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General sales and delivery conditions Toys and Tools Wholesale
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1. Definitions
1.1 In these general terms and conditions of sale and delivery, hereinafter referred to as general terms and conditions, the following definitions apply:
Buyer: legal person or natural person acting in the exercise of a profession or business, as well as its representatives, authorized representatives, heirs and assigns.
Seller: Toys and Tools Wholesale located at Vrouwenlaan 21, 8017HB Zwolle NL
Chamber of Commerce number 08214517
2. General/Applicability
2.1 These general terms and conditions apply to all quotations, offers and agreements between the Seller and the Buyer. The terms and conditions are accessible to everyone on the Seller's website. A written copy will be sent on request.
2.2 It is only possible to deviate from the provisions of these general terms and conditions if and insofar as these agreements have been confirmed in writing by the Seller and are then only valid for the transaction concerned.
2.3 A general reference by the Buyer to other general terms and conditions does not lead to their applicability. The applicability of any general terms and conditions of the Buyer is expressly rejected by the Seller.
2.4 If several quotations are provided to, or several agreements are concluded with one and the same Buyer, the Buyer is already deemed to be aware of the applicable general terms and conditions on the basis of the first quotation or agreement.
3 Quotations/Offers
3.1 General offers or (price) quotations from the Seller in catalogues, brochures, via the Internet, etc. are not binding on it and only serve as an invitation to the Buyer to place an order. An individual quotation to the Buyer is only binding on the Seller if it is made in writing and if the Buyer accepts it in writing before the expiry date stated therein.
4 Conclusion of Agreement
4.1 An agreement is concluded at the moment that the Buyer, orally, in writing or by placing an order via the Seller's website, shows or has indicated that it wishes to purchase goods from the Seller.
4.2 The seller has the right not to accept orders or to accept them only under the condition that the shipment takes place after payment in advance.
5 prizes
5.1 All prices in offers and on the website are in euros, exclusive of VAT and exclusive of shipping costs.
5.2 legal measures necessary for the submission of the manufacturer/supplier interim price increases.
5.3 If the prices for the offered products and services increase in the period between the agreement and its implementation, you are entitled to cancel the order or to dissolve the agreement 10 working days after notification of the price increase by the seller.
5.4 All prices on the website, catalogs and other mailings are subject to typographical errors. Despite great care, the seller can accept liability. The buyer cannot derive any obligations from sales.
5.5 is a buyer and the goods are exported in the context of an intra-Community supply, then the buyer is provided that he is registered in the country for the applicable state sales tax. otherwise write for editing, Buyer indemnifies Purchase due to invoices made for export on a zero rate.
6 Delivery
6.1 otherwise processing, the delivery takes place at the place where the buyer conducts his business, or at his place. The time of delivery is the time of the goods to be delivered at the storage location of the sold. The Buyer bears immediate and immediate delivery at the risk for all direct and indirect damage that may arise from these items for the Buyer or for third parties. The shipment always takes place at the risk of the Buyer (also in the case of carriage paid delivery), who can take out insurance for the transport, then certainly the certainty that the seller has arranged this.
6.2 Delivery within the Netherlands takes place carriage paid if the net value of the goods exceeds €250, in other words two hundred and fifty euros. For a Belgium the minimum net value of goods for free delivery is €300, in other words: three hundred euros. For orders below these amounts, the shipping costs will be passed on to the Buyer. If the delivery address of the Buyer is located outside the Netherlands or Belgium, then shipping and transport costs are for the account of the Buyer.
6.3 The stated delivery times commence on the day on which the agreement was concluded, provided that all information required by the Seller for the execution of the order is in its possession. The delivery times stated by the Seller can never be regarded as a strict deadline, unless expressly agreed otherwise in the individual agreement.
In the event of late delivery, the Seller must therefore be given written notice of default.
If, contrary to the above, a penalty for exceeding the delivery time has been expressly agreed in the individual agreement, this will not be due if the exceeding of the delivery time is the result of the cases of force majeure referred to in Article 12 of these general terms and conditions.
