Terms and Conditions

GENERAL TERMS AND CONDITIONS OF DELIVERY AND PAYMENT OF:

CasesandBoxes.co.uk    

Hamelendijk 2                         

5541 RA Reusel                       

The Netherlands

 

Chamber of Commerce Eindhoven: 61705063

Netherlands VAT (BTW): NL8544.54.512.B01

Telephone number: +31(0)88-0234301

 

Article 1: DEFINITIONS

The following terms shall have the following meaning in these general terms and conditions, unless denoted explicitly otherwise;

CasesandBoxes.co.uk; CasesandBoxes, the user of the general terms and conditions, the seller, the producer, the contractor;

The opposite party: the opposite party of CasesandBoxes, the purchaser, the client;

Article 2: GENERAL

  1. These terms and conditions shall apply to all sales via the web store of Faes Cases B.V. doing business under the name CasesandBoxes;

  2. The current terms and conditions shall also apply to all agreements entered into with CasesandBoxes, for the performance of which CasesandBoxes engages the services of third parties;

  3. The applicability of possible terms and conditions of the opposite party are explicitly excluded;

  4. In the event that one or more of the provisions included in these terms and conditions shall be or become null and void, then the remaining provisions of these terms and conditions shall remain applicable.

Article 3: BIDS, ORDERS AND AGREEMENTS

  1. Agreements first come into effect at the moment of acceptance of the offer by the other party and the fulfilment of the corresponding conditions;

  2. In the case that the other party has electronically indicated acceptance of the offer, CasesandBoxes shall confirm electronically receipt of the acceptance immediately;

  3. CasesandBoxes shall reserve the right to refuse an order without stating reasons;

  4. Prices mentioned in the bids are in Euros, inclusive of Netherlands VAT and exclusive any other government charges such as duties and taxes, as well as exclusive of storage, export, shipment and possible transport costs, unless explicitly agreed upon otherwise;

  5. A composite quotation does not oblige CasesandBoxes to carry out a party of the order against a corresponding part of the quotation;

  6. Bids do not apply to follow up orders.

Article 4: MODELS/PICTURES (REPRESENTATIONS)

  1. The models, drawings, specifications, numbers, dimensions, weights or descriptions listed on the website of CasesandBoxes are only shown for indicative purposes.

Article 5: RIGHT OF WITHDRAWAL IN CASE OF CUSTOMER PURCHASE

  1. When an item is purchased by a customer for whom the right of withdrawal in Section 3 of this article is not specifically excluded, the customer has the option to cancel the agreement within 14 days without the need to provide any reasons. This consideration period begins on the day following receipt of the product by the customer of or a representative previously indicated to the company by the customer;

  2. During the consideration period, the customer shall handle the product and packaging carefully. He shall only unpack or use the product in a manner that is necessary to evaluate whether he wishes to keep the product. In case he wishes to exercise the right to withdrawal, he shall return the product with all accessories that have been provided and in the original condition and packaging to CasesandBoxes, in accordance with the instructions provided by CasesandBoxes;

  3. The right of the customer to cancel the agreement (right of withdrawal) is hereby excluded for:

    -       items that have been created with CasesandBoxes according to specifications of the customer;

    -       items that have characteristics of a personal nature.

  4. If the customer exercises the right of withdrawal, he shall bear the costs of return shipping;

  5. If the customer exercises the right of withdrawal within the consideration period and returns the product and packaging within the consideration period to CasesandBoxes according to the instructions provided by CasesandBoxes, CasesandBoxes shall refund the customer for the amount paid for the case, at the latest 30 days following the return or cancellation.

Article 6: CANCELLATION

  1. In the event that the opposite party (other than a customer), after an agreement has been concluded and before CasesandBoxes has started the production of the piece of good/goods, wishes to cancel such, then 50% of the order price (exclusive of Netherlands VAT) shall be charged as cancellation costs, notwithstanding the right of CasesandBoxes to complete compensation of damage including lost profit;

  2. In the event that in case of cancellation the opposite party refuses to accept the goods already produced specially for the opposite party by CasesandBoxes, then the opposite party shall also be under the obligation to pay to CasesandBoxes any and all costs arising from this;

  3. In the event that an item is (temporarily) not deliverable, then the opposite party shall be informed of such delay by CasesandBoxes within one month after receipt of the order at most. Should this happen then the opposite party may cancel the order free of charge. CasesandBoxes shall in that case cover the payment of the refund to the other party;

  4. Cancellation shall occur via e-mail, or by telephone in accordance with the instructions of CasesandBoxes.

Article 7: SUSPENSION AND DISSOLUTION

  1. CasesandBoxes shall be authorized to dissolve the agreement (have it dissolved), in the event that circumstances occur of such nature that performance of the agreement is impossible or according to standards of reasonableness and fairness can no longer be required or in the event that circumstances occur in any other way of such nature that unadjusted maintenance of the agreement cannot be expected in all reasonableness;

  2. In the event that CasesandBoxes suspends the fulfilment of the obligations, it shall retain its claims on the basis of the law and the current agreement. CasesandBoxes shall always retain the right to claim compensation of damage.

