TERMS AND CONDITIONS
General terms and conditions KOLL3KT
General delivery and sales conditions
Article 1. Applicability
- The following definitions are used in these general terms and conditions:
General terms and conditions: all provisions in this document, which can be found at https://KOLL3KT.com/terms/.
KOLL3KT: the (trade) name, including the private company with limited liability Superior Goods B.V. is exploited.
Counterparty: any legal entity or natural person who has concluded an agreement with KOLL3KT, or has received an offer to that effect.
Goods and products: all goods and products traded by KOLL3KT, including clothing and related items.
Agreement: a (written) agreement between KOLL3KT and a Counterparty whereby KOLL3KT undertakes to deliver to the Counterparty one or more goods or products against payment by the Counterparty of the applicable price.
Purchase or distance: the distance contract that concerns a consumer purchase, as referred to in Article 7: 5 Dutch Civil Code.
Distance contract: an agreement or distance, as referred to in Article 6: 230g of the Dutch Civil Code, whereby within the framework of a system organized by KOLL3KT for remote sales or services without the simultaneous personal presence of KOLL3KT and the Other Party and whereby, up to and including at the time of concluding the agreement, only one or more means of distance communication is used
- These general terms and conditions apply to all offers, quotations, order confirmations and agreements of KOLL3KT and all related actions, both of a preparatory and executive nature.
- Other terms and conditions are only part of the agreements concluded between KOLL3KT and the Other Party, if and insofar as both parties have explicitly agreed in writing.
- The acceptance and retention of a quotation or order confirmation by the Counterparty to which reference is made to these general terms and conditions, without contradiction, counts as consent and application thereof, insofar as these general terms and conditions are attached or are already in the possession of the Counterparty.
- The possible inapplicability of (part of) a provision of these general terms and conditions does not affect the applicability of the other provisions.
- If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
- The applicability of any purchase or other conditions of the Counterparty of KOLL3KT is explicitly rejected. Contrary to the provisions of article 6: 255 paragraph 3 of the Dutch Civil Code, KOLL3KT is not bound by deviations from the offer of KOLL3KT occurring in the acceptance by the potential Counterparty.
- The general terms and conditions were changed for the last time on May 25, 2018 and can be changed at any time and are subject to printing and typing errors.
Article 2. Offers
- All offers, quotations, price lists, delivery times, etc. of KOLL3KT are without obligation, unless they contain a term for acceptance. If a quotation or offer contains a non-binding offer and this offer is accepted by the Other Party, KOLL3KT has the right to revoke the offer within two days after receipt of the acceptance.
- KOLL3KT cannot be held to its quotations or offers if the Other Party can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or clerical error.
- Images, colors, drawings and measurements in the offers, order confirmations and quotations are only indications. KOLL3KT is not liable for deviations.
- If an offer is composed of different amounts, KOLL3KT is not obliged to execute a part of the offer at a corresponding part of the price stated in the offer.
Article 3. Agreement
- An agreement between KOLL3KT and the Other Party is established after KOLL3KT has confirmed the order of the Other Party in writing. KOLL3KT is entitled to refuse orders or to attach special conditions to the delivery. The agreement can only be amended if the parties agree in writing.
- The Counterparty guarantees that the information provided to KOLL3KT is correct.
- In the event of cancellation or change of the order after the conclusion of an agreement between KOLL3KT and the Counterparty, the Other Party owes cancellation costs to be determined by KOLL3KT. These cancellation costs consist of all reasonable losses, lost profits and other damage suffered by KOLL3KT with a view to the execution of the order.
- Cancellation or changes to the order is in any case no longer possible in the period of 14 days prior to the delivery date. In that case, the full principal sum, plus VAT, will always be due.
- KOLL3KT is entitled at or after entering into an agreement, before performing, to demand from the Other Party that both the payment and other obligations under the agreement are met.
- Subject to the right of withdrawal (cf. art. 4.1 of these terms and conditions), the Other Party relinquishes all rights to dissolve and / or annul the agreement in whole or in part.
