three weeks later has not collected the by specifying Nutsupply warehouse Nutsupply has the right to take back the goods without the buyer's compensation and the original purchaser for any loss liability hold. The original purchaser shall at all times be obliged to reimburse the costs of the aforementioned storage and incurred Nutsupply (extra) shipping and handling.
6:13 Exceeding a delivery date, the buyer shall never be entitled to any damages against Nutsupply.
7. COOLING / TERM
7.1 After the buyer has his / her product has received, the buyer has the right to cancel the agreement with Nutsupply within fourteen (14) days after receipt of the product. The buyer is not obliged to give a reason. The buyer receives within fourteen (14) days refunded his money.
7.2 If the buyer wishes to terminate the agreement under Article 7.1 of these conditions, the buyer must notify in writing Nutsupply. The buyer should return the product after consultation with Nutsupply -to a return address determined by Nutsupply. The costs of return are borne by Nutsupply.
7.3 Nutsupply reserves the right to refuse returned products or to credit only part of the amount already paid, if it appears that damaged or incomplete product is returned.
7.4 If a product is returned that has been damaged in the opinion of Nutsupply which is due to an act or omission of the buyer or otherwise at risk of the buyer, Nutsupply shall notify the purchaser in writing. Nutsupply entitled to the depreciation of the product as a result of this damage from the buyer to repay the amount.
8.1 Payment shall, unless otherwise agreed in writing, in advance to be paid via Ideal and / or transfer place until the actual delivery of the goods or after the provision of the agreed services. In case Nutsupply sends an invoice, payment for goods and / or services to take place on the bank account of Nutsupply is as stated on the invoice within fourteen days after the invoice date unless otherwise agreed in writing.
8.2 Nutsupply is entitled to increase the invoice amount (excluding VAT) with a so-called credit limitation surcharge of 2% of that amount. When payment within Article 6.1, purchaser shall be entitled to make the corresponding amount deducted stretch on the invoice amount (excluding VAT).
8.3 If Nutsupply granted discounts to the buyer, the buyer is entitled to do this discount deductions stretch on price, unless payments are not made on time and open / or invoices.
8.4 The buyer Payments made in settlement of interest and costs and then invoices which the longest, even if the buyer states that the payment relates to a later invoice.
8.5 If the buyer does not cash the bill is paid by the due date, there is no prior notice to Nutsupply interest payable of 2.5% on the outstanding amount per month, a month shall be counted as a whole month.
8.6 If the buyer fails to pay within the period prescribed amount owed by him and Nutsupply proceeded to collect the claim by judicial or other means, the buyer is obliged to pay Nutsupply compensation due to the associated costs in accordance with the collection rate of the Dutch Bar Association, but with a minimum of € 115, - per invoice.
8.7 Late payment Nutsupply entitles its part to suspend its performance under this and / or other agreements with the Buyer, or to terminate, without the buyer is entitled to damages or rescission of the contract and without prejudice to Nutsupply by any loss of profit and other consequential damages.
8.8 Nutsupply is at all times entitled to demand that the purchaser provide sufficient security for the payment of the performance Nutsupply performance, and another in a manner to be specified by Nutsupply.
8.9 The buyer is not allowed to apply set-off.
8.10 handling complaints and / or warranty claims do not entitle to delay payment or partial payment.
8:11 Nutsupply capable of any of its buyers in a current account relationship.
9.1 The ownership of the delivered goods is expressly reserved by Nutsupply until full payment, including reimbursement of all costs and interest, including previous and subsequent deliveries and services, as well as damage claims for failure to comply has occurred.
9.2 It is the buyer is not free without alienating the business previously written consent Nutsupply, rent, cede to use or move outside his business, pledge or otherwise encumber.
9.3 The buyer undertakes on the first request of Nutsupply to make the goods to Nutsupply available, and already now irrevocably grants permission to Nutsupply or the persons designated by Nutsupply, where to enter the property is located, to the business to bring along.
9.4 Nutsupply provided pursuant to subsection 1 to the purchaser the ownership of the items listed when the buyer has fulfilled all its obligations, but subject to the lien of Nutsupply for other liabilities Nutsupply has on the buyer. The buyer will first request Nutsupply cooperate in actions that are required in that respect, on pain of a penalty for each day that the buyer remains negligent.
9.5 Goods or parts thereof, which are replaced under warranty, or be thus remain the property of Nutsupply in full satisfaction of all amounts of copper Nutsupply can claim, occurred.
10.1 Complaints in general and complaints about invoices must be made within eight days of receipt of goods or invoices, or within eight days after any lack of business is or should have been discovered discovered in writing and with a proper description of the complaint Nutsupply known to be made. After the expiry of this period Nutsupply be deemed to have been correctly fulfilled its obligations, and it is assumed that the buyer's business c.q. invoices correctly recognizes.