Article 8: PERFORMANCE OF THE AGREEMENT

  1. CasesandBoxes shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the specifications agreed by the parties;

  2. CasesandBoxes shall determine the manner of execution of the agreement in so far as the parties have not explicitly agreed differently in writing;

  3. CasesandBoxes shall not be liable for damage or loss of any nature whatsoever because CasesandBoxes started from incorrect and/or incomplete data and specifications provided by the opposite party;

  4. In the event that and in so far as good performance requires this, CasesandBoxes shall have the right to have activities carried out by third parties;

  5. In the event that the commencement or progress of the work is delayed because of factors the opposite party is liable for, then loss and costs arising there from for CasesandBoxes must be compensated by the opposite party;

  6. The opposite party shall indemnify CasesandBoxes against any possible claims of third parties who suffer loss or damage in connection with the performance of the agreement when such damage is attributable to the opposite party;

Article 9: DELIVERY

  1. Delivery of items within Europe is FCA, unless parties explicitly agree otherwise;

  2. For deliveries outside of Europe the other party is responsible for the clearance of goods and the other party has to take into account additional costs such as freight cost, clearance cost, import duties etc. So deliveries outside of Europe will occur at the risk and expense of the other party;

  3. In the event that CasesandBoxes delivers the items, they shall always be delivered at the last known delivery address stated to CasesandBoxes by the opposite party;

  4. The opposite party shall be obliged to take off respectively accept the items directly after completion unless differently agreed. When the items are available for the opposite party or have been presented for delivery to the opposite party but are not taken off by the opposite party for whatever reason, then delivery shall take place by notification to that effect in writing from CasesandBoxes to the opposite party;

  5. In the event that the opposite party refuses or fails to provide information or instructions necessary for delivering the items, then CasesandBoxes shall be entitled to store the items for the account and risk of the opposite party. The other party shall be immediately held liable for the costs of transportation and storage incurred by CasesandBoxes. CasesandBoxes shall then send one written request to the other party to purchase the item. In the event that the opposite party does not take off the items within two months, CasesandBoxes shall be entitled to sell the item to someone else. In case the item is insellable, CasesandBoxes shall be entitled to destroy the item. Any and all damage or loss arising from sale or destruction shall be payable by the opposite party;

  6. In the event that CasesandBoxes needs any data of the opposite party within the scope of the performance of the agreement, the term of delivery shall commence after the opposite party has put these at the disposal of CasesandBoxes;

  7. In the event that CasesandBoxes states a term of delivery, then this shall be indicative. So a term of delivery mentioned is never a peremptory term. The opposite party must declare CasesandBoxes to be in default in writing in a case of transgression of a term and must grant him a reasonable term;

  8. In case and insofar as the agreement is a remote sale in accordance with Article 7:46a of the Civil Code, the applicability of Article 7:46f Section 1 of the Civil Code is expressly excluded.

Article 10: DELIVERY, INSPECTION AND COMPLAINTS

  1. The opposite party shall be held to inspect the purchased items or the executed order at the time of delivery (have such inspected). Complaints on the delivered items must be made to CasesandBoxes by the opposite party within seven (7) days in writing. The notice of default must describe the shortcoming as detailed as possible for CasesandBoxes to react adequately;

  2. Damage to packaging or the item must be noted on the packing note/road waybill/air bill and CasesandBoxes must be informed in writing immediately. After having been informed of the complaint, CasesandBoxes will deal with it forthwith;

  3. In the event that the opposite party wishes to return inferior items, then this can only be done after prior consent of CasesandBoxes in writing and in the manner as indicated by CasesandBoxes. Return shipments must be sent carriage/postage paid, undamaged and in their original packaging;

  4. Any composed type,  print or writing error in catalogues, on the internet site, or in the bid can never give rise to any complaint;

  5. In the event that a complaint is well-founded, CasesandBoxes shall replace or adapt the delivered item(s) unless in the meantime this has become demonstrably pointless for the opposite party. The opposite party must make the latter clear in writing. However, CasesandBoxes shall only be liable within the limits denoted by the provisions included in the articles “Warranty” and “Liability”;

  6. Attending to complaints leaves the ordering and payment obligations of the opposite party intact.

Article 11: TRANSFER OF RISK

  1. The risk of loss or damage to the items that are the object of the agreement, shall pass on to the opposite party at the time at which these items are legal and/or actually delivered to the opposite party and with that into the powers of the opposite party or of a third party to be designated by the opposite party or at the moment that the items are ready for delivery, all this after the opposite party has been informed of this in writing;

  2. In the case that CasesandBoxes covers the cost of sending or shipping for another party not acting as the customer, this shall occur at the risk and expense of the other party. The other party, not being a customer, shall be responsible for providing sufficient shipping insurance;

  3. In the case that CasesandBoxes covers the cost of sending or shipping for another party acting as the customer, the transfer of risk to the customer shall occur at the time of delivery.