- If the Counterparty does not fulfill its obligation or gives KOLL3KT good reason to fear that it will not comply with its obligation, and therefore – without notice of default is in default – KOLL3KT is entitled to fulfill its obligations against it, as well as those arising from the same to suspend legal relationship or from matters that the parties have regularly done with each other, without prejudice to the rights accruing to KOLL3KT by law or these general terms and conditions.
- Without prejudice to the other rights and the provisions elsewhere in these general terms and conditions and without prejudice to the right to compensation, KOLL3KT can, without judicial intervention by means of a written extrajudicial statement, dissolve the agreement:
- If the Other Party is in default with the fulfillment of its payment obligations, or if the Other Party fails to fulfill one or more of its other Obligations under the agreement on time or in full;
- The Other Party has applied for a moratorium.
- The Counterparty is declared bankrupt.
- The Natural Persons Debt Restructuring Act (WSNP) is declared applicable to the Other Party.
- The Counterparty loses all or part of the free disposal of its assets or income.
- In case the Other Party sells or liquidates its company.
Article 4. Buy remotely
- Contrary to what is stipulated elsewhere in these terms and conditions, the Other Party may, if and insofar as this party is a natural person who is not acting in the exercise of a profession or business and there is a question of distance selling, as referred to in Article 6: 230o BW Civil Code, dissolve the Agreement without giving reasons until a period of fourteen (14) days has expired, after:
- the day on which this consumer or a third party designated by the consumer, who is not the carrier, has received the item; or
- the day on which this consumer or a third party designated by the consumer, who is not the carrier, has received the last item, if the consumer has ordered several items in the same order that are delivered separately.
- During this reflection period, the Other Party will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
- This Counterparty has no right of dissolution with:
- the delivery of goods manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
- In case of legal dissolution, KOLL3KT will reimburse all amounts received and the delivery costs. The Other Party will have to bear the costs of returning the goods in case of exercising the right of dissolution.
- If the Consumer has paid an amount, KOLL3KT will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
- The dissolution must always be in writing (eg by e-mail, letter).
Article 5. Engagement of third parties
- KOLL3KT is authorized to engage third parties for the implementation of the agreement.
- If KOLL3KT makes use of third parties in the context of the implementation of the agreement, it is never liable – except in the case of intent or deliberate recklessness caused by managers within the company of KOLL3KT – for damage resulting from this for it. Damage is understood to include: damage to property of the Other Party and / or third parties.
- The applicability of articles 7: 404 and 7: 407 paragraph 2 Dutch Civil Code is excluded.
Article 6. Prices
- Unless stated otherwise, all quotations are subject to price changes.
- The prices stated by KOLL3KT are in Euros including VAT, or if this is stated separately in other currencies and / or excluding VAT.
- If, after the conclusion of the agreement, but before the delivery of products or goods, an increase in price-determining factors, such as but not limited to raw materials, materials, parts, energy prices, transport costs, import duties, salaries or social security charges, KOLL3KT is entitled to cost-increasing factors to be passed on to the Other Party.
Article 7. Delivery term, delivery term and implementation
- The delivery times stated by KOLL3KT are never strict deadlines. Exceeding the delivery period does not entail any liability on the part of KOLL3KT and does not give the Other Party the right to cancel the order or to refuse receipt or payment of the products. The Other Party indemnifies KOLL3KT against any claims from third parties with regard to late delivery by KOLL3KT.
- Delivery takes place by physical transfer of the goods and / or products to the other party. From the moment of delivery, the risks of loss or damage to the products are at the expense and risk of the Other Party.
- In the case of partial delivery, each phase is considered a separate transaction and can also be invoiced in a corresponding manner.
- If it proves impossible to deliver due to a cause in the sphere of the Other Party, KOLL3KT reserves the right to the goods and / or to store products at the risk of the Other Party. After a period of two weeks after the other party has been given notice of default, KOLL3KT is authorized to dissolve the agreement.
- The foregoing is without prejudice to the Other Party’s obligation to pay the agreed price.