10.2 Complaints do not give the buyer shall never be entitled to suspend its payments.
10.3 If a complaint is justified by Nutsupply, Nutsupply entitled at its discretion:
· To review the bill and to alter the amount invoiced;
· Replace it delivered by a case with the same specifications or to repair in which the replaced goods or parts are delivered to Nutsupply;
· Take it back and delivered to terminate the contract and receive a refund of being obliged invoice amount paid by the buyer without any compensation.
10.4 Complaints regarding matters pertaining to a consignment does not affect previous and subsequent installments forming part of the same order.
10.5 Minor produce commercially or technically unavoidable deviations and differences in quality, color, size or finish, no ground for complaint can.
10.6 The buyer must offer to repair any defects promptly opportunity where appropriate Nutsupply.
10.7 Any return of goods to or from the purchaser's expense and risk of the buyer. Nutsupply accept returned goods only if and insofar as it agrees in writing in advance of this return, and then only if these matters to be delivered address by specifying Nutsupply in the original packaging and in the condition Nutsupply delivered these goods to the buyer.
11.1 Nutsupply made only guaranteed if agreed in writing. On third-party business in question provided any factory warranties within the applicable regulations in force in the party.
11.2 Loans warranty expires if the other party is not used according to specifications and destination of the goods supplied, they are prepared or processed, or improper use, maintain, repair or change, or if the other party does not fulfill its obligations to Nutsupply.
12. LIMITATION OF LIABILITY
12.1 Nutsupply nor third parties that it engages in favor of the creation or execution of any agreement, be liable for any damages arising from and related to the contract, which the buyer or any these may incur third party involved in the execution of the agreement , directly or indirectly, no matter what is the cause thereof.
12.2 Notwithstanding the foregoing Nutsupply liability shall never be:
· For non or late delivery;
· For information in brochures, catalogs, advertising material, the like quotes .;
· In case of non-attributable failures (force majeure), as referred to in Article 15;
· If the buyer or a third party repairs the goods delivered, alter, this used for purposes other than for which it is suitable or intended, the delivered overloaded and otherwise used improperly;
12.3 If Nutsupply in any case, despite the above, shall be liable for any damages, accepted Nutsupply liability only insofar as this liability is covered by its insurance, to the amount of the payment made by the insurance.
12.4 If the insurance in any case not going to pay, Nutsupply is never liable for more than the invoice amount of the agreement.
12.5 The buyer shall indemnify Nutsupply all third party claims against Nutsupply.
12.6 The exclusions of liability included in these conditions c.q. restrictions do not apply if the damage is caused by intent or gross negligence of Nutsupply or its managerial staff.
13. Force majeure
13.1 Nutsupply is not liable if and when she can not be fulfilled due to force majeure.
13.2 Force majeure means any strange reason, and any circumstance, which ought not to come for her in all fairness. Delay or failure by our suppliers, transport problems, strikes, government measures, refusal of import, fire, frost, storm, flood, riot, terrorism, acts of war, mobilization, war, martial law, delays in supply, omissions of suppliers and / or manufacturers of Nutsupply as well as from individuals, disease, defects in appliance or shipment tools count explicitly as force majeure.
13.3 Nutsupply in cases of force majeure the right to suspend its obligations. Nutsupply is also entitled to terminate the contract in whole or in part, or to claim that the content of the agreement is amended so as execution remains possible. In no event shall Nutsupply obliged to pay any penalty or damages. Nutsupply reserves the right to payment of the already made deliveries and the costs incurred.
13.4 Nutsupply has no power to suspend, if performance is permanently impossible or the temporary inability continues for more than six months. In these cases the contract can be terminated by either party, without, however, the buyer is entitled to compensation for any damage.
14.1 If the buyer does not, not timely or not properly fulfill its obligations to Nutsupply and if his bankruptcy is / is claimed he is declared bankrupt, he applies for a moratorium, or to its creditors or some of them offers an arrangement or agreement, in addition to confiscation of its assets or a part thereof, or he goes to sell or liquidate its business, as well as in case of death, receivership or if he otherwise managing or leadership his company, business or a part thereof, the buyer is legally in default and any claim that Nutsupply has or acquires a dependent, immediately due and payable without any notice is required.
14.2 In the cases referred to under 1, Nutsupply has the right, without notice, for its part to suspend or terminate some or all of the further implementation of the agreement.
14.3 Nutsupply is authorized at all times to claim damages from the buyer and take back the goods delivered.
14.4 If the buyer wishes to terminate the agreement, he will always first Nutsupply written notice of default, and allow a reasonable time to recover yet to meet its obligations or shortcomings, which shortcomings buyer should spell out in writing .
14.5 The buyer has no right to dissolve the agreement in whole or in part or to suspend his obligations, if he was already in default with the fulfillment of its obligations.
14.6 In case of partial termination, the purchaser can not claim to undo work already performed by Nutsupply, and Nutsupply full right to payment already made by it performance.
If confirmed and / or signed commissioned specially for the buyer ordered or assembled products is canceled by the buyer without Nutsupply has been in default (Art. 14.4), then Nutsupply reserves the right to 10% of the contract (ex vat ) to charge.
15 APPLICABLE LAW / JURISDICTION
15.1 All agreements are subject to Dutch law.