Terms and Conditions
The European Commission provides a plat- form for online dispute resolutions (ODR) which can be accessed at http://ec.eu- ropa.eu/consumers/odr/.
We do not intend to participate in dispute settlement proceedings before a dispute resolution body.
Article 1. Definitions
1.1 In these terms and conditions, ‘the company’ shall be understood to mean STORTSLURF B.V., having its registered office at Kering 2 – 0003, 8072TD Nunspeet. Acting under the name STORTSLURF and registered with the Chamber of Commerce under number 80712177.
1.2 In these terms and conditions, ‘buyer’ is understood to mean: the person with whom STORTSLURF B.V. enters into or has entered into an agreement.
1.3 After this, STORTSLURF B.V. will be abbreviated to STORTSLURF.
Article 2. Applicability
2.1 These terms and conditions apply to or form part of every offer and every agreement between the company and the client and all obligations arising therefrom. The applicability of the buyer’s general terms and conditions is expressly rejected.
2.2 Once the buyer has purchased under the applicability of STORTSLURF’s terms and conditions, it is deemed to tacitly agree to the applicability of the terms and conditions for all orders it has subsequently given, irrespective of the nature of the order and irrespective of whether or not STORTSLURF confirms such an order in writing.
2.3 If STORTSLURF does not always require strict observance of these general terms and conditions, this does not mean that the provisions thereof do not apply, or that STORTSLURF would in any way lose the right to demand strict observance of the provisions of these general terms and conditions in other cases.
2.4 All agents, representatives, employees, resellers or others who have received an assignment from STORTSLURF, or who have been appointed or engaged by STORTSLURF, will each enjoy the same protection for themselves and be entitled to the same exclusions, exemptions and limitations of liability as will apply to STORTSLURF itself pursuant to these general terms and conditions or pursuant to any agreement concluded with STORTSLURF.
Article 3. Quotations
3.1 An offer, quotation or quotation does not bind STORTSLURF and is only regarded as an invitation to the client to place an order, unless explicitly stated otherwise.
3.2 Quotations issued by the company are without obligation. The prices stated in an offer are exclusive of VAT, unless stated otherwise.
Article 4. Delivery and risk
4.1 The goods are transported in a manner to be determined by STORTSLURF. If the transport does not take place by STORTSLURF, this will be at the expense and risk of the buyer, unless explicitly agreed otherwise. In that case, the buyer must also take care of the insurance of the transport.
4.2 Delivery is deemed to have taken place through the receipt of the goods by the client, or, in case of dispatch through the intermediary of a carrier, through the transfer of the goods to the carrier.
4.3 The client is obliged to take receipt of all purchased goods at the agreed time or, in the absence thereof, at the time indicated by the company. If the client fails to take receipt of the purchased goods in full and/or on time or fails to provide information or instructions necessary for the (timely) delivery, the goods will be stored at the expense and risk of the client.
4.4 All deliveries of STORTSLURF take place ex works unless explicitly agreed upon otherwise in writing.
Article 5. Delivery term
5.1 The delivery period stated by STORTSLURF is indicative and based on the circumstances applicable to STORTSLURF at the time of the conclusion of the agreement and, insofar as STORTSLURF is dependent on the performances of third parties, on the information provided to STORTSLURF by such third parties. STORTSLURF must comply with the delivery period as much as possible, but an agreed delivery period is never a deadline. Exceeding the delivery period does not give the client the right to cancel the order or to refuse the receipt of a shipment or part of a shipment, nor does it oblige the company to pay any compensation to the client.
5.2 The delivery period commences after STORTSLURF has confirmed the order to the customer in writing or by e-mail.
5.3 The company is entitled to adjust an agreed term, if and insofar as the customer fails to provide information which the company needs for the execution of the order.
5.4 The Company is permitted to deliver sold goods in parts (partial lots).
5.5 If the goods are delivered in parts, the company is authorised to invoice each part (part lot) separately to the client.
Article 6. Quality
6.1 STORTSLURF shall not be deemed to have given or made any warranty, guarantee or other recommendation as to the suitability of the goods for any specific purpose. The buyer must satisfy himself whether the goods are suitable for the purpose for which the buyer wants to use them and STORTSLURF does not give any guarantee or explanation for this.
6.2 The goods sold must have the properties agreed upon by the parties in writing.
6.3 The quantities delivered will be mentioned by STORTSLURF on the delivery document.
6.4 If the purchaser does not notify STORTSLURF in writing or by e-mail within 48 hours after receipt of the delivery document of any objection to the delivery document, the quantity stated on the delivery document will be deemed to correctly reflect the delivered goods.
