General terms and conditions Assist Group B.V. trading under the name BMX World
ARTICLE 1: IDENTITY OF THE COMPANY
Email address: info@bmxworld.nl
Address:
Einsteinstraat 18
3316 GG Dordrecht
KVK number: 64171175
VAT number: NL855553959B01
IBAN: NL89 RABO 0103 0856 88 t.n.a. BMX World
BIC: RABONL2U
ARTICLE 2: APPLICABILITY
1. These terms and conditions apply to all offers mentioned on the website www.bmxworld.nl or other websites of BMX World, established in Dordrecht with Chamber of Commerce number 64171175 and to all purchase and sales agreements that are concluded via - or in connection with - this website(s).
2. The buyer or the client shall be referred to as "the other party" in the following. If in the following a provision specifically relates to the situation in which the other party is a natural person who is not acting in the exercise of a profession or business, this will be referred to as "the consumer".
3. Conditions to the contrary shall only form part of the agreement concluded between the parties if and insofar as both parties have expressly agreed this in writing.
4. In these general terms and conditions "in writing" shall also be understood to mean: by e-mail, fax or any other means of communication which, in view of the state of the art and the prevailing views in society, can be regarded as equivalent to this.
5. Acceptance and retention by the other party, without comment, of a quotation or order confirmation on which reference is made to these terms and conditions shall be deemed to constitute consent to its application.
6. The possible inapplicability of (part of) a provision of these general terms and conditions does not affect the applicability of the other provisions.
ARTICLE 3: AGREEMENTS
1. Agreements shall only become binding by written confirmation from BMX World.
2. Verbal agreements shall only be binding on BMX World after these have been confirmed in writing by BMX World, or as soon as BMX World has commenced with the consent of the other party.
3. Additions or amendments to the general terms and conditions or otherwise amendments or additions to the agreement shall only become binding after written confirmation by BMX World.
ARTICLE 4: OFFERS
1. All offers, quotations, price lists, delivery times, etc. of BMX World are without obligation unless they contain a term for acceptance. If an offer or quotation contains an offer without obligation and this offer is accepted by the other party, BMX World shall be entitled to revoke the offer within 2 working days after receipt of the acceptance.
2. The prices used by BMX World as well as the prices mentioned in the offers, quotations, price lists, etc. are inclusive of VAT but exclusive of shipping costs, bank charges and/or other costs. All this unless explicitly stated otherwise in writing.
3. Offers, quotations, price lists etc. which are in foreign currency (not in EURO), are based on recent exchange rate lists, the final price is determined by the applicable exchange rate at the time of conclusion of the agreement.
4 Samples, brochures, drawings, models, statements of colours, dimensions, weights and other descriptions shown and/or provided shall be as accurate as possible, but shall only serve as an indication. No rights can be derived from this, unless parties have explicitly agreed otherwise in writing.
5. If, between the date of concluding the agreement and the execution of the agreement, changes are made by the government and/or trade unions in wages, employment conditions, social insurances, taxes, (import) levies, exchange rates and the like, BMX World shall be entitled to pass on the increases to the other party. Should a new price list be issued by BMX World and/or its suppliers between the aforementioned dates and come into effect, BMX World shall be entitled to charge the other party the prices stated therein.
6. With regard to the agreement concluded with the consumer, price increases may be passed on or charged 3 months after the agreement has been concluded. In the event of price increases within a term shorter than 3 months, the consumer shall be entitled to dissolve the agreement.
ARTICLE 5: DISTANCE PURCHASE
1. The provisions of this article only apply to the consumer and in the event of a distance purchase within the meaning of Sections 46a and 46b of Book 7 of the Dutch Civil Code.
2. In the event of a distance purchase within the meaning of paragraph 1 of this article, a trial period of 10 working days applies. The trial period means that the other party has the right to dissolve the agreement with BMX World within 14 working days after receipt of the goods. The other party shall not be obliged to give a reason for the dissolution. During this period the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to BMX World, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. Dissolution pursuant to the provisions in paragraph 2 of this article is only possible by written notification of this by the other party to BMX World.
