M. B. Tjaden h.o.d.n. BioZence / Tjaden Woonbiologie
Cruquiusweg 1
2102 LS Heemstede
Registration number Chamber of Commerce for Amsterdam: 340850390000
(AS 219-12)
Article 1: Scope, Definitions
1. These conditions apply to every offer and every agreement of purchase and sale,
which is made via the website (s) www.woonbiologie.nl /www.biozence.com MB Tjaden h.o.d.n. Van Apeldoorn
Electrotechniek, based in Haarlem, hereinafter referred to as “the user”.
2. The buyer shall be referred to as “the other party”.
3. Certain provisions of these terms and conditions relating to a natural person
not acting in the exercise of a profession or business. These provisions define the party
referred to as “consumers”.
4. “writing” is understood in these terms: by letter, email, fax or
any other means of communication that in view of the prior art and in the
socially prevailing opinion this can be vindicated.
5. “the website” in these terms mean the website mentioned in paragraph 1 (s)
of the user.
6. It may not be applicable to a (part of a) provision of these general
Conditions shall not affect the validity of the remaining provisions.
7. If a discrepancy or inconsistency between these Terms and Conditions and a translated version
thereof, the Dutch text.
8. These general conditions also apply to emerged from the agreement
sodium or partial orders.
9. If the user these terms several times – either via the website – to
the other party has handed over there is a lasting business relationship. The user
need than the general conditions do not always re hand over to them in next
letting agreements apply.
Article 2: Offers and prices
1. Any offer on the website is in effect during the period referred to therein. An offer which
no validity period is specified is noncommittal. When the user has a binding offer to the
right to revoke this offer within 2 working days after receipt of the acceptance.
2. The supply, price lists, etc. on the website prices are excluding VAT and
expenses such as transportation and shipping and handling, unless otherwise stated. Per
article clearly mentions the prevalent amount of VAT and any
costs.
3. A composite offer requires the user to deliver a portion of the offering
a corresponding part of the price.
4. The offer and / or the price does not automatically apply to reorders.
5. Shown models, examples, specifications of colors, dimensions, weights and other
descriptions on the website are as accurate as possible, but are indicative only.
The Other Party may derive no rights.
6. a. If between the date of the conclusion of the agreement and its implementation for the
user (cost) price increasing circumstances arise as a result of legislation and regulation,
currency fluctuations, price changes at the third parties engaged by the user or
suppliers or changes in the prices of the required materials, raw materials, etc., is the
user entitled to increase the agreed price and the
bring other party.
b. When price increases within 3 months after concluding the contract, the consumer
entitled to terminate the agreement by means of a written statement. If the
consumer fails to leave within 14 days of notification of the price change to the user
Learn to make use of its dissolution user license may assume
that the consumer has consented to the price change.
Article 3: Conclusion of Agreements
1. If the other party places an order or order through the website, the user is only on this order
or order bound after this written – whether through an automated message via the
website – has confirmed to the other party. And applies a different Unless otherwise on the website
mentioned.
2. Additions or changes to the terms of the agreement bind
user also only after these have been confirmed to the other party.
Article 4: Buy a distance, reflection
1. This Article applies only to consumers in distance selling in the sense of Article
46a Book 7 of the Civil Code.
2. In a remote purchase, the consumer has a period of 14 calendar days after receipt of
the business. Within this period the consumer can terminate the contract without a purpose
having to give reason. The dissolution takes place through a written notice to the
user. This waiting period does not apply to custom affairs.
3. In the event of dissolution, the issues in the original packaging, unused and expense
the risk of the consumer to the user be returned. If the user at the
shipment of the goods to the consumer has already shipping fee, are the
Cost for return within the period of reflection before the user’s account.
4. The user will be payment of the purchase price he has already received from the consumer as soon
possible, but refund within 14 calendar days after termination to the consumer.
5. The user has the right to refuse goods returned or only a portion of the received
payments to refund if the goods are not in their original packaging, modified,
used and / or damaged. The user will consumers be notified immediately upon receipt of the
business inform.
Article 5: Engaging third parties
If a proper implementation of the agreement required by the user, he may some
deliveries performed by third parties.