6.5 If the goods sold are intended for any special use involving special risks or quality requirements, the purchaser must expressly inform the company of this in advance and this special use must be recorded in writing in the contract, failing which normal use is assumed.
Article 7. Tolerance
7.1 With regard to the agreed specifications, the deviations listed below, both upwards and downwards, are permissible. The average of the total quantity delivered in one type, quality, colour and execution shall be used as a yardstick for assessment. For specifications other than those stated below, the deviations allowed for previous deliveries and, in the absence thereof, the customary deviations are admissible. If a minimum or maximum value has been agreed, a double deviation upwards or downwards is permitted.
7.2 Even if stricter specifications have been agreed upon in writing – minor deviations in colour, thickness, quality, dimensions and other such data are only regarded as a shortcoming if the purchaser demonstrates that the deviation affects the functionality of the goods sold.
7.3 With regard to the quantity, STORTSLURF is considered to have performed properly if deviations in quantities of the products do not exceed:
– 5% above or below the specified height, width, diameter or length of the products.
– 5% above or below the stated thickness of the fabric (gr/m2/Mu).
Article 8. Termination of the Agreement
8.1 The company’s claims against the purchaser shall be immediately due and payable in the following cases:
After circumstances have come to the knowledge of the company which give it good reason to fear that the client will not meet its obligations.
If the entrepreneur has asked the client to provide security in accordance with article 15.7 of these terms and conditions and this security is lacking or insufficient.
If the client goes into liquidation, bankruptcy or suspension of payment. In the cases mentioned, the company is authorised to suspend the (further) execution of its obligations under the agreement, or to dissolve the agreement, without prejudice to the company’s right to claim damages.
8.2 Furthermore, STORTSLURF is authorised to dissolve the agreement (or have the agreement dissolved) if circumstances arise of such a nature that fulfilment of the agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered maintenance of the agreement cannot reasonably be expected.
Article 9. Retention of title
9.1 Regardless of whether the goods sold have actually already been delivered, ownership will only pass to the buyer when he has paid in full all amounts owed by him to STORTSLURF in respect of the goods delivered or to be delivered under any agreement or for any reason whatsoever, including the purchase price, any additional costs, interest, taxes and charges, which are owed on the basis of these general terms and conditions or the agreement. The retention of title also applies to all obligations arising from any agreement, which STORTSLURF may obtain vis-à-vis the buyer.
9.2 The company is entitled to take back as many delivered goods from the customer, until the sales proceeds from the private or public sale of the recovered goods have been paid in full, including costs and (statutory) trade interest and any damages.
9.3 The customer is obliged to insure the goods delivered under retention of title and to keep them insured against fire and (water) damage, as well as against theft, and to make the policy of these insurances available for inspection at STORTSLURF’s request.
9.4 If and as long as STORTSLURF is the owner of the delivered goods, the buyer must immediately inform STORTSLURF in writing when the goods are seized or (any part of) the goods are claimed. The buyer must also inform STORTSLURF, at its first request, where the goods of which STORTSLURF is the owner are kept.
9.5 In the event of an attachment, (provisional) postponement of payment or bankruptcy, the buyer must immediately point out the (ownership) rights of STORTSLURF to the attaching bailiff, administrator or trustee.
9.6 The provisions mentioned in this article do not affect the other rights to which STORTSLURF is entitled.
Article 10. Right of return
10.1 The customer has the right to return the purchased goods. The customer has the right to cancel the order up to 14 days after receipt without giving a reason. After cancellation, the customer has another 14 days to return your product.
10.2 The return costs are at the expense of the customer, unless explicitly agreed otherwise in writing.
10.3 The customer must make his return and/or cancellation known in writing in advance. Should the customer fail to do so, the above rules do not apply
Article 11. Defects / complaint periods
11.1 The client must search for the purchased goods upon delivery – or as soon as possible thereafter. In doing so, the client must check whether the goods delivered are in accordance with the agreement, i.e. whether they meet the requirements of the agreement:
– whether the correct goods have been delivered;
– whether the delivered goods correspond with the agreed quantity.
– whether the delivered goods meet the agreed quality requirements.