4. In the event of dissolution, the item must be returned to BMX World at the expense and risk of the other party, in a manner to be determined by BMX World.
5. In the event of dissolution BMX World shall refund the payments already made by the other party as soon as possible after receipt of the returned goods. Shipping costs shall not be refunded. As far as applicable BMX World shall be entitled to charge the costs of the return shipment to the other party.
6. BMX World has the right to refuse returned goods, or only refund part of any payments already received, if and insofar as BMX World suspects or can detect that the goods are not in the original packaging and/or the goods are damaged.
7. As soon as BMX World has received the goods, it shall notify the other party of any refusal or partial refund of payments already received.
ARTICLE 6: INVOLVEMENT OF THIRD PARTIES
If and insofar as the proper execution of the agreement so requires, BMX World shall have the right to have certain activities and/or deliveries carried out by third parties.
ARTICLE 7: DELIVERY, TERMS OF DELIVERY
1. Specified periods within which goods must be delivered can never be regarded as firm dates, unless the parties have expressly agreed otherwise in writing. If BMX World fails to meet its obligations under the agreement or fails to meet them on time, it must therefore be given notice of default in writing.
2. In case of delivery in parts, each delivery or phase shall be regarded as a separate transaction and can be invoiced by BMX World per transaction.
3. The risk concerning the delivered goods shall pass to the other party at the moment of delivery.
4. Dispatch and/or transport of ordered goods shall take place in a manner to be determined by BMX World, but at the expense and risk of the other party. BMX World shall not be liable for any damage, of whatever nature and form, which is related to the shipment and/or transport, even if the other party has not suffered any damage to the goods. All this, unless parties have explicitly agreed otherwise in writing.
5. If it turns out to be impossible to deliver the goods to the other party, due to a cause situated in the sphere of the other party, BMX World reserves the right to store the ordered goods at the expense and risk of the other party. BMX World shall notify the other party in writing of the storage carried out and shall at the same time give the other party a reasonable period of time in which to enable BMX World to deliver the goods.
6. If the other party remains in default of fulfilling his obligations even after expiry of the reasonable period set by BMX World, as stipulated in the previous paragraph of this article, the other party shall be in default by the mere expiry of 1 (one) month, counting from the date of storage and BMX World shall be entitled to dissolve the agreement in writing and with immediate effect, without prior or further notice of default, without judicial intervention and without being obliged to pay damages, costs and interest.
7. The foregoing does not affect the other party's obligation to pay the agreed and/or stipulated and/or owed price, as well as any storage and/or other costs.
8. BMX World shall be entitled - with regard to the fulfilment of the other party's financial obligations - to demand advance payment or security from the other party before proceeding with delivery or commencing the work to be carried out.
ARTICLE 8: DELIVERY PROGRESS
1. BMX World shall not be obliged to start the delivery of goods until it has received all the necessary information and any prepayment or instalment that may have been agreed upon. In the event of delays resulting from this, the stated delivery periods will be adjusted proportionally.
2. If deliveries cannot take place normally or without interruption due to causes beyond BMX World's control, BMX World shall be entitled to charge the other party for the resulting costs.
3. All expenses made by BMX World at the request of the other party within the framework of the execution of the agreement shall be entirely for the account of the other party, unless otherwise agreed upon in writing.
ARTICLE 9: COMPLAINTS AND RETURNS
1. The other party is obliged to inspect the goods immediately upon receipt. If the other party discovers visible defects, faults, imperfections and/or defects, this must be noted on the consignment note or the accompanying note and immediately notified to BMX World, or the other party must notify BMX World of this within 24 hours after receipt of the goods, followed by an immediate written confirmation thereof to BMX World.
2. Other complaints must be reported to BMX World by registered letter within 8 days after receipt of the goods.
3. If BMX World has not been notified of the above mentioned complaints within the periods stated there, the goods shall be deemed to have been received in good condition.
4. Goods ordered shall be delivered in the wholesale packaging in stock at BMX World. Minor deviations with regard to sizes, weights, numbers, colours, etc. stated do not constitute a shortcoming on the part of BMX World.
5. With regard to imperfections in natural products, no complaints can be made if these imperfections are related to the nature and properties of the raw material(s) from which the product is made. This is at the discretion of BMX World.