Article 6: Confidential information
1. The user undertakes to maintain the confidentiality of any information that, in the context of the conclusion and
execution of the agreement or the other party has obtained, the party
has indicated that it concerns confidential information or that the user knows,
reasonably know that this information should be treated confidentially. The user will
provide this information to third parties only to the extent necessary for the implementation of the
agreement.
2. The user shall take all reasonable precautions to confidential
to keep information confidential and guarantees that its employees and / or any other persons
his responsibility in the implementation of the agreement in question are themselves also
will keep this secrecy.
3. The obligation of confidentiality does not apply if the user as a result of legislation and / or regulations or
court decision is obliged to disclose information confidential and hereby not
can invoke a legal or a privilege granted by a judge. This
exception also applies to employees and other persons referred to in the preceding paragraph.
4. If the user has a privacy statement, the information referred to therein only
used in accordance with the provisions of this statement.
Article 7: Delivery, delivery deadlines
1. Agreed delivery dates can never be considered as deadlines. If the
user delivery obligations or timely comply, the other party has to him in writing
default and thereby still allow a reasonable time for these delivery obligations yet
after coming.
2. For contracts with consumers ordered will be no later than 30 days after the order
supplied. If delivery is not possible within this period, the user sets the consumer so here
soon as possible, of up to date. The consumer then has the ability to post within 1 week
This notice any prepayments of the user recover. If the
consumers of this option, the user will already paid by the consumer
amount within 30 days after the recovery repay him.
3. The user is entitled to deliver in parts, each part delivery can separately
be billed.
4. The risk passes to the other party for the goods to be delivered at the time of delivery. This is it
moment when the goods to be delivered leave the premises, warehouse or store of the user or
the user has communicated to the other party that these matters could be him
picked up.
5. Notwithstanding the preceding paragraph with consumers is the time of delivery when the
things actually are available to them.
6. Dispatch or transport of the goods will be for the account and risk of the counterparty and on a
by the user to be determined. The user is not liable for damages of any kind
Also – whether or not the business itself – related to the dispatch or transport.
7. Notwithstanding the preceding paragraph applies to consumers that shipping or transport of the goods
place for the user’s risk, but on behalf of the consumer.
8. If, due to any reason within the control of the party, not the show possible
ordered items (as agreed) to provide the other party or the items are not
collected, the user has the right goods at the expense and risk of the counterparty to
store. The other party to the user within a user defined period after
notice of the storage in the state affairs set to deliver, or the items within this
still pick up time.
9. If the other party fails after the period specified in the preceding paragraph are
purchase obligation to comply, he is in default with immediate effect. The user then has the right to the
agreement with immediate effect by a written declaration in whole or in part
dissolve and sell the items to third parties without this resulting in an obligation
to pay damages, costs and interest flows. The foregoing shall not affect the obligation
the other party to compensate for any (storage) costs, delay damages, lost profits or
other damage or the law of the user still seek compliance.
10. An agreed delivery period begins to run only when the user all the
supply necessary information and any agreed (advance) payment from the
party has received. If this leads to delay, the delivery is to
proportionality extended.
Article 8: Complaints and returns
1. The other party must check the delivered goods immediately upon receipt and any visible
flaws, defects, damages and / or discrepancies in quantity mentioned on the consignment or
accompanying note. In the absence of a waybill or consignment note, the other party must
deficiencies, defects, etc., within 2 working days after receipt of the goods to the user log,
followed by a written confirmation. In the absence of such a report to the
matters deemed to be received in good condition and to comply with the agreement.
2. Other complaints must immediately after discovery – but within the agreed
guarantee – in writing to the user being reported. All consequences of not immediately reporting
are at the risk of the counterparty. If no explicit guarantee has been agreed,
a period of 1 year after delivery.
3. If a complaint is not within the terms of the user specified in the preceding paragraphs
reported, there is no appeal to an agreed warranty.
4. Ordered goods are in stock by the User (wholesale) packaging / minimum
delivered quantities or numbers. In industry-accepted small deviations relevant
sizes, weights, numbers, colors etc. do not apply if failure on the part of
the user. No claim on the warranty.
