Terms and Conditions

Article 1. Definitions

In these conditions the following terms have the following meaning:

Delousion: the company under firma Delousion, located at the Popovstraat in Zwolle, registered with the Chamber of Commerce in Zwolle under number 61638889. For the VAT number of Delousion, please contact [email protected]

Buyer: the natural or legal person who purchases goods or services from Delousion.

Consumer: the natural person who purchases goods or services from Delousion and does not act in the exercise of a profession or business.

 

Article 2. Applicability

These general terms and conditions apply to all offers, quotations, agreements and deliveries of Delousion, of whatever nature, unless that applicability has been explicitly excluded in writing in whole or in part or explicitly agreed otherwise.

Any terms and conditions of the Buyer are expressly rejected. Deviations from and additions to these terms and conditions only apply if and insofar as they have been explicitly accepted by Delousion in writing.

If Delousion permits deviations from these general terms and conditions, whether tacitly or otherwise, for a short or longer period of time, this will not affect its right to demand immediate and strict compliance with these terms and conditions. The Buyer can never assert or have any right asserted on the grounds that Delousion applies these terms and conditions flexibly.

These terms and conditions also apply to all agreements with Delousion, for the implementation of which third parties must be involved.

If one or more of the provisions of these general terms and conditions or any other agreement with Delousion should be in conflict with a mandatory legal provision or any applicable legal provision, the relevant provision will lapse and will be replaced by a new one to be determined by Delousion, legally permissible and comparable provision.

The Buyer with whom a contract has been concluded on the basis of these terms and conditions is deemed to tacitly agree with the applicability of these terms and conditions to an agreement concluded with Delousion at a later date.

Delousion reserves the right to change these terms and conditions at any time. With the applicability of these general terms and conditions, the applicability of all previous (versions of) general terms and conditions will lapse.

In the event of a conflict between the content of an agreement concluded between the Buyer and Delousion and the present terms and conditions, the content of the agreement will prevail.

 

Article 3. Offers and quotations

All offers and quotations from Delousion are revocable and are made without obligation, unless stated otherwise in writing.

The Buyer guarantees the correctness and completeness of the measurements, requirements, performance specifications and other data on which Delousion bases its offer by or on behalf of him to Delousion.

A composite quotation does not oblige Delousion to perform part of the assignment for a corresponding part of the stated price.

The content of the assignment is exclusively determined by the description of the assignment given in the quotation and order confirmation.

The prices in Delousion's offers and quotations are exclusive of VAT and other government levies, as well as any costs to be incurred in the context of the assignment, including shipping and handling costs, unless stated otherwise.

 

Article 4. Establishment of the agreement

Subject to the provisions set out below, an agreement with Delousion is only concluded after Delousion has accepted or confirmed an order in writing. The order confirmation is deemed to represent the agreement correctly and completely, unless the Buyer objects to this immediately and in writing.

Any additional agreements or changes made later will only bind Delousion if they have been confirmed in writing by Delousion within fourteen (14) days and the Buyer has not lodged a written protest against this within three (3) working days.

For agreements, deliveries or transactions for which no written quotation or order confirmation is sent by nature and scope, the invoice is deemed to represent the agreement correctly and completely, unless objection in writing is made within seven (7) working days of the invoice date.


Each agreement is entered into by Delousion under the suspensive condition that Delousion is authorized to verify the creditworthiness of the Buyer, in connection with the financial performance of the agreement. If Delousion is of the opinion, on reasonable grounds, that the Buyer is not (sufficiently) creditworthy, Delousion has the right to temporarily suspend its obligations. In the event of such a suspension, Delousion will immediately notify the Buyer of this in writing and offer the Buyer the opportunity to provide security.

Delousion is entitled at or after entering into the agreement, before performing (further), to demand security from the Buyer that both payment obligations and other obligations will be met.