Article 12: CIRCUMSTANCES BEYOND ONE’S CONTROL

  1. In case of circumstances beyond its control, CasesandBoxes shall have the right to dissolve the agreement. In the event that the circumstances beyond CasesandBoxes’ control are only of a temporary nature, CasesandBoxes shall have the right to suspend the performance of the agreement. In the event that the period of circumstances beyond CasesandBoxes’ control is longer than two (2) months the parties shall be authorized to dissolve the agreement without CasesandBoxes being obliged to pay any form of damages;

  2. Circumstances beyond one’s control shall mean in these terms and conditions, in addition to all that is included in the law and in case law in this respect, any and all extraneous causes, foreseen or unforeseen, that CasesandBoxes does not have any influence upon, but owing to which CasesandBoxes is not in a position to fulfil the obligations. Stoppages of work or strikes in the enterprise of CasesandBoxes, computer and electricity breakdowns, fire, theft, traffic blocks, export impediments and stagnation in the delivery of raw materials/parts by subcontractors are included;

  3. In so far as CasesandBoxes at the time of the commencement of such circumstances has already partly fulfilled his obligations arising from the agreement or will be able to fulfil these, and the fulfilled respectively to be fulfilled part has a value of its own, then CasesandBoxes shall be entitled to invoice the already fulfilled or to be fulfilled part separately.

Article 13: WARRANTY

  1. Items produced by CasesandBoxes shall meet the technical demands and specifications stated by CasesandBoxes;

  2. CasesandBoxes shall grant a warranty to the direct opposite party in relation with the quality of the items produced by CasesandBoxes and this until one (1) year after delivery, unless parties have agreed a different term in writing;

  3. For items that have been created by CasesandBoxes according to the specifications of the other party, as well as items that are of a clearly personal nature, no warranty shall be offered;

  4. Warranties can only be invoked after submission of the purchase invoice;

  5. The opposite party itself must check in advance whether the item to be delivered is suitable for the purpose stated;

  6. This warranty is limited to: manufacturing faults and so does not include damage arising from improper, negligent or inexpert use, assembly or maintenance by the opposite party or a third party; deliveries to the opposite party in the EU; to replace the purchased item;

  7. This warranty shall become null and void: on the resale of the delivered parties, unless parties have explicitly agreed differently; in case of processing, changes, adjustments or repairs by a third party to or of the delivered item(s); in case of exposure to hazardous substances and too high or too low temperatures; in case of overcharging of pulling and pushing force; by not using and maintaining the delivered item(s) in conformity with the instructions for use; when using the delivered item(s) for a different purpose than the one the opposite party stated to CasesandBoxes or for which it is suitable;

  8. As long as the opposite party does not fulfil its obligations arising from the agreements concluded by the parties, he can not invoke this warranty provision.

Article 14: LIABILITY AND INDEMNITY

  1. In the event that CasesandBoxes should be liable than such liability shall be limited to what is laid down in the current provision;

  2. CasesandBoxes shall never be liable for: deviations, damages, errors and faults that go unnoticed in items that have been made according to specifications of the other party; deviations, damage, faults and defects because of incorrect assembly, maintenance or use by the opposite party or a third party; with regard to indirect damage, including consequential damage, lost turnover and profits, missed savings and loss in case of business interruptions; damage or loss as a result of rejected raw materials, because of changes made in environmental laws after the conclusion of the agreement; unlawful, improper or unprofessional use by the opposite party or by a third party of the delivered items; for damage or loss as a result of use not in conformity with the instructions of use, environmental laws or product information;

  3. In the event that CasesandBoxes is responsible for damages, this responsibility is limited to the amount of payment under the coverage provided by the insurance provider of CasesandBoxes, at the most the amount of the invoice, and only that portion of the invoice amount to which the responsibility is related;

  4. CasesandBoxes shall never be liable for damage or loss arising from advice given. Advice is always given on the ground of facts and circumstances known to CasesandBoxes and in consultation, whereby the intention of the opposite party is always the leading principle and starting point for CasesandBoxes;