5. Complaints do not suspend the payment obligation of the other party.
6. The preceding paragraph shall not apply to the consumer.
7. The other party, the user should be able to investigate the complaint and above all relevant
provide information to the user. If the investigation into the complaint return
is necessary, it will take place at the expense of the other party, unless the complaint afterwards founded
appears to be. The transport risk is always for the other party.
8. In all cases, you will return in place a user-determined manner and in the original
packaging or wrapping.
9. No complaints shall be possible regarding incompleteness or properties of items
made of natural materials or raw materials, if these imperfections or
properties are inherent to the nature of these materials or raw materials.
10. No complaints shall be possible regarding discoloration or slight discrepancies in colors.
11. No complaints shall be possible on issues after receipt by the other party, and / or
has been altered or wholly or partially processed or treated.
Article 9: Warranties
1. The user will ensure that the agreed deliveries properly and in accordance with the
are industry standards are implemented but give respect to those supplies never
a further guarantee than that expressly agreed between the parties.
2. The user state during the guarantee period for the usual quality and
reliability of the delivered.
3. If the goods delivered by the user by the manufacturer or supplier is a guarantee
granted, this guarantee will apply equally to both parties. The user will be the party
about this.
4. If the target / destination for which the party wishes to edit the business, process or
Using different from the usual target / usual destination of these things, guarantees
the user only that the goods are suitable for this purpose / destination if he writing
has confirmed to the other party.
5. No claim under the warranty is possible as long as the other party agreed for the business
price has not yet met.
6. The preceding paragraph shall not apply to the consumer.
7. When a right to appeal to the warranty, the user – at his option – free care for
repair or replace the goods or to refund or a discount
agreed price. If there is any additional damage, the relevant provisions of
the liability section included in these general conditions.
8. Notwithstanding the preceding paragraph, the consumer can choose between repair or replacement
business, unless this can not reasonably be required of the user. Instead, the latter should be
consumer always dissolve the agreement by written statement or a discount
agreed price longing.
Article 10: Liability
1. Outside the explicit agreement or guarantees given by the user accepts the user
no liability.
2. Notwithstanding the preceding paragraph of this article, the user shall only be liable for
direct damage. Any liability of the User for consequential damage such as trading losses,
profits and / or loss, delay damage and / or personal or bodily injury shall be expressly
excluded.
3. The other party must take all measures necessary to prevent or limit
the damage.
4. If the user is liable for damages suffered by the other party, is the
obligation of the user always limited to the amount by which his
insurer is paid where applicable. If the insurer does not pay or
damage not covered by insurance taken out by the user, the obligation to pay compensation
the user is limited to the invoice amount for the goods delivered.
5. The other party, the user must be received within 6 months after he became aware of
could have been familiar with the address above damage suffered.
6. Notwithstanding the preceding paragraph applies to the consumer a period of 1 year.
7. The user shall not be liable and the other party can not invoke the applicable
warranty if the damage occurred:
a. improper use or use contrary to the purpose of the delivered or provided by or
on behalf of the user instructions provided, recommendations, manuals, leaflets, etc.;
b. by improper storage (storage) or maintenance of the property;
c. by errors or omissions by or on behalf of the party to the user supplied
information;
d. as a result of the choice of the other party which is different from what the user is advised and / or
is common;
e. the choice that the other party has made in respect of the goods to be delivered;
f. by or on behalf of the other party repairs or other work or processing to
it delivered its run, without the express prior consent of the user.
8. The other party in the cases listed in the previous paragraph fully liable for all damage
consequential damages and the user shall expressly indemnify all claims to
compensation for this damage.
9. The limitations of liability included in this article do not apply if the damage
due to intent and / or deliberate recklessness of the user or the managerial staff
management level or if mandatory legal provisions oppose this. Exclusively
in these cases the user will indemnify the other party for any third party claims
against the other party.
Item 11: Payment by the companies themselves
1. The user always has the right (partial) advance payment or any other security for
to require payment from the counterparty.
2. Payment must be made in the manner indicated on the website. Payment by other means is
permitted only if the parties have expressly agreed in writing.