11.2 If visible defects or shortages are found, the client must report these to the company within 2 (two) days after receipt. A non-written report must be confirmed in writing by the client within 3 (three) days after receipt of the goods. At the same time, the client, or the person taking delivery of the goods for or on behalf of the client, must include a written description of the detected defect or shortage in the transport documents accompanying the goods, to confirm that the complaint existed at the time of delivery of the goods. The client must keep the goods in respect of which a complaint has been made in a careful manner in such a way that loss of quality or quantity is avoided.
11.3 The client must report non-visible defects to the company in writing within 7 days of discovery, but no later than 14 days after delivery. Any right to compensation for non-visible defects expires after 14 days, which period commences on the day of delivery.
11.4 If a timely complaint is made, the client remains obliged to take delivery of and pay for the goods purchased. Should the buyer wish to return defective goods, this will take place with prior written consent of STORTSLURF in the manner and under the conditions as indicated by STORTSLURF.
11.5 The buyer is obliged to give STORTSLURF the opportunity to check complaints. The fact that STORTSLURF investigates a complaint does not imply that STORTSLURF acknowledges any liability.
11.6 A complaint must at least contain a detailed and accurate description of the defect and a statement of further information from which it can be deduced that the goods delivered and rejected by the buyer are identical. In addition, STORTSLURF can oblige the customer to supply visual material (photo/film) of the defects before the complaint is dealt with.
11.7 The goods to which the complaints relate, as well as the packaging and packaging, must remain available to STORTSLURF for inspection and/or testing in the condition in which they were at the time the faults were found, and may not be resold unless STORTSLURF has given express written permission to do so.
11.8 If the complaints concern a part of the delivered goods, this cannot be a reason for rejection of the entire batch, unless the batch delivered cannot reasonably be considered usable in such a case.
11.9 If a complaint and/or complaint regarding a delivered good is justified, STORTSLURF will not be obliged to do more than replace the rejected good at its expense, or (at STORTSLURF’s discretion) to credit the buyer for an amount equal to the price owed by the buyer for the rejected good.
11.20 In the event of total replacement or compensation of goods, the part already consumed will be taken into account.
11.21 Any claim of the purchaser expires after he/she has taken the purchased item into use, has processed or processed it, has had it printed or cut, has had it processed or processed, has had it printed or cut, or has supplied it to third parties, unless the purchaser demonstrates that he/she was not reasonably able to make the claim known to STORTSLURF at an earlier stage.
11.22 STORTSLURF is released from any liability and is not obliged to accept and/or investigate complaints about faults if the buyer has not punctually fulfilled his payment obligations or other obligations towards STORTSLURF and also not in the case that the buyer and/or third parties, whether or not on the order of the buyer, have made any changes or repairs to the goods delivered by STORTSLURF without prior written permission.
11.23 The buyer must give STORTSLURF at least 7 days, after notification to the company, to investigate or deal with the complaint.
11.24 Complaints and/or complaints do not entitle the Customer to suspend its payment obligations and/or other existing obligations towards STORTSLURF.
Article 12. Payment
12.1 Unless explicitly agreed otherwise, payment by the customer to STORTSLURF must be made within 14 days of the invoice date without any deduction, discount or setoff.
12.2 Claims for damages do not suspend the Customer’s payment obligations.
12.3 After the expiry of an agreed term of payment, the customer will be in default and without notice of default, and will owe an interest of 2.5% per (part of a) month on the amount due and payable, until the day of full payment.
12.4 Payments made by the Customer shall always be applied in the first instance to settle all interest and costs due and in the second instance to invoices which have been outstanding the longest, even if the Customer states that the payment relates to a later invoice.
12.5 In the event of payment after the due date, STORTSLURF is also entitled to suspend the delivery of other goods and/or to dissolve other agreements entered into with the customer or to suspend the execution thereof, without being obliged to pay any compensation. In that case the buyer is obliged to pay any expenses and to compensate STORTSLURF for the resulting losses or damages, including loss of profit.
12.6 At the first request of the company, the client is obliged to provide security for what the client owes or will owe to the company.
12.7 The client is not entitled to set off amounts charged by the company to the client under the agreement existing between them.
12.8 All judicial and extrajudicial collection costs incurred by STORTSLURF to collect claims against the client will be for the account of the client.
Article 13. Liability
13.1 If the company is liable, the amount of compensation to be paid by it shall in all cases be limited to a maximum of the purchase price of the delivered good, to which the damage claim relates, with a maximum of € 10,000.
13.2 Liability of STORTSLURF for indirect damage, consequential damage, loss of profit, missed savings, reduced goodwill, damage due to business stagnation, damage as a result of claims from customers of the buyer or damage due to mutilation, loss or destruction of data or documents is excluded.