  5. Any possible claim for damages must be submitted in writing to CasesandBoxes forthwith after the damage or loss arose;

  6. The opposite party shall be obliged to inform its purchaser in conformity with the instruction for use and product information. The opposite party shall indemnify CasesandBoxes against claims of third parties in the event that CasesandBoxes is held liable for which CasesandBoxes is liable because the opposite party has failed in its performance;

  7. Unless differently agreed, the opposite party itself must examine in advance whether the purchased item(s) will be suitable for the purpose for which it is going to use the purchased item(s). In the event that afterwards it appears that the purchased item(s) is/are not suitable for the purpose, the opposite party cannot hold CasesandBoxes liable for any damage or loss arising there from. 

  8. The restrictions included in these general terms and conditions as regards liability in case of damage or loss, shall not apply in the event that the damage or loss is attributable to intention or gross negligence of CasesandBoxes or its employees

Article 15: INTELLECTUAL PROPERTY AND COPY RIGHTS

  1. Notwithstanding the provisions included in these general terms and conditions, CasesandBoxes shall retain the rights and powers that are vested in CasesandBoxes on the basis of the intellectual property rights and the Netherlands Copy Right Act (Auteurswet);

  2. Any and all items sold and/or produced, designs, sketches, calculations, drawings, models and brochures submitted by CasesandBoxes shall be exclusively intended to be used by the opposite party and may not be multiplied, sold on, processed, changed, copied, reproduced, made public or brought to the knowledge of third parties without prior consent of CasesandBoxes, unless as an effect of the nature of the sold items or submitted documents this is different;

  3. The opposite party shall not be entitled to remove the name or the trade mark of CasesandBoxes from the delivered item(s);

  4. CasesandBoxes shall also retain the right to use the knowledge increased during the execution of the activities for other purpose provided that in doing so confidential information shall not be brought to the knowledge of third parties.

Article 16: EXPORT

  1. The opposite party guarantees that in the event that import of items into a particular country or for a particular destination requires an import certification or permit, such import certification of import permit has been acquired or will be acquired before shipment, failing which the opposite party shall be liable for any loss or damage arising here from;

  2. The customer is responsible for Export compliance and fulfilling export control regulations which are applicable in all countries in and outside the European Union.

Article 17: PAYMENT

  1. Orders shall be paid for in advance and fulfilled via a payment option offered by CasesandBoxes on its website;

  2. In case the other party does not meet a payment obligation, or does not make it in a timely or complete manner, the purchaser shall be liable for paying the legal amount of interest on all late payments for each month or part of a month in which the part of the month counts as a full month;

  3. In the event the other party is in default for the full payment of the amounts owed by the client to the supplier, the other party shall be liable to CasesandBoxes for extrajudicial costs applicable insofar as the other party acting in the exercise of a profession or business, CasesandBoxes makes a claim for compensation of extrajudicial costs and their collection, in which case the costs, notwithstanding Article 6:96 Section 4 of the Civil Code and notwithstanding the "Extrajudicial Collection Costs Reimbursement Decree," will then be determined by an amount equal to 15% of the total outstanding principal sum with a minimum of €350 euros for each invoice that remains partially or fully unpaid;

  4. In case of liquidation, (application for) bankruptcy, admission of the opposite party to the statutory debt repayment schedule on the basis of the Netherlands Debt Repayment (Natural Persons) Act (Wet Schuldsanering Natuurlijke Personen), tutelage order, attachment or (provisional) suspension of payment of the opposite party, any claims of CasesandBoxes on the opposite party shall be forthwith exigible;

  5. Payments shall be deducted in the first place from costs due, then from interest due and finally deducted from the principal sum and accrued interest. 

Article 18: TRANSLATIONS OF THESE TERMS AND CONDITIONS

The Netherlands version of these terms and conditions is authentic by exclusion of any other.

In the event that a translation deviates in any manner, then the Netherlands text shall prevail.

Article 19: DISPUTES

Any and all disputes in connection with the agreement concluded between the parties will be decided in the first instance by the competent Netherlands court in the place where the registered office of CasesandBoxes is established. Notwithstanding the previous provision, CasesandBoxes shall have the right to submit the dispute to the court that is competent in accordance with the law or an Arbitration Board.

Article 20: APPLICABLE LAW

The Netherlands law shall apply to each agreement concluded between CasesandBoxes and the opposite party. The Vienna Sales Convention shall be explicitly excluded. 

Article 21: FILING

These terms and conditions have been filed at the office of the Chamber of Commerce and Industry for Oost-Brabant under number 61705063. CasesandBoxes.co.uk is a trade name of Faes Cases B.V.