Terms and conditions
Article 1 - Definitions
1. Orivé V.O.F., located at Stavorenweg 8, 2803PT Gouda, registered with the Chamber of Commerce under number 89265564, VAT number NL864928270B01, is referred to as the seller in these general terms and conditions.
2. The counterparty of the seller is referred to as the buyer in these general terms and conditions.
3. Parties are the seller and the buyer together.
4. The agreement refers to the purchase agreement between the parties.
Article 2 - Applicability of general terms and conditions
1. These conditions apply to all offers, proposals, agreements and deliveries of services or goods by or on behalf of the seller.
2. Deviations from these conditions are only possible if expressly and in writing agreed upon by the parties.
Article 3 - Payment
1. The full purchase price is always paid immediately in the webshop. For reservations, a deposit may be required in some cases. In that case, the buyer receives proof of the reservation and the advance payment.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend his obligations until the buyer has fulfilled his payment obligation.
3. If the buyer remains in default, the seller will proceed with collection. The costs related to that collection will be borne by the buyer. These collection costs are calculated according to the Dutch Extrajudicial Collection Costs Decree.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller's claims against the buyer are immediately due and payable.
5. If the buyer refuses to cooperate in the execution of the assignment by the seller, he is still obliged to pay the agreed price to the seller.
Article 4 - Offers, quotations and price
1. Offers are without obligation, unless a term for acceptance is stated in the offer. If the offer is not accepted within the specified term, the offer expires.
2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
3. Offers and quotations do not automatically apply to repeat orders. The parties must expressly agree to this in writing.
4. The price stated in offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.
Article 5 - Right of withdrawal
1. The consumer has the right to dissolve the agreement without stating reasons within 14 days after receipt of the order (right of withdrawal). The period starts from the moment the (entire) order has been received by the consumer.
2. There is no right of withdrawal if the products have been made to measure according to his specifications or have a short shelf life.
3. The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately upon the buyer's request.
4. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all delivered accessories and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6 - Amendment of the agreement
1. If, during the execution of the agreement, it appears that it is necessary to change or supplement the work to be performed for a proper execution of the assignment, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement will be changed or supplemented, the completion time of the execution may be affected. The seller will inform the buyer of this as soon as possible.
3. If the change or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in writing in advance.
4. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or addition to the agreement will result in an exceeding of this price.
5. Notwithstanding the provisions of paragraph three of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances attributable to him.
Article 7 - Delivery and transfer of risk
1. As soon as the purchased goods have been received by the buyer, the risk transfers from the seller to the buyer.
Article 8 - Inspection and complaints
1. The buyer is obliged to examine the delivered goods at the time of delivery, or at least as soon as possible. The buyer must examine whether the quality and quantity of the delivered goods correspond to what the parties have agreed, or at least that the quality and quantity meet the requirements applicable in normal (commercial) traffic.
2. Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to the seller by the buyer within 10 working days after the day of delivery of the goods.
3. If the complaint is found to be justified within the stipulated period, the seller has the right to either repair, redeliver, or waive delivery and send the buyer a credit note for that part of the purchase price.
4. Minor and/or customary deviations in the industry and differences in quality, quantity, size or finish cannot be held against the seller.
5. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement.
6. No complaints will be accepted after the goods have been processed by the buyer.
Article 9 - Delivery
1. Delivery takes place 'ex works/store/warehouse'. This means that all costs are for the buyer.
2. The buyer is obliged to take delivery of the goods at the moment the seller delivers them to him or has them delivered, or at the moment these goods are made available to him according to the agreement.
3. If the buyer refuses acceptance or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the goods at the expense and risk of the buyer.
4. If the goods are delivered, the seller is entitled to charge any delivery costs.
5. If the seller requires data from the buyer for the execution of the agreement, the delivery period starts after the buyer has made these data available to the seller.
6. A delivery period stated by the seller is indicative. This is never a firm deadline. If the period is exceeded, the buyer must give the seller written notice of default.
7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value.
Article 10 - Force majeure