TERMS AND CONDITIONS
Article 1. Applicability
1.1 These General Terms and Conditions apply to all offers, orders and agreements of Larafix Kappersgroothandel Eindhoven B.V.
1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these Terms and Conditions can only be deviated from in writing, in which case the other provisions remain in full force.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of Larafix Kappersgroothandel Eindhoven B.V., are also stipulated for the benefit of intermediaries and other third parties engaged by Larafix Kappersgroothandel Eindhoven B.V.
Article 2. Offers/agreements
2.1 All offers from Larafix Kappersgroothandel Eindhoven B.V. are without obligation and Larafix Kappersgroothandel Eindhoven B.V. expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.
2.2 An agreement is only concluded after acceptance of your order by Larafix Kappersgroothandel Eindhoven B.V.. Larafix Kappersgroothandel Eindhoven B.V. is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Larafix Kappersgroothandel Eindhoven B.V. will notify you within ten (10) working days after receipt of the order.
Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in Euros, exclusive of VAT and including handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
3.2 If the prices for the products and services offered increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by Larafix Kappersgroothandel Eindhoven B.V..
3.3 Payment must be made via iDEAL or via Credit Card.
3.4 If the payment term is exceeded, you will be in default from the day that payment should have been made and you will owe a default interest of 1% per month or part of a month on the outstanding amount from that day. If payment is made after a reminder by Larafix Kappersgroothandel Eindhoven B.V., you will owe an amount of twenty-five euros (25.00) in administration costs and if Larafix Kappersgroothandel Eindhoven B.V. outsources its claim for collection, you will also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to the authority of Larafix Kappersgroothandel Eindhoven B.V. to instead extrajudicial collection costs incurred.
3.5 If you are in default with any payment, Larafix Kappersgroothandel Eindhoven B.V. is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements.
Article 4. Delivery
4.1 The delivery times stated by Larafix Kappersgroothandel Eindhoven B.V. are indicative only. Exceeding any delivery period does not entitle you to compensation or the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery period is such that you cannot reasonably be expected to maintain the agreement. In that case, you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary.
4.2 The delivery of the Products will take place at the place and time when the Products are ready for shipment to you
Article 5. Retention
5.1 The ownership of the delivered products will only be transferred if you have paid all that you owe to Larafix Kappersgroothandel Eindhoven B.V. on the basis of any agreement. The risk in respect of the products is already transferred to you at the time of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products supplied by Larafix Kappersgroothandel Eindhoven B.V.
6.2 Larafix Kappersgroothandel Eindhoven B.V. does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 You have the obligation to examine whether the products comply with the agreement upon delivery. If this is not the case, you must notify Larafix Kappersgroothandel Eindhoven B.V. of this in writing/email and with reasons as soon as possible and in any case within two (2) working days after delivery, at least after discovery was reasonably possible.
7.2 If it has been demonstrated that the products do not comply with the agreement, Larafix Kappersgroothandel Eindhoven B.V. has the choice to replace the products in question with new products or to refund the invoice value thereof.
7.3 If you do not wish to purchase a product for whatever reason, you as a customer have the right to return the product to Larafix Kappersgroothandel Eindhoven B.V. within seven (7) working days after delivery. In this case, returns will only be accepted if the packaging of the product is undamaged, and the costs for returns will also be borne by you.
Article 8. Orders/communication
8.1 For misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the Internet or any other means of communication in the traffic between you and Larafix Kappersgroothandel Eindhoven B.V., or between Larafix Kappersgroothandel Eindhoven B.V. and third parties, insofar as it relates to the relationship between you and Larafix Kappersgroothandel Eindhoven B.V., Larafix Kappersgroothandel Eindhoven B.V. is not liable, unless and insofar as there is intent or gross negligence on the part of Larafix Kappersgroothandel Eindhoven B.V..
Article 9. Force majeure
9.1 Without prejudice to its other rights, Larafix Kappersgroothandel Eindhoven B.V. has the right, in the event of force majeure, to suspend the execution of your order, at its own discretion, or to dissolve the agreement without judicial intervention, by notifying you in writing and without Larafix Kappersgroothandel Eindhoven B.V. being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
9.2 Force majeure is understood to mean any shortcoming that is not attributable to Larafix Kappersgroothandel Eindhoven B.V.. because it is not attributable to its fault and is not for its account under the law, legal act or generally accepted practice.
Article 10. Miscellaneous
10.1 If you provide Larafix Kappersgroothandel Eindhoven B.V. with an address in writing, Larafix Kappersgroothandel Eindhoven B.V. is entitled to send all orders to that address, unless you provide Larafix Kappersgroothandel Eindhoven B.V. with a different address to which your orders should be sent.
10.2 If Larafix Kappersgroothandel Eindhoven B.V. allows deviations from these Terms and Conditions for a short or longer period of time, whether tacitly or not, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any rights on the basis of the fact that Larafix Kappersgroothandel Eindhoven B.V. applies these Terms and Conditions flexibly.
10.3 If one or more of the provisions of these Terms and Conditions or any other agreement with Larafix Kappersgroothandel Eindhoven B.V. should be in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new legally permissible comparable provision to be determined by Larafix Kappersgroothandel Eindhoven B.V.
10.4 Larafix Kappersgroothandel Eindhoven B.V. is authorized to use third parties in the execution of your order(s).
Article 11. Applicable law and competent court
11.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
11.2 All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands.
