General sales and delivery conditions
GENERAL SALES AND DELIVERY CONDITIONS DECOSTAR B.V.
1. General
1.1 These general terms and conditions of sale and delivery apply to all quotations, agreements, deliveries of products and the provision of services of the private company with limited liability Decostar B.V., hereinafter referred to as: “Decostar”.
1.2 Any purchase and/or other general terms and conditions of the buyer, including Decostar's counterparty, do not apply. Deviations from the provisions of these general terms and conditions may only be expressly made in writing by Decostar or with Decostar's written consent. Deviating stipulations only apply to that agreement in which these deviating stipulations have been made. In all other respects, the following conditions remain in full force and effect.
1.3 All offers from Decostar are entirely without obligation, unless stipulated otherwise in writing. All agreements between Decostar and the buyer are only binding and are only concluded if they are accepted by Decostar.
1.4 Changes to an agreement once concluded will only take place as soon as and insofar as Decostar has confirmed them in writing.
2. Prices
2.1 Decostar's quotations as well as the prices agreed with Decostar are exclusive of VAT. and based on the cost price factors applicable at the time of the conclusion of the agreement. Unless otherwise agreed, all quotations are subject to price changes.
2.2 If price increases should occur with regard to one or more cost price factors, for example as a result of an increase in duties and/or excise duties, factory prices, changes in the currency, etc., Decostar is entitled to pass on the price difference to the buyer and therefore the increase the order price accordingly.
3. Delivery
3.1 Stated delivery times are only approximate and can never be regarded as a strict deadline, unless expressly agreed otherwise. A delivery time only starts from the moment the last condition set out in the order confirmation is fulfilled.
3.2 Exceeding the terms, for whatever reason, does not entitle the buyer to any compensation or to dissolve the agreement and/or the right to non-compliance with any obligation that may rest on him by virtue of the relevant or. another agreement existing between the parties.
3.3 Unless expressly agreed otherwise, delivery is always EX FACTORY. As soon as the sold goods have therefore left Decostar, this will take place at the expense and risk of the buyer, irrespective of who is responsible for the transport and which means of transport and which travel route is chosen.
3.4 In the event that the buyer fails, for whatever reason, to take receipt of the goods and if they are ready for shipment, Decostar will be entitled, at its option, to terminate the agreement immediately.
to dissolve the goods in whole or in part, to deliver the goods at the expense and risk of the buyer, to store or have the goods stored in whole or in part at the expense and risk of the buyer and to charge the additional costs incurred as a result of this to the buyer or to claim compensation. In the event that the goods have been stored wholly or partly at the expense and risk of the buyer, Decostar is still entitled to dissolve the agreement in whole or in part or to claim compensation after the goods have been stored for three weeks.
4. Commercials
4.1 Complaints are understood to mean all grievances and complaints of the buyer with regard to the quantity, quality, damage and/or packaging of the purchased goods.
4.2 Complaints will only be accepted and dealt with by Decostar if they are submitted in writing to Decostar within eight days after delivery or making available to the buyer.
4.3 If Decostar deems a complaint submitted in accordance with the provisions of 4.2 to be proven, Decostar will have the choice either to replace the defectively delivered goods at its expense, or to credit the buyer for an amount equal to the price owed by the buyer for that material. In both cases, however, the buyer will return the material that has proved to be defective to Decostar, such after prior consent from Decostar. Decostar is in no way obliged to pay any additional compensation, other than the provisions of this article.
4.4 The buyer must check the goods delivered by Decostar immediately after delivery for quantity, nature and soundness. Complaints regarding defects, which could be discovered by taking simple random samples, must be submitted in writing to Decostar within three days of their discovery.
4.5 Exceeding the periods referred to in Articles 4.2 and 4.4 will result in forfeiture of the right of complaint.
4.6 Complaints never give the buyer any right to suspend payment of the purchase price or additional costs in whole or in part, while any reliance on discount and/or compensation is expressly excluded. If and insofar as the buyer could derive a claim for repayment of the purchase price from a well-founded complaint, the claim in question against Decostar can never be compensated with a debt to Decostar on account of transactions to which the relevant complaint does not relate.
5. Force majeure
5.1 Force majeure is understood to mean any non-attributable failure, which includes any event as a result of which performance of the agreement by Decostar has become so difficult or costly, compared to its prospects at the time of entering into the agreement, that such performance is judgment and reasonableness can no longer be demanded.
5.2 Force majeure on the part of Decostar is in any case, but not limited to, if Decostar is prevented from fulfilling its obligations under this agreement or in the preparation thereof after the conclusion of the agreement in the event of war, danger of war, fire water damage, flooding, frost, strike, occupation, blockage of transport routes, defects in means of transport, import and export obstacles, defects in machinery, disruptions in the supply of energy, difficulties or stagnation in the production of Decostar or of a company of which Decostar raw materials and aids, veterinary contaminations and/or
epidemics and furthermore arise from all other causes through no fault or risk of Decostar. Decostar will notify the purchaser in writing of the occurrence of a force majeure situation.
5.3 Decostar is entitled to dissolve the agreement in the event of force majeure. Decostar is entitled, if desired, to suspend the execution of the agreement, instead of dissolving it, until the circumstances causing force majeure have come to an end.
5.4 Decostar is not liable for damage caused by dissolution or suspension on the basis of force majeure, including loss of profit.
