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General terms and conditions MultiGift.com

General Sales and Delivery Terms & Conditions of MultiGift Relatiegeschenken BV (MultiGift.com) registered in Noordwijk, The Netherlands, 10 May 1995, deposited at the Chamber of Commerce in The Netherlands (The Hague) under number B95095.

Article 1 - General/application
1.1 Applicability of the general terms & conditions used by the purchaser is explicitly rejected.
1.2 These general terms & conditions apply to all legal relationships in which MultiGift Relatiegeschenken BV (MultiGift.com) acts as (potential) vendor and/or supplier of goods and/or services.
1.3 Deviation from these terms & conditions is only possible in writing. No rights can be derived from such deviations with respect to agreements concluded at a later date.

Article 2 - Offers/conclusion of agreement
2.1 All offers made by MultiGift Relatiegeschenken BV (MultiGift.com) are without obligation. If the purchaser places an order the agreement shall be only regarded as concluded when MultiGift Relatiegeschenken BV (MultiGift.com) has accepted it in writing, or has started its execution.

Article 3 - Addendum to the agreement
3.1 MultiGift Relatiegeschenken BV (MultiGift.com) shall at the request of the purchaser carry out all changes in the order indicated by the purchaser, subject to these being reasonably feasible and with the right to charge an additional fee.

Article 4 - Prices
4.1 All prices are ex warehouse and exclude VAT, unless otherwise stated or agreed.
4.2 MultiGift Relatiegeschenken BV (MultiGift.com) reserves the right to modify prices without prior notification.

Article 5 - Delivery/delivery time
5.1 The usual delivery times stated by MultiGift Relatiegeschenken BV (MultiGift.com) are an indication and are not deadlines.
5.2 Delivery is made to a single address, unless otherwise agreed.
5.3 For orders with a small order value, a surcharge for the shipping costs shall be charged unless otherwise agreed.
5.4 Samples and/or test consignments are dealt with as an order and shall be invoiced as such, unless otherwise agreed. The invoice amount comprises the price of the items ordered, supplemented with transport costs of € 7.00.
5.5 MultiGift Relatiegeschenken BV (MultiGift.com) is entitled to fulfil its contractual obligation(s) in sections.
5.6 MultiGift Relatiegeschenken BV (MultiGift.com) has the right to supply 10% more or 10% less than the number of items produced and/or printed on the request to the purchaser and to charge for them.

Article 6 - Payment
6.1 invoices from MultiGift Relatiegeschenken BV must be paid in advance or within 30 days after the invoice date, unless otherwise agreed upon.
6.2 In the event of late payment, all payment obligations of the purchaser become immediately due and payable, irrespective of whether MultiGift Relatiegeschenken BV (MultiGift.com) has already invoiced them.
6.3 In the event of late payment the purchaser owes interest at the rate of the discount rate for promissory notes of the Nederlandse Bank N.V. plus 3% with a minimum of the legal interest per year.
6.4 Out-of-court debt collection costs shall be charged to the purchaser in accordance with the debt collection rate of the Netherlands Bar [Nederlandse Orde van Advocaten].
6.5 Payments made by or on behalf of the purchaser shall be used successively for settlement of the out-of-court debt collection costs owed by him, the court costs, the interest owed by him and subsequently the outstanding principal sums in order of age, regardless of other instructions given by the purchaser.
6.6 The purchaser can object only to an invoice within the payment term of that invoice

Article 7 - Reservation of title
7.1 MultiGift Relatiegeschenken BV (MultiGift.com) retains ownership of the articles delivered or to be delivered by it until it has received full payment of the invoice.

Article 8 - Surety
8.1 If there are good reasons to assume that the purchaser shall not be able to meet his obligations promptly, the purchaser is obliged upon the first request by MultiGift Relatiegeschenken BV (MultiGift.com) to immediately provide a satisfactory surety in the form desired by MultiGift Relatiegeschenken BV (MultiGift.com), and if necessary to increment this for the compliance of all its obligations. As long as the purchaser has not satisfied that requirement, MultiGift Relatiegeschenken BV (MultiGift.com) is entitled to suspend compliance with its obligations.
8.2 If the purchaser has not obeyed a request as meant in paragraph 1 within 14 days after a written summation to do so, all his outstanding obligations become directly payable.

Article 9 - Complaints, research duty, time limitation and compliance
9.1 The purchaser has the obligation at the time of delivery to investigate whether the items match the contract. If this is not the case, the purchaser must notify MultiGift Relatiegeschenken BV (MultiGift.com) of this in writing within 8 days after delivery stating the reasons.
9.2 Facts that become known after 1 year has passed since delivery cannot justify the proposition that the item does not match the contract.
9.3 If the item delivered does not correspond to the contract then MultiGift Relatiegeschenken BV (MultiGift.com) shall only be bound, at its choice, to deliver the missing item, repair the item delivered or to replace the item delivered.
9.4 That which is defined in this article is of corresponding application on the performance of services.

Article 10 - Dissolution/discharge
10.1 If the purchaser does not comply or complies in an inappropriate manner or is late in complying with any obligation, which arises for him from the agreement, as well as in the case of the bankruptcy, suspension of payment or the placing in receivership of the purchaser or the closure or liquidation of his company, MultiGift Relatiegeschenken BV (MultiGift.com) is entitled at its choice, without any obligation to pay compensation and without prejudice to any further entitlements, to dissolve the agreement in full or in part or to suspend the (further) execution of the agreement. MultiGift Relatiegeschenken BV (MultiGift.com) is in such cases furthermore entitled to claim immediate payment of the amounts owed to it.
10.2 If the proper compliance by MultiGift Relatiegeschenken BV (MultiGift.com) is completely or partially impossible, either temporarily or permanently, as a result of one or more circumstances, for which MultiGift Relatiegeschenken BV (MultiGift.com) is not accountable, MultiGift Relatiegeschenken BV (MultiGift.com) is entitled to dissolve the agreement.
10.3 If the purchaser, after MultiGift Relatiegeschenken BV (MultiGift.com) has set him a period of eight days to this end, does not collaborate on the delivery, only MultiGift Relatiegeschenken BV (MultiGift.com) is discharged from its obligations.

Article 11 - Damages
11.1 MultiGift Relatiegeschenken BV (MultiGift.com) is only responsible for damage that can be attributed to its intent or gross negligence.
11.2 MultiGift Relatiegeschenken BV (MultiGift.com) cannot be held to compensation of damage, other than to persons or items.
11.3 MultiGift Relatiegeschenken BV (MultiGift.com) stipulates all legal and contractual objection resources, which it can call upon to repel its own liability towards the purchaser, both on behalf of its employees and the non-employees for whose behaviours it would be responsible in pursuance of the law.
11.4 That which is defined in this article does not prejudice the third party liability of MultiGift Relatiegeschenken BV (MultiGift.com) in pursuance of imperative legal provisions.

Article 12 - Applicable law/competent court
12.1 All legal relationships between MultiGift Relatiegeschenken BV (MultiGift.com) and the purchaser shall be subject to the law of the Netherlands.

Article 13 - The Dutch text of these Sales and Delivery Terms & Conditions prevails over the translation of it.

 

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