6.4 Unless the Buyer itself provides a forwarder, the goods will be shipped by the Seller in the manner it deems favorable with forwarders to be chosen by the Seller.
6.5 If the Buyer requests that the goods be delivered in a manner other than usual, the Seller may charge the associated costs to the Buyer.
6.6 The buyer is obliged to take delivery of the purchased goods within the agreed time.
In the absence of this, the Seller is entitled, on the basis of the provisions of Article 6:60 of the Dutch Civil Code, to demand that the competent court release the Seller from its obligation to deliver the agreed goods, or, without prior notice of default, to pay the purchase price of the non-purchased goods. portion to be claimed. If the Buyer does not fulfill its payment obligation, the Seller is entitled to declare the agreement dissolved without judicial intervention, without prejudice to its right to claim compensation for non-compliance with the agreement.
7 Commercials
7.1 Complaints from the Buyer relating to defects in goods that are externally observable, must be brought to the attention of the Seller by the Buyer within 7 working days after delivery (or within 7 working days after the invoice date, if the goods could not be delivered to the Buyer). are being brought. This must be done by registered letter containing a clear and precise description of the complaint. The buyer must carry out a careful and timely check.
7.2 Defects that were not externally visible at the time of delivery, nor could have become apparent during a careful and timely inspection, must be brought to the attention of the Seller by the Buyer within 7 working days after the discovery of these defects in the manner stated. in paragraph 1.
7.3 Minor, commercial or technically unavoidable deviations and differences in quality, colour, size or finish cannot constitute grounds for complaint.
7.4 Any right of claim of the Buyer against the Seller with regard to defects in the goods delivered by the Seller lapses if:
the defects have not been brought to the attention of the Seller within the periods specified in paragraphs 1 and 2 above and/or in the manner indicated there;
b. Buyer provides no or insufficient cooperation to Seller with regard to an investigation into the validity of the complaints;
c. the warranty period referred to in the individual agreement has expired or, in the absence of such a period, the complaints are only expressed after a period of more than 6 months since the delivery time has expired.
8 Warranty/Liability
8.1 With due observance of the provisions of this article, the Seller guarantees that the goods delivered by it are free of manufacturing or material defects. Only if the warranty obligations with regard to goods delivered by the Seller have not been assumed by third parties (such as manufacturers), the Buyer can assert (warranty) claims against the Seller. The Seller has the option of replacing, repairing or taking back the defective goods against the Buyer's credit.
8.2 The warranty period is 6 months from the day of delivery to the Buyer. In some consumer products, the warranty period only applies to closed and properly stored products.
8.3 Claims by the Buyer under this article are only valid after submission of the original invoice and do not affect its payment obligations towards the Seller.
8.4 Shipment of goods in respect of which the warranty is invoked will take place at the expense and risk of the Buyer, and after prior consultation with the Seller.
8.5 In any case, the warranty does not cover defects that occur or are wholly or partly the result of:
a. neglected care
b. intentional damage
c. inattention
8.6 The Seller is not liable 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 between the Buyer and the Seller, unless and insofar as there is intent or gross negligence. from Seller.
8.7 Subject to any obligations of the Seller under the above, the Seller is never obliged to pay any compensation to the Buyer and third parties, unless there is intent or gross negligence on the part of the Seller. In particular, the Seller is never liable for consequential or trading damage, direct or indirect damage, including loss of profits and standstill damage, including by way of full or partial (re)delivery of goods, delayed or faulty delivery, or failure to deliver goods. business or by the business itself.
8.8 The buyer is not entitled to return the goods for which there is no motivated complaint. If this happens without valid reason, then all costs associated with return are at the expense of the Buyer. In that case, the Seller is free to store the goods under third parties at the expense and risk of the Buyer.
8.9 The Buyer is obliged to indemnify the Seller against all claims that third parties may assert against the Seller with regard to the execution of the agreement, insofar as the law does not preclude the damage and costs arising from these claims being for the account of the Buyer.