Drawings, technical descriptions, images, colors, sizes and material specifications are provided by Delousion in good faith and as accurately as possible. However, these informative data are not binding. Deviations in the delivery with the margins customary in the industry must be accepted and do not entitle the Buyer to a complaint, replacement, compensation for damage or any other right, unless a smaller margin for deviations has been expressly agreed in the agreement.

 

Article 5. Delivery and terms

Unless otherwise agreed, delivery is ex wholesaler or warehouse. The Buyer is obliged to accept the purchased goods when they are available or handed over to him.

If the Buyer refuses to take delivery or fails to provide information or instructions necessary for the delivery, the items intended for delivery will be stored at the risk and expense of the Buyer. In that case, the Buyer will owe all additional costs.

If Delousion requires information from the Buyer in the context of the performance of the agreement, the delivery time will commence after the Buyer has made all necessary information available to Delousion.

If Delousion has stated a term for delivery, this is only indicative. A specified delivery time can therefore never be regarded as a strict deadline. If a term is exceeded, the Buyer must therefore give Delousion written notice of default. Delousion must be offered a reasonable term to still execute the agreement.

Delousion reserves the right to engage third parties not employed by Delousion for the execution of (parts of) the assignment at its expense.

 

Article 6. Invoicing and payment

Delousion is entitled to require an advance from the Buyer for the performance of the agreement, which advance will be deducted from the last invoice. Advances should be promptly.

Unless otherwise agreed, payment of invoices must be made within 14 days after the invoice date, in a manner to be communicated in the currency in which the invoice is made.

After expiry of the agreed payment term, the Buyer will be in default by the operation of law without further notice of default being required.

From the moment of default, the Buyer owes interest of 1% per month on the amount due, unless the statutory (commercial) interest is higher, in which case the statutory (commercial) interest applies. All legal costs that Delousion incurs to obtain payment - both in and out of court - will be borne by the Buyer from that moment on. In that case, the Buyer owes a fee of at least 15% of the outstanding amount, with a minimum of €75.00 (in words: seventy-five euros). For Consumers, this compensation amounts to at least 10% of the outstanding amount with a minimum of €40.00 (in words: forty euros). If the costs actually incurred and to be incurred exceed this amount, they are also eligible for reimbursement.

In the event of selling-off, bankruptcy or suspension of payments of the Buyer, the claims of Delousion and the obligations of the Buyer towards Delousion are immediately due and payable.

Payments made by the buyer always serve to settle in the first place all interest and costs owed, in the second place of due and payable invoices that have been outstanding the longest, even if the buyer states that the payment relates to a later invoice.

Delousion is entitled to refuse full repayment of the principal sum, if the accrued interest and accrued interest are not also paid.

If several (legal) persons or become with the Buyer, they will be jointly and severally obliged to fulfill all obligations under the agreement concluded with Delousion.

 

Article 7. Retention of title


All goods delivered and to be delivered by Delousion remain the property of Delousion, until the moment that the Buyer has fully complied with all its payment obligations towards Delousion under any agreement concluded with Delousion for the delivery of goods or the provision of services, claims in this respect. including failure to comply with such an agreement.

A Buyer who acts as a reseller will be allowed to sell and resell all items subject to Delousion's retention of title insofar as this is customary in the normal course of its business. Delousion obtains an undisclosed right of pledge on all claims that the Buyer obtains against its customers when re-selling goods delivered by Delousion under retention of title in a manner prescribed in art. 3: 239 BW.

If the Buyer forms a new good (partly) from goods delivered by Delousion, the Buyer will only form that good for Delousion and the Buyer will keep the newly formed good for Delousion until the Buyer has paid all amounts due under the agreement; In that case Delousion has all rights as owner of the newly formed item until the moment of full payment by the Buyer.

Where appropriate, rights are always granted or transferred to the Buyer on the condition that the Buyer pays the agreed fees on time and in full.

The Buyer is not allowed to establish limited rights on goods that are subject to Delousion's retention of title. If third parties (wish to) establish (limited) rights on goods subject to retention of title, the Buyer will immediately inform Delousion of this.

