1.1 These general terms and conditions apply to every offer and contract made by Go Dutch Label B.V., hereafter referred to as “Go Dutch Label” and another party, hereafter referred to as “the buyer”, unless parties explicitly agree on other terms and do so in writing;
1.2 The applicability of other general terms and conditions from the buyer or other parties is hereby explicitly excluded;
1.3 In the case that one or more clauses of these general terms and conditions, at any moment, is determined void, the other clauses of these general terms and conditions will remain applicable;
1.4 In the case a situation arises between the parties that is not covered by these general terms and conditions, then this situation will be handled in the general spirit of these general terms and conditions;
1.5 In the exceptional case that Go Dutch Label does not require strict compliance with a clause of these general terms and conditions, that does not imply that these general terms and conditions will no longer be applicable or that Go Dutch Label waves any rights to require strict compliance with these general terms and conditions.
2. OFFERS AND CONTRACTS
2.1 All offers made by Go Dutch Label are without liability. Go Dutch Label explicitly reserves the right to modify prices of offered products and service;
2.2 An offer expires (partly) if a product that is part of the offer in the meanwhile is no longer available, also after confirmation of the order by Go Dutch Label;
2.3 Orders can be submitted trough a representative, designated by Go Dutch Label, via e-mail, via telephone or through our web shop at www.go-dutch-label.nl. The order will be confirmed by Go Dutch Label by sending an order confirmation or by sending the goods, together with the invoice for the ordered products. Go Dutch Label reserves the right to add extra conditions to the acceptance of an order;
2.4 The prices mentioned in the offer are listed without any taxes (VAT or other) and without shipment- and administrative costs, unless otherwise agreed between Go Dutch Label and the buyer;
2.5 Any pictures of products in the order or otherwise displayed are a faithful and realistic display of the products that will be delivered to the buyer. The goods delivered by Go Dutch Label to the buyer can differ in color and/or size. This cannot be considered a reason for returning or cancelling the order or the delivered goods. Nor can this be considered a reason for dissolution of the agreement between Go Dutch Label and the buyer;
2.6 After acceptance and/or confirmation of the order by Go Dutch Label, the order cannot be cancelled by the buyer;
3.1 In the case that a delivery date was agreed upon or was indicated by Go Dutch Label and the delivery date was not met, this can never lead to any liability on the side of Go Dutch Label. If the agreed delivery date is not met, the buyer needs to notify Go Dutch Label explicitly and in writing, and give Go Dutch Label a reasonable time for delivery;
3.2 The goods will always be sent to the address, indicated by the buyer;
3.3 Shipping costs will be billed one on one to the buyer, unless otherwise agreed between the buyer and Go Dutch Label;
3.4 Go Dutch Label reserves the right to deliver an order in parts. The goods will be billed to the buyer according to the different deliveries. Go Dutch Label will not charge extra delivery costs if the order is delivered in parts;
3.5 Go Dutch Label explicitly forbids the buyer to deliver or sell the goods to third parties without explicit consent from Go Dutch Label.
4. RIGHT OF RETURN / REPAIRS / WARRANTY
4.1 In case of a defective delivery of the ordered goods, the buyer needs to notify Go Dutch Label in detail, within 14 days after the delivery date of the good. This notification needs to include detailed information of the defective goods;
4.2 Goods, damaged during transportation need to be returned to Go Dutch Label within 2 weeks after delivery. The goods need to be returned in the original packaging. Go Dutch Label will judge if the damaged goods were damaged by transport and in that case, replace or credit the damaged goods. If replacement is not possible, the goods will be credited or replaced by similar items, at the discretion of Go Dutch Label;
4.3 If goods, not yet sold by buyer, show a defect within 6 months after delivery, the buyer has the right to return the damaged goods to Go Dutch Label. Go Dutch Label will then judge if the goods can be repaired or replaced. The shipment costs involved in returning the goods remain for the buyer. Go Dutch Label does not provide spare repair parts;
4.4 If goods, already sold by the buyer, show a defect, buyer can send these defect goods to Go Dutch Label for reparation or replacement. These goods need to be accompanied by the sales receipt from the buyer. Go Dutch Label will then judge if the defect is covered by warranty. Warranty will not be given on goods that were sold more than two weeks before;
4.5 Every request for reparation or replacement of defect goods will be judged by Go Dutch Label. If the request is denied, Go Dutch Label will return the goods if the buyer requests to do so;
5. RETENTION OF TITLE
5.1 Goods, delivered or provided by Go Dutch Label, remain property of Go Dutch Label until buyer has soundly fulfilled all commitments towards Go Dutch Label.
