TERMS AND CONDITIONS
HSM Collection B.V. filed with the Chamber of Commerce Gooi-, Eem- en Flevoland under number 39063438
1. General terms and conditions
1.1 HSM is defined as: HSM Collection B.V., established and having its principal place of business in Almere;
1.2 Buyer is defined as: the person to whom HSM has made an offer and/or with whom HSM has concluded an agreement regarding the sale and delivery of movable property.
1.3 These general terms and conditions form part of all offers and agreements from HSM for the sale and delivery of goods.
1.4 Deviations from these conditions only apply to the extent that they have been expressly agreed by the parties.
1.5 Applicability of the Buyer's general (purchasing) conditions is expressly rejected.
1.6 All quotations and/or offers are without obligation and are valid for 30 days from the date of the quotation and/or offer.
1.7 If a provision of the general terms and conditions proves to be void or is annulled, this will not affect the other provisions of these general terms and conditions. The conditions will state for the void or annulled provision shall be replaced by a provision that is as close as possible to the intention of the parties.
2. Establishment
2.1 An agreement is concluded after HSM has confirmed it in writing or by the parties signing an order/order form.
2.2 If HSM provides an order confirmation, it will be deemed correct and complete, unless the Buyer protests in writing within 5 days.
3. Prices and Payments
3.1 The gross prices quoted by HSM apply to delivery ex warehouse, excluding VAT and government levies, and excluding shipping, transport, export, insurance, loading, packaging and administration costs unless expressly agreed otherwise.
3.2 The prices stated in catalogs or otherwise do not bind HSM.
3.3 After conclusion of the agreement, HSM is entitled to increase the agreed prices in the event of interim increases in freight rates, customs rates, a VAT increase or cost price increase of more than 5%.
3.4 Buyer will pay invoices within 14 days of the invoice date unless otherwise agreed. The buyer is not entitled to set off or suspend a payment.
3.5 If payment is not made within the agreed term, the Buyer will be in default by operation of law. The buyer will then owe interest of 1.5% per month or part thereof on the amount due.
3.6 If the Buyer is in default or is in default with regard to the timely fulfillment of its obligations, HSM is also obliged to pay full compensation for extrajudicial and judicial collection costs. These costs will be calculated on the basis of the collection rate of the Dutch Bar Association, without prejudice to HSM's right to full reimbursement of costs if these costs are higher.
4. Deliveries and risks
4.1 Goods to be delivered by HSM are at the expense and risk of the Buyer from the moment of delivery. Unless otherwise agreed, the place of delivery is HSM's warehouse.
4.2 Specified delivery times are indicative only. A specified delivery time is therefore never a strict deadline. HSM is entitled to deliver the goods in parts. HSM is entitled to invoice partial deliveries separately.
5. Complaints and returns
5.1 Buyer must report complaints about the delivered goods to HSM in writing within 5 working days after delivery, stating a clear description of the complaint. If this period is exceeded, any claim against HSM regarding defects will lapse. Deviations in color, weight and size of less than 10%, natural colors, lines, bumps, dents and hairline cracks in the wood, etc., can never give rise to any complaints.
5.2 In the event of complaints regarding delivered packages and their condition, these must be noted on the consignment note or reported immediately in writing to HSM, failing which any complaint will lapse.
5.3 Goods returned without permission will be refused. Return shipments travel at the expense and risk of the Buyer.
6. Retention of title
6.1 All goods delivered by HSM remain the property of HSM until the Buyer has fulfilled all obligations under the agreement concluded with HSM. The reserved ownership also applies to claims that HSM may receive due to the Buyer's failure to fulfill one or more obligations under the agreement, as well as obligations arising from compensation.
6.2 Buyer is obliged to store the goods subject to retention of title with due care and to adequately insure them.
6.3 If third parties seize the goods delivered under retention of title, or wish to establish or assert rights thereon, or if the Buyer is declared bankrupt or is granted a suspension of payments, the Buyer will inform HSM of this as soon as possible.
7. Models and images
7.1 The models, images, numbers, sizes, weights or descriptions included in the catalogues/offer/advertisement/price lists are shown as an indication only. Even if a buyer is shown a sample model, it is presumed to have been shown only as an indication, unless it is expressly agreed that the item to be delivered will fully correspond to it.