13.3 The limitations of liability of STORTSLURF, mentioned in the paragraphs 1 and 2, lapse if and insofar as the damage is the result of intent or deliberate recklessness on the part of STORTSLURF. This must be explicitly demonstrable.
13.4 Unless compliance is permanently impossible, the liability of STORTSLURF on account of an attributable shortcoming only arises if the buyer has immediately put STORTSLURF in default in writing, whereby a reasonable period of time is set for compliance to be rectified, and STORTSLURF continues to fail imputably in complying with its obligations even after that period. The notice of default must contain a description of the shortcoming that is as complete and detailed as possible, so that STORTSLURF can respond in a timely and correct manner.
13.5 A printing error, writing error or other error or omission in sales literature, a quotation, price list, on the website, invoice or other document or other information on the part of STORTSLURF, can be corrected without any liability on the part of STORTSLURF. STORTSLURF cannot be bound by obvious errors or mistakes in writing.
13.6 A description, specification or statement regarding one or more of the goods sold by STORTSLURF in a catalogue, leaflet, website, advertisement or other literature is only approximate and STORTSLURF is in no way liable for any inaccuracies in such literature.
13.7 Rights of claim and other powers of the buyer on any basis whatsoever against STORTSLURF will in any case lapse after the expiry of 6 months from the moment an event occurs that the buyer can use these rights and/or powers against STORTSLURF.
Article 14. Force majeure
14.1 Force majeure is understood to mean circumstances which prevent the fulfilment of the obligation and which cannot be attributed to the company. This also includes:
– strikes in companies other than those of the company;
– wildcat strikes or political strikes in the company of the company;
– a general lack of necessary raw materials and other goods or services required to achieve the agreed performance;
– unforeseeable stagnation at suppliers or other third parties on which the company depends and general transport problems.
14.2 STORTSLURF also has the right to invoke force majeure if the circumstance preventing (further) fulfilment occurs after the company should have fulfilled its obligation.
14.3 During force majeure the delivery and other obligations of the company will be suspended. If the period in which fulfilment of the obligations by the company is not possible due to force majeure lasts longer than 8 weeks, both parties are entitled to dissolve the agreement, without any obligation to pay damages in that case.
Article 15. Intellectual property and copyrights
15.1 STORTSLURF reserves the rights and powers which STORTSLURF is entitled to under the Copyright Act.
15.2 All documents provided by STORTSLURF, such as texts, designs, sketches, drawings, films, software, visual material (photo/film), logos, etc. are protected by copyright and are exclusively intended to be used by the client and may not be reproduced, made public or brought to the attention of third parties without the prior consent of STORTSLURF, unless the nature of the documents provided dictates otherwise.
15.3 The copyright on texts, designs, drawings, sketches, lithographs, photographs, videos, reviews, etc. produced by STORTSLURF or commissioned by STORTSLURF. remains the property of STORTSLURF at all times, regardless of whether they have been made available to the client or to third parties, unless expressly agreed otherwise. When using the goods referred to above, the buyer will owe STORTSLURF, without prior written permission from STORTSLURF, an immediately payable fine of € 15.000,- per violation, without prejudice to STORTSLURF’s right to claim damages.
15.4 The buyer indemnifies STORTSLURF for all consequences of a possible infringement of any right of third parties if STORTSLURF, at the request of the buyer, has used a certain text, image, drawing, model or a certain design or otherwise protected intellectual property right of that third party. The buyer will fully compensate all legal costs of STORTSLURF in this respect and indemnify STORTSLURF.
15.5 The buyer is not allowed to make any changes to the goods, unless the nature of the delivered goods dictates otherwise or unless otherwise agreed upon in writing.
Article 16. Applicable law
16.1 The legal relationship between STORTSLURF and the buyer is governed by Dutch law.
16.2. STORTSLURF may unilaterally amend these general terms and conditions. The most current version can be found on the website. These general terms and conditions have also been filed with the District Court of Gelderland, location Arnhem.
16.3 All disputes arising from or as a result of the Agreement between STORTSLURF and the client will be settled by the competent court of the District Court of Gelderland, location Arnhem, unless provisions of mandatory law lead to the jurisdiction of another court of law.
Article 17. Other provisions
17.1 These terms and conditions have been drawn up in the Dutch language. If the terms and conditions are translated into another language, the Dutch version will be deemed authentic and the terms used must be read and understood in the context of the Dutch legal system.
17.2 The most recently filed version or the version valid at the time of the conclusion of the agreement shall always apply.