2.1 These terms and conditions of sale apply to all agreements concluded with Groenendijk Bedrijfskleding and to all offers, orders and agreements made by Groenendijk Bedrijfskleding.
2.2 Deviations from these terms and conditions are only possible per transaction and only if Groenendijk Bedrijfskleding has agreed to this in writing.
3.1 All offers are without obligation, unless Groenendijk Bedrijfskleding has expressly stated the contrary in writing.
3.2 Every offer remains valid for 10 days from the date of the offer, unless a different term is included in the offer.
3.3 The use of information provided with the offer must be limited to use in the context of the order given.
Establishment of Agreement
4.1 Agreements for the delivery of products are concluded by a written or e-mail order from the client to Groenendijk Bedrijfskleding and acceptance of the order by Groenendijk Bedrijfskleding.
4.2 Orders for the delivery of products with a value of more than €1,000 (excl. VAT) must be confirmed by Groenendijk Bedrijfskleding in writing or by e-mail. Orders for the delivery of products with a value of less than €1,000 (excl. VAT) will be deemed to have been accepted upon execution of the order by Groenendijk Bedrijfskleding.
5.1 Specified delivery times are only approximate. Unless expressly and unambiguously stated and/or agreed otherwise, Groenendijk Bedrijfskleding does not assume any obligation with regard to the delivery time. Late delivery does not entitle the client to compensation or the right to dissolve the agreement.
5.2 If the delivery time is exceeded, the client is entitled to give Groenendijk Bedrijfskleding notice of default by registered letter, whereby Groenendijk Bedrijfskleding must be given a period of at least 45 days to still carry out the order. If Groenendijk Bedrijfskleding is unable to fulfil its obligations during this period, the client is entitled to terminate the agreement by registered letter without judicial intervention, without Groenendijk Bedrijfskleding owing any compensation to the client.
5.3 Unless otherwise agreed in writing, products with a value above €295 will be delivered carriage paid. In that case, the costs of the transport included in the agreement to the destination specified by the client will be borne by Groenendijk Bedrijfskleding. Costs and damages for Groenendijk Bedrijfskleding resulting from failure to receive the products will be borne by the client.
5.4 Transport of products takes place at the risk of Groenendijk Bedrijfskleding unless otherwise agreed. The liability of Groenendijk Bedrijfskleding is at all times limited to the coverage/reimbursement provided by the relevant transport insurers.
5.5 Groenendijk Bedrijfskleding is entitled to deliver in parts (partial deliveries), which can be invoiced separately. In that case, the client is obliged to pay in accordance with the provisions of Article 7 of these terms and conditions.
5.6 Groenendijk Bedrijfskleding reserves the right to require an advance payment or security for first or further deliveries if there is any doubt about the creditworthiness of the client or for other business reasons. If the required security is not provided to Groenendijk Bedrijfskleding in a timely manner, Groenendijk Bedrijfskleding is entitled to suspend or refuse deliveries, without Groenendijk Bedrijfskleding owing any compensation to the client.
5.7 Groenendijk Bedrijfskleding will only return films, working drawings and other layout materials if this was expressly agreed upon in the first order.
5.8 In the event of errors made by Groenendijk Bedrijfskleding, it must be given the opportunity to correct the error. To this end, complaints must be made within 5 working days after delivery of the goods. The goods in question must be returned to Groenendijk Bedrijfskleding within 7 working days after delivery. Only when these conditions are met and Groenendijk Bedrijfskleding is unable to correct the error, the goods will be replaced.
6.1 The nonbinding prices quoted by Groenendijk Bedrijfskleding are in euros and are exclusive of VAT.
6.2 Prices offered only apply to the quantities offered and under the established conditions.
6.3 If, during the period between the date of the order and the date of delivery, increases or surcharges come into effect on goods that Groenendijk Bedrijfskleding obtains from suppliers, if price-increasing government measures are announced, or in the event of an increase in wage costs or raw material prices, Groenendijk Bedrijfskleding is entitled to calculate the prices as they apply on the day of delivery and thus to pass on to the client price increases that arise after the conclusion of the agreement, without the client being entitled to compensation or dissolution of the agreement.
6.4 Specified prices expire with the publication of new price lists.
7.1 Payment of the invoice amount must be made by deposit into a bank account to be designated by Groenendijk Bedrijfskleding within 30 days after the invoice date, without any right to discount or debt settlement.
7.2 If payment has not been made within 30 days after the invoice date, the client is legally in default and Groenendijk Bedrijfskleding is entitled to charge 1% per month on the outstanding amount from the due date without any demand or notice of default. Part of a month counts as a whole month.
7.3 All extrajudicial costs incurred to collect the claim, including the costs of calling in a legal advisor, will be borne by the client. The extrajudicial collection costs amount to at least 15% of the amount owed by the client, with a minimum of €115.
8.1 Visible defects and/or shortcomings can only be asserted through complaints. Complaints will only be accepted by Groenendijk Bedrijfskleding if they are made directly to Groenendijk Bedrijfskleding by registered letter and are in the possession of Groenendijk Bedrijfskleding within 5 days after receipt or provision of the products. Complaints can no longer be submitted after any processing of the products by or on behalf of the client or by third parties.