7.2 The sample models sent by HSM at the request of the Buyer cannot be returned. The sample models sent will be charged in full to the Buyer at the usual catalog value.
8. Intellectual Property
8.1 All brochures, catalogues, price lists, writings and other materials and/or (electronic) files provided by HSM remain the property of HSM, regardless of whether they have been provided to the Buyer or to third parties. These are exclusively intended for use by the Buyer and may not be reproduced, made public or brought to the attention of third parties without the prior consent of HSM, unless the nature of the documents provided dictates otherwise.
8.2 All intellectual or industrial property rights to all goods manufactured or to be delivered by HSM, whether or not pursuant to an agreement, rest exclusively with HSM.
9. Annuleringen
9.1 Indien koper een overeenkomst met HSM voor levering wenst te annuleren wordt 10% van de overeengekomen prijs inclusief BTW als annuleringskosten bij Koper in rekening gebracht.
9.2 Annulering dient steeds bij aangetekend schrijven te geschieden. Voor zaken die niet direct geleverd kunnen worden, geldt dat deze automatisch in backorder worden gezet. Indien deze zaken niet binnen 2 maanden na de overeengekomen leveringsdatum geleverd zijn, ontvangt Koper van HSM uiterlijk 3 weken na ontvangst van de bestelling bericht. Koper kan in dat geval kosteloos de bestelling annuleren.
10. Warranty
10.1 Delivered goods are given a 12-month warranty with regard to manufacturing defects, all at the discretion of the manufacturer.
10.2 The warranty is limited to manufacturing defects, this does not include damage resulting from wear and tear, improper, careless or improper use, maintenance, storage or transport. Warranty is only granted on deliveries to Buyers within the EU. The warranty expires in the event of operations, changes, assembly changes or repairs by a third party to/or of the delivered goods, in the event of use for a purpose other than that stated in the instructions for use, in the event of non-compliance with the instructions for use and in the event of poor maintenance.
10.3 For manufacturing defects, the manufacturer will assess a warranty claim. If the manufacturer rejects a warranty claim, HSM is obliged to do so and HSM owes nothing to the Buyer.
10.4 If the Buyer has not (fully) fulfilled its obligations under the agreement, a claim under the warranty scheme is excluded.
11. Liability
11.1 HSM is not liable for any shortcoming in the item delivered under an offer and/or agreement, unless this is the result of intent or gross negligence on the part of HSM.
11.2 HSM is never liable for indirect damage, including (but not limited to): consequential damage, lost profits, lost savings and damage due to business stagnation.
11.3 The total liability for direct damage will never exceed the maximum net invoice amount associated with the delivery of goods in connection with the event causing the damage.
11.4 A condition for the existence of any right to compensation is that the buyer has reported the damage in writing to HSM as soon as possible after it occurred.
11.5 HSM is not liable for damage resulting from incorrect or incompetent use of the item or use of the item other than indicated or other than what the item is intended for.
12. Force majeure
12.1 Parties are not obliged to fulfill their obligation(s) if they are prevented from doing so as a result of a circumstance that is not due to gross negligence or intent on the part of the party that relies on it and is still liable under the law legal act or generally accepted opinion.
12.2 Force majeure in these general terms and conditions in any case means: all external causes, foreseen or unforeseen, over which HSM has no influence but as a result of which HSM is unable to fulfill its obligations. This in any case includes strikes in the HSM company, postal strikes, traffic jams, traffic jams, theft, fire, export restrictions, power failures and stagnation in deliveries by suppliers.
13. Termination of the Agreement
13.1 HSM may terminate the agreement in whole or in part without notice of default and without judicial intervention by written notice with immediate effect in the event of: force majeure, if the Buyer fails to fulfill its obligations despite notice of default, to the Buyer - provisional or otherwise - suspension of payment payment is granted if bankruptcy is filed against the Buyer, or if its company is liquidated or terminated. HSM is then not obliged to pay any compensation.
13.2 Upon termination of the agreement, all payments owed by the Buyer to HSM are immediately and fully due.
14. Disputes and Applicable Law
14.1 All agreements between HSM and the Buyer are exclusively governed by Dutch law. All disputes that may arise between the Buyer and HSM with regard to the agreement will be settled exclusively by the competent court in Zwolle-Lelystad.
Terms and Conditions