6. Claims do not suspend the other party's payment obligation.
7. BMX World must be enabled to investigate the complaint. If, for the investigation of the complaint, it appears necessary to return the goods, this shall only take place at the expense and risk of BMX World if the latter has given its explicit written consent beforehand.
8. In all cases the return shipment shall take place in a manner to be determined by BMX World and in the original packaging. Return shipments shall take place at the expense and risk of the other party, unless BMX World declares the complaint to be well-founded.
9. If, after delivery, the nature and/or composition of the goods have changed, have been completely or partially processed or processed, have been damaged or repackaged, any right of complaint shall lapse.
10. In case of justified complaints the damage shall be settled by virtue of the stipulations in article 9.
ARTICLE 10: LIABILITY AND WARRANTY
1. BMX World shall perform its task as may be expected of a company in its branch, but shall not accept any liability for damage, including death and personal injury, consequential damage, trading loss, loss of profit and/or stagnation damage, which is the result of acts or omissions of BMX World, its personnel or third parties engaged by it, except in the event of intent and/or deliberate recklessness on the part of himself, his management and/or his executive staff.
2. Without prejudice to the provisions in the other paragraphs of this article, the liability of BMX World - for whatever reason - shall be limited to the amount of the net price of the goods delivered and/or the work performed.
3. Without prejudice to the provisions in the previous paragraphs of this article, BMX World shall never be obliged to pay compensation for damages exceeding the insured amount, insofar as the damage is covered by an insurance taken out by BMX World.
4. BMX World guarantees the usual normal quality and soundness of the delivered goods; the actual lifespan of the delivered goods can never be guaranteed.
5. If goods delivered by BMX World are provided with a warranty by the manufacturer, this warranty shall apply between the parties in the same way.
6. With regard to the agreement with the consumer, BMX World shall observe the legally determined guarantee periods.
7. The other party loses his rights vis-à-vis BMX World, is liable for all damage and indemnifies BMX World against any claim from third parties with regard to compensation if and insofar as this is necessary:
The aforementioned damage has been caused by inexpert use and/or use contrary to instructions and/or advice of BMX World and/or inexpert storage (storage) of the delivered goods by the other party;
the aforementioned damage or loss has arisen due to errors, incompleteness or inaccuracies in data, materials, information carriers, etc. that have been provided and/or prescribed to BMX World by or on behalf of the other party;
ARTICLE 11: PAYMENT
1. Payment must be made in advance by means of a valid credit card or bank transfer in accordance with the method indicated on the website. During the making of your order you will find the current payment options.
2. Payment in other ways is only allowed if this has been explicitly agreed upon in writing or if this has been indicated on the BMX World website. If applicable, an invoice is not paid in full 14 days after it has been issued:
the other party shall owe BMX World default interest in the amount of 2% per month, to be calculated cumulatively over the principal sum. Parts of a month shall be regarded as full months;
the other party shall owe a minimum of 15% of the sum of the principal sum and the default interest with an absolute minimum of €150.00 after having been summoned to do so by BMX World with regard to extrajudicial costs.
3. At BMX World's discretion, the agreement can be dissolved in whole or in part, whether or not combined with a claim for damages, in previous or similar circumstances, without further notice of default or judicial intervention.
4. If the other party has not fulfilled its payment obligations on time, BMX World shall be entitled to suspend the fulfilment of the obligations entered into towards the other party to deliver or to carry out work until payment has been made or proper security has been provided for this. The same shall apply at the moment of being in default if BMX World reasonably suspects that there are reasons to doubt the other party's creditworthiness.
5. 5. Payments made by the other party shall always serve to settle all interest and costs owed and shall subsequently serve to settle due and payable invoices that have been outstanding the longest, unless the other party explicitly states in writing upon payment that the payment relates to a later invoice.
ARTICLE 12: RETENTION OF TITLE
1. BMX World shall retain ownership of goods delivered and to be delivered until the time at which the other party has fulfilled its payment obligations towards BMX World in connection therewith. These payment obligations consist of the payment of the purchase price, increased by claims relating to work carried out in connection with that delivery, as well as claims relating to possible compensation for failure to fulfil obligations on the part of the other party.