Article 8. Privacy and third parties
- In order to implement the agreement concluded with the Other Party, it is necessary for KOLL3KT to process and / or provide certain personal data of the Other Party to third parties. The data will – subject to a legal obligation – only be provided to a third party if this is necessary for the execution of the agreement.
- The rights of the Other Party with regard to the aforementioned processing of its data can be found in the enclosed Privacy Statement, which the customer had to accept before the conclusion of the agreement.
- Insofar as the information provided by the Other Party concerns personal data of a third party, the Other Party declares that it is entitled to do so. It is up to the Other Party to enter into a processor agreement for this purpose. The Counterparty indemnifies KOLL3KT against possible damage, in whatever form, that third parties suffer as a result of this processing, except in the case of intent or conscious recklessness by KOLL3KT.
Article 9. Payment
- The Other Party must pay the invoice amount without any discount to the bank account indicated by KOLL3KT on the invoice within 30 days of the invoice date.
- By the mere expiry of the payment term, the Other Party is by operation of law – therefore without sending a notice of default – in default and owes interest equal to 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. From the day that its default has occurred, the Other Party will be charged with all costs incurred by KOLL3KT, both extrajudicial and judicial.
Article 10. Retention of title
- As long as the Counterparty has not paid KOLL3KT in full, including but not limited to payment of all invoices, including for earlier and later deliveries and services rendered, reimbursement of all costs and interest, as well as damage claims due to shortcomings in the performance by the Counterparty, KOLL3KT retains retains ownership of the products it supplies.
- The Other Party is obliged to keep the products delivered under retention of title carefully and as recognizable property of the Supplier and to insure them against risks such as fire, explosion, damage and theft.
- As soon as the Other Party has paid KOLL3KT in full, the ownership of the product transfers to the Other Party. The Other Party is not free to encumber the products, rent them, give them in a mountain exchange or move them outside their accommodation without written permission from KOLL3KT. The Counterparty is only entitled with the consent of KOLL3KT to sell or deliver the products, of which KOLL3KT is the owner, to third parties.
- If the Other Party does not fulfill its obligations or if KOLL3KT has justifiable fear that it will not do so, the Supplier is entitled to have the delivered products removed from the Customer. The Other Party is obliged to cooperate fully in this regard. The Counterparty now grants irrevocable authorization to KOLL3KT that they, or persons to be designated by it, may enter the place where the products are located in order to take the products with them. All resulting costs are for the account and risk of the Other Party.
- The Counterparty is obliged to immediately inform KOLL3KT in writing of the fact that third parties assert rights to goods and / or products on which a retention of title of KOLL3KT.
Article 11. Complains
- The Other Party must immediately inspect this product after receipt of the product from KOLL3KT. Complaints with regard to the products delivered by KOLL3KT must be submitted to KOLL3KT in writing with an accurate description of the complaint to KOLL3KT seven (7) days after receipt of the goods, under penalty of forfeiture of all liability of KOLL3KT. Complaints regarding partial deliveries may not be postponed until all agreed products have been delivered.
- The Other Party is not at liberty to return a product before the Supplier has agreed to this in writing, subject to the provisions of Article 4. Acceptance of return shipments may never be regarded by KOLL3KT as acknowledgment by KOLL3KT of defects in the delivered goods or as acknowledgment of liability. The costs of returning are for the Other Party and the products remain its risk.
- If a complaint is acknowledged, KOLL3KT has the choice to repair, replace or credit the invoice amount without being obliged to pay any compensation.
- Carried goods or products that will be taken back are collected by the Other Party and taken back at a time and manner to be determined by KOLL3KT. Reimbursements by means of crediting take place as soon as KOLL3KT deems the complaint – in its full unilateral opinion – to be well-founded.
- Worn complaint goods or products older than 12 months after the invoice date will no longer be processed by us.
Article 12. Liability
- Apart from cases of intent or gross negligence on the part of KOLL3KT, KOLL3KT is not liable for any damage by the Other Party or third parties.