8.2 Complaints regarding minor, unavoidable deviations in quality and quantity that are customary will not be accepted.
8.3 Complaints relating to specific quality requirements of the client will not be accepted unless those requirements have been made known in writing when placing the order and have been accepted by Groenendijk Bedrijfskleding in writing.
8.4 Complaints about invoices must be submitted by registered letter and must be received by Groenendijk Bedrijfskleding within 14 days after the date of dispatch of the invoices.
8.5 After the said terms have expired, the client is deemed to have approved the products or the invoice. Complaints will then no longer be processed by Groenendijk Bedrijfskleding.
8.6 If Groenendijk Bedrijfskleding finds the complaint to be well-founded, Groenendijk Bedrijfskleding is solely obliged to replace/repair the defective products within 45 days of receipt of the complaint, without the client being able to assert any rights to any compensation whatsoever.
8.7 Submitting a complaint does not release the client from its payment obligations towards Groenendijk Bedrijfskleding.
9.1 The client can only claim any guarantee in writing. A defect must be clearly communicated to Groenendijk Bedrijfskleding in writing within 7 days of its occurrence or discovery. After written permission from Groenendijk Bedrijfskleding, the products that qualify for work carried out under warranty can be sent to Groenendijk Bedrijfskleding free of charge.
9.2 Defects in delivered products that are covered by the warranty will be either repaired or replaced by a new delivery, at the sole discretion of Groenendijk Bedrijfskleding, if the defects, in the opinion of Groenendijk Bedrijfskleding and/or the opinion of the manufacturer, are due to construction and/or material defects that render the products unusable with regard to the designated use of the products specified by the client.
9.3 All warranty claims lapse if the client itself carries out changes and/or repairs to the products or does not use the products accurately in accordance with any supplied instructions or otherwise handles/uses them improperly, and/or uses them for purposes other than the original designated use.
9.4 Defects caused by improper storage, external force or other causes beyond our control, as well as normal wear and tear are not covered by the warranty provisions.
10.1 If Groenendijk Bedrijfskleding has culpably failed to perform the agreement, Groenendijk Bedrijfskleding undertakes, at its expense, to repair the direct damage resulting therefrom as best as possible.
10.2 Groenendijk Bedrijfskleding is not liable for consequential damage that the client suffers as a result of the shortcomings of Groenendijk Bedrijfskleding.
10.3 The liability of Groenendijk Bedrijfskleding, however arising, is at all times limited to a maximum of the invoice amount of the agreement of which the delivery was part.
10.4 Advice or recommendations given by or on behalf of Groenendijk Bedrijfskleding, including information in catalogues, brochures and advertisements, with regard to the storage, operation, use and/or consumption of the products, is without obligation. Following the advice is entirely at the client's own risk. Groenendijk Bedrijfskleding is not liable for damage of any nature whatsoever resulting from the above-mentioned advice and/or recommendations.
11.1 Groenendijk Bedrijfskleding is not liable for damage, in any sense whatsoever, arising as a result of force majeure. Force majeure is defined as a circumstance not attributable to Groenendijk Bedrijfskleding that prevents correct fulfilment of the order.
11.2 Force majeure includes boycott, strikes, weather influences, government measures, seizure or collection by civil or military authorities, riots, civil war, war, mobilisation, sabotage, transport barriers, import barriers and delays in deliveries by our suppliers.
Retention of Title
12.1 The delivered products remain the unconditional property of Groenendijk Bedrijfskleding until the client has fully paid all that it owes to Groenendijk Bedrijfskleding on the basis of the deliveries made by Groenendijk Bedrijfskleding, including interest, damage and costs.
Right of Retention
13.1 Groenendijk Bedrijfskleding has the right to suspend delivery of all products from or on behalf of the client that, regardless of the cause, are in the custody of Groenendijk Bedrijfskleding, as long as the Client has not fulfilled all its obligations towards Groenendijk Bedrijfskleding.
13.2 Groenendijk Bedrijfskleding is obliged to manage these goods in accordance with good commercial practice without the client being able to assert any right to (damage) compensation in the event of destruction, partial loss and/or damage. The risk of the goods remains with the client.
Default of the Client
14.1 If the client does not properly or timely fulfil any obligation arising from the agreement, including its payment obligation, as well as if it requests a suspension of payments, is declared bankrupt, or decides to liquidate its affairs, Groenendijk Bedrijfskleding is entitled to dissolve the agreements existing at that time in whole or in part without any notice of default and without judicial intervention, without being liable for any compensation, and is entitled to regard claims not yet due and payable as immediately due and to reclaim the unpaid goods, without prejudice to its right to compensation.
14.2 In this case, the client undertakes to return the products upon first request in their original condition or in the original factory packaging supplied by Groenendijk Bedrijfskleding without any notes on this factory packaging and/or on the product labels and to provide all desired cooperation in this regard as required, such as providing access to storage space and the like.
All agreements with Groenendijk Bedrijfskleding are exclusively governed by Dutch law.