9 Security
The Seller can demand security from the Buyer upon or after the conclusion of the agreement if it has good reason to fear that it will not fulfill its payment obligation. If and for as long as the Buyer refuses or is unable to provide security, the Seller is entitled to suspend the delivery of goods.
10 Retention of title
10.1 All goods delivered and yet to be delivered remain the exclusive property of the Seller until all claims that the Seller has or will acquire against the Buyer have been paid in full.
10.2 As long as the ownership of the goods has not passed to the Buyer, the Buyer may not pledge the goods or grant third parties any other right thereto, except within the normal course of its business.
In that case, the buyer is also obliged to deliver the delivered goods to third parties subject to retention of title. When selling on credit, the Buyer is obliged to stipulate a retention of title from its customers on the basis of the provisions of this article. The Buyer undertakes, at the Seller's first request, to cooperate in the establishment of a pledge on the claims that the Buyer acquires or will acquire on account of the onward delivery of goods against its customers.
10.3 The Buyer is obliged to keep the goods delivered under retention of title with due care and as recognizable property of the Seller.
10.4 The Seller is entitled to take back the goods that have been delivered subject to retention of title and that are still present at the Buyer's disposal if the Buyer fails to fulfill its payment obligations or is or is in danger of experiencing payment difficulties. The Buyer shall at all times grant the Seller free access to its sites and/or buildings for the purpose of inspecting the goods and/or exercising the Seller's rights.
10.5 The Buyer is obliged to insure the risk of fire and theft of the goods delivered subject to retention of title and to show this insurance at the Seller's request.
10.6 The Buyer is obliged to cooperate within reasonable limits with all measures that the Seller wishes to take to protect its property rights with regard to the delivered goods.
10.7 The aforementioned provisions included in 10.1 to 10.4 inclusive do not affect the other rights accruing to the Seller.
11 Payment
11.1 Unless otherwise agreed in writing, payment for delivered goods and/or services must be made to the (postal) bank account of the Seller as stated on the invoice, or has been made known to the Buyer in any other way by the Seller.
11.2 The Buyer is obliged to pay for the goods concerned no later than 14 calendar days after the date of the invoice, unless otherwise agreed.
11.3 In the event of late payment, the Buyer is in default without further notice of default being required from the Seller. In that case, the Buyer will owe statutory interest on this amount from the due date due to delay in the payment of the amount owed by it. In addition, the Buyer is obliged to reimburse both extrajudicial and judicial collection costs, including the costs of lawyers, bailiffs and collection agencies. The collection costs are based on the rate of the Dutch Bar Association.
11.4 Deduction or set-off is never permitted.
11.5 If the Seller, for whatever reason, grants the Buyer postponement of the performance of any performance, the new term will always have a fatal character.
10.4 Der Verkäufer ist berechtigt, die unter Eigentumsvorbehalt gelieferte und noch zur Verfügung des Käufers befindliche Ware zurückzunehmen, wenn der Käufer seinen Zahlungsverpflichtungen nicht nachkommt oder in Zahlungsschwierigkeiten gerät oder droht. Der Käufer gewährt dem Verkäufer jederzeit freien Zugang zu seinen Grundstücken und/oder Gebäuden zum Zwecke der Besichtigung der Ware und/oder der Ausübung der Rechte des Verkäufers.
10.5 Der Käufer ist verpflichtet, die unter Eigentumsvorbehalt gelieferten Waren gegen Feuer- und Diebstahlsgefahr zu versichern und diese Versicherung auf Verlangen des Verkäufers vorzuweisen.
10.6 Der Käufer ist verpflichtet, im Rahmen des Zumutbaren an allen Maßnahmen mitzuwirken, die der Verkäufer zum Schutz seiner Eigentumsrechte an der gelieferten Ware treffen will.
10.7 Die vorstehenden Bestimmungen in 10.1 bis einschließlich 10.4 berühren nicht die sonstigen Rechte des Verkäufers.
11 Zahlung
11.1 Sofern nicht anders schriftlich vereinbart, hat die Zahlung für gelieferte Waren und/oder Dienstleistungen auf das auf der Rechnung angegebene (Post-)Bankkonto des Verkäufers zu erfolgen oder wurde dem Käufer auf andere Weise vom Verkäufer bekannt gegeben.