Delousion hereby reserves the right of non-possessory pledge for additional security of claims on the delivered goods that have passed into the ownership of the Buyer through payment and are still in the hands of Delousion, other than as stated in Article 3:92 paragraph 2 of the Dutch Civil Code. , which Delousion may have towards the Buyer for whatever reason.

 

The Buyer is obliged to keep the goods delivered under retention of title separate from other goods, with due care and as recognizable property of Delousion.

The Buyer is obliged to insure the goods for the duration of the retention of title against fire, explosion and water damage as well as against theft and to make the policies of these insurance policies available to Delousion for inspection upon first request. All claims of the Buyer against insurers of the goods under the aforementioned insurance policies will, as soon as Delousion so wishes, be pledged by the Buyer to Delousion as additional security for the claims of Delousion against the Buyer.

If the Buyer does not fulfill his obligations or if there is well-founded fear that he will not do so, Delousion is entitled to remove or dispose of delivered goods that are subject to retention of title from the Buyer or third parties who keep the goods for the Buyer. take away. The Buyer is obliged to cooperate fully in this respect, on pain of a fine of 10% per day on the amount owed by him.

 

Article 8. Onward delivery

The goods delivered by Delousion are exclusively delivered for sale by the Buyer to private individuals in the establishment (s) or branches for which the goods were purchased. Without the prior written consent of Delousion, the Buyer is prohibited from selling or reselling to other establishments and branches or to other retailers, wholesalers or intermediaries, all under penalty of an immediately due and fine liable to judicial moderation in favor of Delousion due by the mere fact of the violation, without prejudice to Delousion's right to compensation for damage suffered by it.

 

Article 9. Suspension and dissolution

If Delousion or the Buyer fails to fulfill its obligations under the agreement, the other party is entitled, without prejudice to the relevant provisions of the agreement, to dissolve the agreement extrajudicially by means of a registered letter. The dissolution will only take place after the defaulting party has been given written notice of default and a reasonable period has been offered to remedy the shortcoming.

Furthermore, one party is entitled, without any reminder or notice of default being required, to dissolve the agreement in whole or in part by means of a registered letter extrajudicial and with immediate effect if:

the other party applies for (provisional) suspension of payments or is granted (provisional) suspension of payments;

the other party files for bankruptcy or is declared bankrupt;

the company of the other party is liquidated;

a significant part of the business of the other party is taken over;

the other party ceases its current business;

through no fault of this party, a substantial part of the assets of the other party is seized, or if the other party should otherwise no longer be deemed to be able to fulfill the obligations under the agreement.


If at the time of the dissolution the Buyer had already received performances for the implementation of the agreement, he can only partially dissolve the agreement and only for that part that has not yet been performed by or on behalf of Delousion.

Amounts that Delousion has invoiced to the Buyer prior to the dissolution in connection with what Delousion has already performed for the implementation of the agreement, remain fully due by the Buyer to Delousion and become immediately due and payable at the time of the dissolution.

If the Buyer, after having been given notice of default, does not, not fully or not timely fulfill any obligation arising from the agreement, Delousion is entitled to suspend its obligations towards the Buyer, without being obliged to pay any compensation to the Buyer. Delousion is also entitled to do so in the circumstances referred to in paragraph 2 of this article.

 

Article 10. Liability

If Delousion should be liable, this liability is limited to what is regulated in this provision.

If Delousion is liable for damage, that liability is limited to a maximum of the compensation actually paid out by Delousion's insurer in that specific case. If the insurer does not pay compensation, Delousion's liability is limited to compensation for direct damage and to a maximum of the invoice amount of the agreement, or that part of the agreement to which the liability relates. Direct damage is exclusively understood to mean:

the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these general terms and conditions.

Any reasonable costs incurred to have Delousion's defective performance conform to the agreement, unless these cannot be attributed to Delousion.

Reasonable costs incurred to prevent or limit damage, insofar as the Buyer demonstrates that these costs have led to limitation of the direct damage as referred to in these general terms and conditions.

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