Terms and Conditions

Terms of delivery

Terms of delivery of Elian International V.O.F. in Westervoort

Article 1. Applicability
1.1 These General Terms and Conditions apply to all offers, orders and agreements of Elian International V.O.F..
1.2 Accepting an offer or placing an order means that you accept the applicability of these Conditions.
1.3 It is only possible to deviate from the provisions of these Conditions in writing, in which case the other provisions remain in full force.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of Elian International V.O.F., are also stipulated for the benefit of intermediaries and other third parties engaged by Elian International V.O.F..

Article 2. Offers / agreements
2.1 All offers from Elian International V.O.F. are without obligation and Elian International V.O.F. expressly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations. See also article 3.6.
2.2 An agreement is only concluded after acceptance of your order by Elian International V.O.F.. Elian International V.O.F. is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Elian International V.O.F. will notify this within ten (10) working days after receipt of the order.

Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in Euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless stated otherwise or agreed in writing.
3.2 Payment must be made without discount or compensation within fourteen (14) days after the invoice date if it concerns deliveries within the Netherlands, and within thirty (30) days after the invoice date if it concerns deliveries outside the Netherlands, unless otherwise agreed in writing.
3.3 Payment can be made by bank transfer, advance payment or upon receipt (cash on delivery). When paying by bank or giro, the date of payment is the date of crediting the giro or bank account of Elian International V.O.F..
3.4 If the payment term is exceeded, you will be in default from the day that payment should have been made and you will owe default interest of 1% per month or part of a month on the outstanding amount from that day. If payment takes place after a reminder by Elian International V.O.F., you owe an amount of twenty-five euros (€ 25.00) in administration costs and if Elian International V.O.F. outsources its claim for collection, you also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to the right of Elian International V.O.F. to instead claim the extrajudicial collection costs actually incurred.
3.5 If you are in default with any payment, Elian International V.O.F. is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements.
3.6 If the prices for the products and services offered increase in the period between the order and the execution thereof, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by Elian International V.O.F..

Article 4. Delivery
4.1 The delivery times stated by Elian International V.O.F. are only indicative. Exceeding any delivery period does not entitle you to compensation or the right to cancel your order or to dissolve the agreement, unless the delivery period is exceeded to such an extent that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as necessary.
4.2 The delivery of the products takes place at the place and time when the products are ready for shipment to you.

Article 5. Retention of title
5.1 The ownership of the delivered products is only transferred if you have paid all that you owe Elian International V.O.F. under any agreement. The risk with regard to the products is already transferred to you at the time of delivery.

Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by Elian International V.O.F..
6.2 Elian International V.O.F. does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and / or industrial property right of third parties.

Article 7. Complaints and liability
7.1 You have the obligation to check whether the products meet the agreement upon delivery. If this is not the case, you must notify Elian International V.O.F. of this as soon as possible and in any case within seven (7) working days after delivery, or at least after observation was reasonably possible, in writing / email and with reasons.
7.2 If it has been demonstrated that the products do not comply with the agreement, Elian International V.O.F. has the choice to replace the products concerned by returning them with new products or to refund the invoice value thereof.
7.3 If you do not wish to purchase a product for whatever reason, you as a private individual have the right to return the product to Elian International V.O.F. within seven (8) working days after delivery. In this case, return shipments are only accepted if the packaging of the product is undamaged, whereby the costs for return shipments are also at your expense.

Article 8. Guarantee
8.1 If Elian International V.O.F. delivers products to the customer, Elian International V.O.F. is never bound to a more extensive guarantee vis-à-vis the customer than that which Elian International V.O.F. can claim vis-à-vis its supplier. Complaints due to externally visible defects must be submitted in writing by the client in accordance with the contract conditions, but no later than 7 (seven) days after receipt of the goods. A term of 30 (thirty) days applies to Consumers. Complaints received by Elian International V.O.F. after the expiry of this period do not have to be handled by Elian International V.O.F..

Article 9. Orders / communication
9.1 For misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the Internet or any other
means of communication in dealings between you and Elian International V.O.F., or between Elian International V.O.F. and third parties, insofar as it pertains to the relationship between you and Elian International V.O.F., Elian International V.O.F. is not liable, unless and insofar as there is intent or gross negligence on the part of Elian International V.O.F..

Article 10. Force majeure
10.1 Without prejudice to its other rights, Elian International V.O.F. has the right, in case of force majeure, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by notifying you in writing. and this without Elian International V.O.F. being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
10.2 Force majeure is understood to mean any shortcoming that cannot be attributed to Elian International V.O.F., because it is not attributable to Elian International V.O.F.'s fault and cannot be attributed to it by law, legal act or generally accepted standards.

Article 11. Miscellaneous
11.1 If you provide Elian International V.O.F. in writing of an address, Elian International V.O.F. is entitled to send all orders to that address, unless you notify Elian International V.O.F. in writing of another address to which your orders should be sent.
11.2 If Elian International V.O.F. permits deviations from these Conditions, tacitly or otherwise, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these Conditions. You can never assert any right based on the fact that Elian International V.O.F. applies these Conditions flexibly.
11.3 If one or more of the provisions of these Terms and Conditions or any other agreement with Elian International V.O.F. should be in conflict with any applicable legal provision, the relevant provision will lapse and be replaced by a new legally permissible one to be determined by Elian International V.O.F.. comparable provision.
11.4 Elian International V.O.F. is authorized to make use of third parties in the execution of your order (s).

Article 12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, including these Conditions, are exclusively governed by Dutch law.
12.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.