2. In case BMX World invokes the retention of title, the agreement entered into in this matter shall be considered dissolved, without prejudice to BMX World's right to claim compensation for damage, loss of profit and interest.
3. The other party is obliged to immediately inform BMX World in writing of the fact that third parties assert rights on goods that are subject to retention of title by virtue of this article.
ARTICLE 13: BANKRUPTCY, LACK OF POWER OF DISPOSITION, ETC.
Without prejudice to the provisions of the other articles BMX World may dissolve the agreement entered into without judicial intervention and without any notice of default being required, at the moment that the other party is declared bankrupt, applies for (provisional) suspension of payments, is seized by attachment under execution, is placed under guardianship or administration or otherwise loses the power of disposition or legal capacity with regard to its assets or parts thereof, unless the guardian or administrator acknowledges the obligations arising from the agreement as estate debt.
ARTICLE 14: FORCE MAJEURE
1. In the event that fulfilment of what BMX World is obliged to do pursuant to the agreement entered into with the other party is not possible and this is due to non-attributable non-fulfilment on the part of BMX World and/or on the part of third parties or suppliers engaged for the execution of the agreement, or in the event that another important reason arises on the part of BMX World, BMX World shall be entitled to dissolve the agreement entered into between the parties, or to suspend fulfilment of its obligations towards the other party for a reasonable period of time to be determined by it, without being obliged to pay any compensation. If the aforementioned situation occurs when the agreement has been partially executed, the other party shall be obliged to fulfil his obligations towards BMX World until that moment.
2. Circumstances which shall be considered non-attributable non-fulfilment shall include: war, insurrection, mobilisation, domestic and foreign riots, government measures, strikes and lock-outs by workers or the threat of these and similar circumstances; disruption of the exchange rates existing at the time of entering into the agreement; weather conditions, business interruptions due to fire, accident or other occurrences and natural phenomena, all this regardless of whether the non-fulfilment or non-timely fulfilment takes place at BMX World, its suppliers or third parties engaged by it for the execution of the agreement.
ARTICLE 15: DISSOLUTION, CANCELLATION/TERMINATION
1. For the purposes of these general terms and conditions, cancellation shall be understood to mean: the termination of the agreement by one of the parties prior to the commencement of the execution of the agreement.
2. For the purposes of these general terms and conditions, cancellation shall be understood to mean: the termination of the agreement by one of the parties after commencement of the performance of the agreement.
3. In case the other party terminates or cancels the agreement, he shall owe BMX World a fee to be determined by BMX World. The other party shall be obliged to reimburse BMX World for all costs, damages as well as loss of profit. BMX World shall be entitled to fix the costs, damages and loss of profit and - at its discretion and depending on the work already carried out or deliveries already made - to charge the other party 20 to 100% of the agreed price.
4. The other party shall be liable towards third parties for the consequences of the cancellation and/or termination and shall indemnify BMX World in this respect.
5. Amounts already paid by the other party shall not be refunded.
ARTICLE 16: APPLICABLE LAW I COMPETENT COURT
1. The agreement concluded between BMX World and the other party shall be exclusively governed by Dutch law. Disputes arising from this agreement shall also be settled according to Dutch law.
2. Contrary to the stipulations in section 1 of this article, the consequences of a retention of title of goods destined for export, in case the legal system of the country or state of destination of the goods is more favourable for BMX World, shall be governed by that law.
3. Any disputes will be settled by the competent Dutch court, although BMX World is entitled to bring a case before the competent court in the place where BMX World has its registered office, unless the cantonal court is competent in the matter.
4. For disputes with the consumer, it applies that within 1 (one) month after BMX World has made it known to him that the case will be brought before the court, the consumer can make it known that he chooses for the dispute to be settled by the legally competent court.
5. With regard to disputes arising from the agreement concluded with an opposing party who is established outside the Netherlands, BMX World shall be entitled to act in accordance with the provisions of paragraph 3 of this article or - at its discretion - to bring the disputes before the competent court in the country or state where the opposing party is established.