3. If the parties have agreed on payment after receipt of an invoice, payment must be within a
expiry period of 30 days after the invoice date, unless the parties in writing another
payment terms have been agreed. In addition, if the state determine the correctness of an invoice
party has not objected within this payment deadline.
4. If an invoice after expiry of the period specified in the preceding paragraph is not paid in full or
no debit could take place, the party to the user is a
delayed payment interest of 2% per month to be calculated cumulatively over the
principal. Parts of a month shall be counted as a full month.
5. If, after warning the user payment is still outstanding, the user is also entitled
the other party to extrajudicial collection costs equal to 15% of
the invoice amount with a minimum of € 150.00.
6. If full payment by the other party, the user has the right to contract,
without further notice by a written statement of his obligations
The agreement to suspend until the other party has paid as yet whether a
proper security is provided. Aforementioned right of suspension if the user also has
He already before the other party is in default with the payment has grounds to the
doubt creditworthiness of the counterparty.
7. The counterparty payments made by the user first deducted from all
interest and costs and then the invoices due to the longest, unless
the other party to pay states in writing that it relates to a later invoice.
8. The other party may not offset the user’s claims against any counterclaims
he has on the user. This also applies if the party (temporary) suspension of
payments or in bankruptcy is declared.
Item 12: Payment by consumers
1. The user always has the right (partial) advance payment or any other security for
to require payment from the consumer. The requested payment will not exceed 50%
agreed price.
2. Payment must be made in the manner indicated on the website. Payment by other means is
permitted only if the parties have expressly agreed in writing.
3. If the parties have agreed on payment after receipt of an invoice, payment must be within a
expiry period of 30 days after the invoice date, unless the parties in writing another
payment terms have been agreed. In addition, if the state determine the correctness of an invoice
consumer does not object within this payment deadline.
4. If an invoice after expiry of the period specified in the preceding paragraph is not paid in full or
no automatic collection has to take place, the consumer to the user is an
delayed payment interest of 2% per month to be calculated cumulatively over the
principal. Parts of a month shall be counted as a full month.
5. If, after warning the user payment is still outstanding, the user is also entitled
to consumers to extrajudicial collection costs. In addition, the user will
give the consumer the said notice for at least a period of 14 days to disapprove
pay.
6. The extrajudicial collection costs referred to in the previous paragraph:
a. 15% of the amount of principal on the first € 2,500.00 of the claim (with a
minimum of € 40.00);
b. 10% of the amount of the principal sum over the next € 2,500.00 of the claim;
c. 5% of the amount of the principal sum over the next € 5,000.00 of the claim;
d. 1% of the amount of the principal sum over the next € 190,000.00 of the claim;
e. 0.5% of the excess of the principal amount.
All this with an absolute maximum of € 6,775.00.
7. For the user to calculate the extrajudicial costs right after
1 year to increase the principal amount of the claim in that year according to paragraph 4 of this Article
cumulatively accrued default interest.
8. If full payment by the consumer, the user has the right to contract,
without further notice by a written statement of his obligations
The agreement to suspend until the consumer has yet paid whether a
proper security is provided. Aforementioned right of suspension if the user also has
He already before the consumer is in default with the payment has grounds to the
to doubt the creditworthiness of consumers.
9. The consumer payments made by the user first deducted all
interest and costs and then the invoices due to the longest, unless
the consumer in writing that states the payment concerns a later invoice.
Article 13: Retention of title
1. The user shall retain ownership of all delivered under the agreement and to
delivered up until the time the other party all his payment on
user has paid.
2. The payment referred to in the preceding paragraph include the payment of the purchase price of the
business plus claims for work performed in connection with the delivery
keeping and claims for the attributable shortcomings of the other party to perform
its obligations, including claims for the payment of compensation, extrajudicial
collection costs, interest and any penalties.
3. In the case of the delivery of identical, non-individualized items, the consignment
matters pertaining deemed the oldest invoices sold first. The retention of title
So calm on all items delivered, which at the time of claiming the
retention still in the stocks, shop and / or property of the other party.
4. subject to ownership conditions may by the other party under the
normal business be sold, provided that he also one with its customers
retention stipulated in the goods delivered.