5.2 The buyer is not qualified to pledge this retention of title or to mortgage this retention of title in any way;
5.3 The buyer is not qualified to sell the goods under the retention of title and is obliged to provide a correct and sound storage for these goods. This property risk starts at the moment of delivery of the goods;
5.4 Go Dutch Label always has the right of access to the goods under the retention of title and is and is at any moment entitled to retake possession of these goods. The buyer is required to cooperate with Go Dutch Label in this matter.
6.1 The term of payment is 14 days, unless otherwise agreed between the buyer and Go Dutch Label;
6.2 Unless otherwise agreed, buyer is required to pay an invoice in its entirety on the bank account, specified by Go Dutch Label;
6.3 Payments can be done in cash to a qualified and designated person by Go Dutch Label or on the specified bank account number by Go Dutch Label;
6.4 If the buyer does not meet the payment within the term of payment, buyer is in default without any further notice of default by Go Dutch Label. From that moment the buyer is due to pay the legal commercial interest regarding the outstanding amount;
6.5 All costs involved in the collection of the outstanding amounts, due by buyer, including interest, will be charged to buyer. These costs for extrajudicial collection of the outstanding amount(s) will be 15% of the outstanding amount, including interests, and minimum € 750,00 without prejudice to claim the actual costs from buyer;
6.6 The payments made by buyer will first be used to fulfill interest and collection costs and only after that to fulfill the outstanding amount of expired invoice(s).
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Buyer is required to respect all intellectual rights regarding the goods of Go Dutch Label;
7.2 Go Dutch Label does not guaranty to buyer that the delivered goods do not breach any intellectual property rights of third parties. Go Dutch Label is not responsible and cannot be sued by buyer for any claims from third parties in this matter. The alleged breach of intellectual property rights cannot be regarded as a reason of dissolution of the contract between buyer and Go Dutch Label.
8. SUSPENSION, DISSOLUTION AND CANCELLATION OF THE AGREEMENT
8.1 Go Dutch Label is entitled to suspense or dissolve he agreement with buyer – entirely or in part – without judicial intervention, if buyer does not comply with the obligations in the agreement. Go Dutch Label is also entitled to suspense or dissolve the agreement with buyer if a situation arises where it is not reasonable to require Go Dutch Label to maintain the agreement;
8.2 Go Dutch Label is entitled to suspense or dissolve he agreement with buyer – entirely or in part – without judicial intervention, if buyer is in a state of bankruptcy or is in a situation of suspension of payment. The buyer is required to inform Go Dutch Label immediately if this situation arises;
8.3 If circumstances arise where the execution of the agreement by Go Dutch Label becomes unreasonably hard or impossible, then Go Dutch Label is entitled to suspense or dissolve he agreement with the buyer;
8.4 If buyer does not comply with one or more obligations towards Go Dutch Label B.V. all outstanding amounts become immediately due and payable;
9.1 Go Dutch Label hereby excludes all responsibility regarding material and non-material damage, caused by goods delivered by Go Dutch Label;
9.2 If Go Dutch Label is held accountable for any damage and needs to compensate these damages, then the amount of compensation will be limited to the amount, paid out by the liability insurance of Go Dutch Label;
10. APPLICABLE LAW EN COMPETENT COURT
10.1 All agreements between Go Dutch Label and the buyer will be subject to Dutch Law only;
10.2 If a dispute arises between Go Dutch Label and buyer, the court of Oost-Brabant in ’s-Hertogenbosch (NL) will be the only competent court to handle and take note of the dispute.