- Liability of KOLL3KT towards the Other Party is in any case limited per event to the lowest amount of either the relevant contract amount (invoice amount excluding turnover tax) or the amount that KOLL3KT receives from its insurer in respect of this, with a maximum of EUR 1,000 including VAT.
- KOLL3KT is under no circumstances liable for indirect damage of the Other Party such as consequential damage and lost profit.
- The Counterparty is obliged to indemnify and indemnify KOLL3KT with regard to claims for compensation, which third parties may enforce against KOLL3KT, if the damage of third parties is caused by infringement of patents and / or copyrights, by use of drawings, data. , models, materials or parts, or by applications of working methods, which have been provided or prescribed to KOLL3KT by or on behalf of the Other Party for the execution of the order.
Article 13. Force of the majority
- In case of force majeure, KOLL3KT has the right to suspend fulfillment of all its obligations towards the Counterparty and to dissolve all agreements with the Counterparty in whole or in part while retaining the right to payment for the work already performed and the costs incurred and without retaining pay any fine or damages.
- Force majeure in these general terms and conditions is understood to mean any circumstance beyond the control of KOLL3KT – even if this could already have been foreseen at the time of the conclusion of the agreement – that permanently or temporarily prevents fulfillment of the agreement, as well as, insofar as this includes not already included: war, danger of war, riots, mobilization, domestic and foreign unrest, government measures, strike, lockout of workers, transport problems, natural phenomena, fire, and other serious disruptions in the business of KOLL3KT or its suppliers or third parties who are involved in the implementation of the agreement are enabled.
Article 14. Guarantee
- KOLL3KT guarantees the reliability of the goods delivered by it and the materials used for this. If there are items that are wholly or partially manufactured from natural products, there may be deviations from samples. Insofar as there is a deviation customary within the industry, this does not entitle the Other Party to return the goods or to any (damage) compensation. Furthermore, KOLL3KT only guarantees the soundness of the goods delivered by it and the materials used for them if these goods are used in a normal, careful manner and in accordance with the instructions of the KOLL3KT and the materials used for this, as well as for the purpose for which they were manufactured. This guarantee does not apply if KOLL3KT delivers items of an expressly agreed lower quality. KOLL3KT determines whether the warranty applies and determines the method of repair and / or shipping.
- No warranty can be claimed if the defect or wear is the result of negligent maintenance or normal use. Moreover, no claim can be made under the guarantee if the Other Party is in default and does not fulfill its obligations.
- In the event of replacement or reimbursement, account will be taken of the use that has already been made of the delivered items, including wear and tear as a result of normal use.
Article 15. Prescription
- For the Other Party, all legal claims under the agreement will lapse after the lapse of at least twelve (12) months, to be calculated from the day on which the claim has become due and payable.
Article 16. Intellectual property rights
- The rights of intellectual property, including copyrights and trademark rights, with regard to the products of KOLL3KT may only be used with written permission from KOLL3KT for promotion and / or publication purposes, all this in the broadest sense of the word.
- As soon as it becomes aware of the use of intellectual property rights of KOLL3KT by third parties, the Other Party is obliged to notify KOLL3KT thereof immediately.
Article 17. Applicable law
- All agreements are exclusively governed by Dutch law. Application of the Vienna Sales Convention is excluded.
- All disputes between parties will be submitted exclusively to the competent court in ‘s-Hertogenbosch.
- If the Other Party is a natural person who does not act in the exercise of a profession or business, the Other Party shall notify the Other Party within one (1) month after KOLL3KT has notified the Other Party that the case will be submitted to the court. can make him opt for the settlement of the dispute by a legally competent judge.
If, after reading our terms and conditions, you have any questions, complaints or comments about these terms and conditions, please feel free to contact us in writing or by e-mail:
Superior Goods B.V.
5161 JW Sprang Capelle
Email: [email protected]
Phone: +31 (0) 6 41 83 93 29
KVK nr.: 55481612
BTW nr.: NL851732082B01