11.2 Der Käufer ist verpflichtet, die betreffenden Waren spätestens 14 Kalendertage nach Rechnungsdatum zu bezahlen, sofern nichts anderes vereinbart ist.
11.3 Bei Zahlungsverzug gerät der Käufer in Verzug, ohne dass es einer weiteren Inverzugsetzung durch den Verkäufer bedarf. In diesem Fall schuldet der Käufer die gesetzlichen Zinsen auf diesen Betrag ab dem Fälligkeitsdatum aufgrund der verspäteten Zahlung des von ihm geschuldeten Betrags. Darüber hinaus ist der Käufer verpflichtet, sowohl die außergerichtlichen als auch die gerichtlichen Inkassokosten, einschließlich der Kosten von Rechtsanwälten, Gerichtsvollziehern und Inkassobüros, zu erstatten. Die Inkassokosten richten sich nach dem Satz der niederländischen Anwaltskammer.
11.4 Ein Abzug oder eine Aufrechnung ist niemals zulässig.
11.5 Wenn der Verkäufer dem Käufer, aus welchem ​​Grund auch immer, die Ausführung einer Leistung aufschiebt, hat die neue Frist immer fatalen Charakter.
12 Force majeure
12.1 Force majeure is understood to mean any circumstance beyond the Seller's control that is of such a nature that the Seller cannot reasonably be expected to comply with the agreement (non-attributable shortcomings in the performance). Force majeure also includes: war, riots and hostilities of any kind, blockade, boycott, natural disasters, epidemics, lack of raw materials, prevention and interruption of transport options, business disruptions, import and export restrictions or bans, obstacles caused by measures, laws or decisions of international, national and regional (government) authorities. If, due to force majeure, the Seller is unable to fulfill its delivery obligation, or cannot fulfill it properly or on time, it is entitled to consider the agreement or the part that has not yet been performed as dissolved, or to suspend it for a definite or indefinite period of time, such at the discretion of the Seller. In the event of force majeure, the Buyer cannot claim compensation from the Seller.
13 Governing Law/Dispute Resolution
13.1 All offers and quotations made by the Seller and all agreements entered into by the Seller are exclusively governed by Dutch law.
13.2 Disputes arising from an agreement between the Seller and the Buyer, which cannot be resolved by mutual agreement, will be settled by the competent court in the district of Almelo, unless the Seller prefers to settle the difference with the competent court in the Buyer's place of residence. subject, and with the exception of those disputes that fall within the competence of the subdistrict court.
Order at wholesale.toysandtools.nl
To place an order on wholesale.toysandtools.nl, a registration of your data is necessary. After you have created an account, you can access the online shop via your e-mail address and your password. Because we only deliver to business customers, you must have a correct registration number from the Chamber of Commerce and, if applicable, a VAT number / or registration number.
We refer private customers to our private webshop: www.toysandtools.nl In the shop you can order by using the search function or order lists per category. If you just want to look around which products Sensory Tools has in its range, you can browse the website. You will then be guided via clear buttons to pages where the products are shown with an image. Delivery After placing an order, it will be delivered to you as soon as possible. In practice, this means that you often receive orders within 2 working days. We use the services of various carriers for all shipments in the Netherlands and Belgium (cooperation with POSTNL, DHL, DPD). The total amount of orders you place via the website may differ from the actual price. Differences may occur because any payment discounts have not yet been included in the price. These are processed in the invoice that you receive after delivery. Shipping costs for non-free deliveries may also deviate. Postage costs Within the Netherlands we deliver carriage paid if your order amounts to more than €250 (excl. VAT). For Belgium, free delivery applies for orders from € 300 (excl. VAT). Shipping to other countries is done on a quotation basis. wholesale.toysandtools.nl has a minimum order amount of 100 euros. For orders below the stated carriage-paid amounts, we charge € 9.95 shipping costs for the Netherlands (excl. VAT) and € 15 for Belgium.