5. As long as the goods delivered to retention of title, the other party may not be in business
any way pledge or business through property lists in the (actual) power of a
bring financier.
6. The other party, the user must immediately inform in writing if any third parties assert eigendomsof
to have other rights to the goods on which a reservation of ownership.
7. The other party must the goods as long as the retention of title this carefully and if
Keep identifiable property of the user.
8. The other party must provide for such a business or household contents that matters
under retention delivered always be insured and the user will
first request, provide access to the insurance policy and the respective premium payment receipts.
9. If the other party is acting in contravention of the provisions of this article or user appeal
doing in the title, comes to the user and his employees irrevocably
right to enter the premises of the other party and the property to be delivered
to take back. This is without prejudice to the right of the user to compensation for damages,
lost profit and interest and the right to contract without further notice, by a
written statement to dissolve.
Article 14: Bankruptcy, power of disposition, etc.
1. The user always has the right to contract without further notice by
written statement to dissolve the party at the time the other party:
a. is declared bankrupt or has made an application for bankruptcy;
b. (Temporary) suspension of payments;
c. is affected by enforceable seizure;
d. in receivership or under administration is made;
e. otherwise the power or capacity to act with regard to his
assets or parts of them loses.
2. The other party to the curator or the receiver must always inform the (content)
agreement and these terms and conditions.
Article 15: Force Majeure
1. Force majeure of the other party or the user, the user has the right
Agreement by a written statement to the other party or perform his
obligations to the other party for a reasonable time to suspend without any
compensation being due.
2. Force majeure on the part of the user in the context of these terms and conditions
means a non-attributable failure of the user, the parties engaged by him
third parties or suppliers, or other serious grounds on the part of the user.
3. Circumstances are beyond the control of the user will experience
more mean: war, riots, mobilization, foreign and domestic civil commotion,
government measures, strikes within the organization of the user and / or from the counterparty or
the threat of these circumstances, disruption at the time of the conclusion of the
existing exchange agreement, business interruptions due to fire, theft, sabotage, failure
electricity, internet or telephone connections or activities of hackers which the website does not
(Full) is available, natural phenomena (natural) disasters, etc. as well as by
weather conditions, blockades, accidents, import and export restrictive measures, etc.
transport difficulties and delivery problems.
4. If the force majeure occurs when the agreement has already been partially implemented, the need
party at least meet its obligations to the user up to that time.
Article 16: Cancellation, suspension
1. The provisions of this Article shall not apply to termination within the grace period provided for in
Article 4 of these terms and conditions.
2. If the other party wants the agreement prior to or during its implementation
cancel, he is the user damages by the user to be determined
due. This compensation shall include all costs incurred by the user and the
Cancellation damages including lost profits. The user has the right
compensation and fix – at his discretion and subject to all deliveries made – 20 to
100% of bringing the agreed price to the other party.
3. The other party is liable to third parties for the consequences of the cancellation and indemnifies the
user ensuing claims of such third parties.
4. The user has the right to offset any amounts paid by the other party by the
party compensation owed.
5. When suspending the implementation of the agreement at the request of the other party is
fee for all currently costs incurred due immediately and the user should at this
charge the other party. Moreover, the user may all during the
suspension period to make or expenses charge by the counterparty.
6. If the implementation of the agreement after the agreed suspension period can not be
resumed, the user has the right to contract by written notice to the
dissolve party. If the implementation of the agreement after the agreed
suspension period is resumed, the other party must cover any costs arising from this resumption
reimburse the user.
Article 17: Applicable law / jurisdiction
1. between the user and the other party is Dutch law
applicable.
2. The applicability of the Vienna Sales Convention (CISG) is explicitly excluded.
3. Any disputes will be submitted to the competent court in the place where the
user is located, except that the user always retains the right to submit a dispute to
the competent court in the place where the party is located.
4. The consumer may always choose to submit the dispute to the competent court,
provided that this choice he timely notifies the user. With good time here means within one
month after the user writing to the consumer its intent to the dispute
submit to the court of his residence.
5. If the other party is located outside the Netherlands, the user has the right to choose the
dispute to be submitted to the competent court in the country or state where the other party established
is.
Date: December 11, 2013
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