6. Retention of title
6.1 All goods delivered by Decostar remain its property until the amounts owed for the goods delivered or to be delivered under the agreement concerned and/or the work performed or to be performed for the benefit of the buyer under the agreement concerned and/or on account of claims due to failure of the buyer in the execution or fulfillment of an agreement by the buyer have been paid in full.
6.2 As long as the buyer has not acquired the ownership of the goods purchased by him, the buyer is prohibited from alienating, pledging or otherwise encumbering the relevant goods in any way other than in the normal course of his business. In the event that the buyer, in the course of its normal business operations, proceeds to sell and/or deliver the goods in question, Decostar is entitled, as long as the buyer has not fully fulfilled its payment obligations towards Decostar, demand that the claims arising from these sales to the buyer against its customers be transferred to Decostar.
6.3 If the buyer does not meet its payment obligations, Decostar is entitled to claim the goods it has delivered as its property, both from the buyer and from third parties after delivery, without prejudice to its right to compensation for the damage it has suffered.
6.4 If the buyer processes and/or processes the goods delivered but not yet paid for and/or has them processed and/or processed at his expense by third parties, Decostar also remains the owner of the processed and/or processed items, even if - and/or processing another product.
7. Payment
7.1 The buyer is obliged to pay the purchase price at the agreed time.
7.2 Decostar is at all times entitled to suspend the fulfillment of its obligations, until the buyer has provided security at the request and to the satisfaction of Decostar for the fulfillment of all its obligations under the agreement concerned. If the buyer does not, not fully or not timely provide the required securities, then it will imputably fail to fulfill the agreement concluded with Decostar.
7.3 The Buyer is not entitled to suspend its payment for whatever reason. Set-off or set-off is also not permitted.
7.4 If the buyer does not meet his payment obligations in time, he will be in default without notice of default being required. In that case, Decostar has the right from the moment of default to charge default interest equal to the statutory interest, increased by 2%, on the
invoice amount or the unpaid part thereof. Furthermore, in the event of late payment, Decostar is entitled to charge the buyer all reasonable costs of measures, both judicial and extrajudicial, that Decostar (at its option) takes against the buyer, with a maximum of 15% of the amount paid by the buyer. principal due, but with a minimum of €250 excluding VAT.
8. Payment and dissolution
8.1 Without prejudice to the provisions elsewhere in these general terms and conditions, Decostar's claims against the buyer become immediately due and payable at the time when the buyer is declared bankrupt, applies for a provisional suspension of payments, is charged with conservatory measures and/or the buyer otherwise free management and free disposal of all or part of its assets. Furthermore, Decostar has the right to dissolve the agreement in such circumstances. After dissolution, the buyer is liable for the damage suffered by Decostar, including that damage as a result of loss of profit and transport costs.
8.2 Any dissolution for whatever reason always entails due and payable of all that is owed to Decostar.
9. Liability
9.1 Except for gross negligence, Decostar is never liable for any damage, direct or indirect, to persons, property or companies of the buyer and/or to third parties.
9.2 In the event of liability on the part of Decostar, this liability is limited to the amount that is covered by Decostar's insurance in a particular case. If, for whatever reason, this insurance will not lead to any payment, or if the damage is not covered by this insurance, the liability is limited to the amount equal to the invoice value of the goods delivered by Decostar. and/or services to which the liability is related.
9.3 Damage in the form of lost profit or other consequential damage is in no way eligible for compensation.
10. Applicable law and competent court
10.1 Dutch law applies to the offers and agreements between Decostar and the buyer, to which these general terms and conditions apply in whole or in part. The Vienna Sales Convention is not applicable.
10.2 All disputes arising from this agreement will be submitted exclusively to the competent court of the place where Decostar's registered office is located.
11. Minimum order quantity, shipping costs & payment method
Depending on the delivery and payment conditions, orders are shipped within 4-5 working days. The actual delivery time depends on the destination. For the Netherlands and a large part of Belgium, this is the day after shipment. For other countries within Europe, the delivery time is between 6 and 10 working days.*
*This is an average and depends on several factors.
Minimum order values and transport costs per country:
Netherlands and Belgium:
Minimum order value € 500, delivered carriage paid.
The following applies to orders placed on the Webshop: Minimum order value € 350 with € 49 transport costs.
Germany:
Minimum order value € 750, delivered carriage paid.
The following applies to orders placed on the Webshop: Minimum order value € 350 with € 49 transport costs.
Austria, Italy:
Minimum order value € 750 with € 79 transport costs.
Order value from €1,500, delivered carriage paid.
France, Spain, Portugal (mainland, islands are excluded):
Minimum order value € 750, delivered carriage paid.
Poland, Czech Republic, Norway, Sweden, Finland, Denmark:
Minimum order value € 1,500, delivered carriage paid.
Switzerland:
Minimum order value € 1,500, delivered free of charge, excluding customs clearance (DAP)
Other countries: on request (sales@test.decostar.nl)
12. Delivery times
Delivery times will be on average between 5 and 10 working days*. This may vary slightly due to seasonal traffic or other circumstances. During holidays we have adjusted delivery times!
13. Webshop
In our webshop you can find items that are currently in stock.
Questions? Contact us: +31(0)55-5403024 or sales@test.decostar.nl
*This information is not legally binding.
Our General Terms and Conditions of Sale and Delivery apply to all our deliveries and services.