Private company Packaging Discounter (hereinafter: CSN) is registered with the Chamber of Commerce under number 80552900 and is located at Poortland 66 (1046BD) in Amsterdam.
Article 1 - Concepts
1. In these general terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise:
2. Offer: any written offer to the buyer to deliver products by the seller with which these conditions are inextricably linked.
3. Company: the natural or legal person who acts in the exercise of a profession or business.
4. Buyer: the company that enters into an agreement (remote) with the seller.
5. Agreement: the purchase agreement (remote) that is to the sale and delivery of products purchased by the buyer from CSN.
6. Products: the products offered by CSN concerns packaging material in the broadest sense of the word.
7. Seller: the provider of products to the buyer, hereinafter: CSN.
Article 2 - Applicability
1. These general terms and conditions apply to all offers, quotations and agreements between CSN and the buyer.
2. Any deviations from these general terms and conditions are only valid if they have been agreed in writing.
3. The applicability of any purchasing or other conditions of the Buyer is expressly rejected.
4. If one or more provisions in these General Terms and Conditions are wholly or partially void or may be annulled at any time, the other provisions in these general terms and conditions will continue to apply. CSN and the buyer will then consult to agree on new provisions to replace the void or destroyed provisions, whereby the purpose and scope of the original provisions are taken into account as much as possible.
ARTICLE 3 - Offers and quotations
1. All offers and quotations from CSN are without obligation, unless a period for acceptance has been set in the quotation. If no acceptance period has been set, any right can be derived from the offer or quotation if the product to which the offer or quotation relates is no longer available in the meantime.
2. CSN cannot be held to its offers or quotations if the buyer can reasonably understand that the offers or quotations, or a part thereof, contains an obvious mistake or error.
3. The prices stated in an offer or quotation include VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and residence, shipping and administration costs, unless stated otherwise.
4. If the acceptance (whether or not on subordinate points) deviates from the offer included in the offer or quotation, then CSN is not bound by that. The agreement will then not be concluded in accordance with this different acceptance, unless CSN indicates otherwise.
5. A composite quotation does not oblige CSN to deliver part of the goods included in the offer or quotation at a corresponding part of the stated price.
Article 4 - Dealing of the Agreement
1. The agreement is concluded at the time of acceptance by the buyer of the offer and the compliance with the conditions set.
2. If the buyer has accepted the offer electronically, CSN will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the buyer can terminate the agreement.
3. If it appears that the buyer has provided incorrect information in the acceptance or otherwise entering into the agreement, CSN has the right to pay its obligations only after the correct information has been received.
Article 5 - Prices
1. The prices for the products and services offered are in euros, including VAT and excluding any shipping costs, unless stated otherwise or in writing.
2. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. With printing and typing errors, CSN is not obliged to deliver the product according to the incorrect price.
3. CSN can change the prices of the products and services offered without prior notice. Changes in prices have no influence on agreements already concluded, unless otherwise agreed in writing.
Article 6 - Payment
1. Payment must be made within 14 days after the invoice date, in a manner to be specified by CSN in the currency in which it has been invoiced, unless otherwise indicated by CSN in writing.
2. If the buyer fails to pay the timely payment of an invoice, the buyer is legally in default. The buyer then owes an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the due amount will be calculated from the moment the buyer is in default until the moment of payment of the fully due amount.
3. In the event of liquidation, bankruptcy, seizure or suspension of payment of the buyer, the claims of CSN on the buyer are immediately due and payable.
4. Payments made by the buyer always stretch in the first place of all interest and costs owed, in the second place of due and payable invoices that have been open the longest, even if the buyer states that the payment relates to a later invoice.
5. CSN can, without falling into default, refuse an offer for payment if the buyer designates a different order for the allocation of the payment. CSN can refuse full repayment of the principal, if the outstanding and current interest and collection costs are not paid.
Article 7 - Collection costs
1. If the buyer is in default or in default with the fulfillment of one or more of his obligations, then all reasonable costs for obtaining satisfaction will be borne by the buyer. In any case, the buyer owes collection costs in the event of a money claim. The collection costs are calculated in accordance with the collection rate as advised by the Dutch Bar Association in collection cases.
2. If CSN has incurred higher costs, which were reasonably necessary, they will also be eligible for reimbursement.
3. The possible reasonable judicial and execution costs will also be borne by the buyer.
4. The buyer also owes interest on the collection costs due.
Article 9 - Guarantee
1. CSN guarantees that the goods to be delivered meet the usual requirements and standards that can be set for them and are free of any defects.
2. The guarantee referred to in paragraph 1 applies for a period of 12 months after delivery, unless the nature of the delivered goods arise otherwise or the parties have agreed otherwise.
3. If the goods to be delivered do not comply with this guarantee, CSN will replace the case within a reasonable period of time after receipt thereof or, if return, written notification in respect of the defect by the buyer, at CSN's choice or Taking care of it for repair or replacement reimbursement for this to the Buyer. In the event of replacement, the buyer already undertakes to return the replaced item to CSN and to provide the property to CSN about it.
4. The guarantee does not apply if the defect has arisen as a result of improper or improper use or if, without written permission from CSN, the Buyer or third parties have made changes or tried to make it to the case or have used it for purposes for which the for which the case is not intended.
5. If the delivered goods do not correspond to what had been agreed and this non-conformity is a defect within the meaning of the product liability regulation, then CSN is not obliged to compensate for damage, any liability for damage caused on the part of the buyer.
Article 10 - Liability
1. If CSN is liable, then that liability is limited as follows:
- CSN's liability is limited to the invoice value of the transaction, at least to that part of the transaction to which the liability relates.
- CSN is only liable for direct damage.
- Direct damage is only understood:
- The reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions.
- Any reasonable costs incurred to have the defective performance of CSN answer to the agreement, unless they cannot be attributed to CSN.
- Reasonable costs incurred to prevent or limit damage, insofar as the buyer demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions.
1. CSN is not liable for indirect damage, consequential damage, lost profit, missed savings, reduced goodwill or damage due to business interruption.
2. CSN is not liable for damage caused by intent or gross negligence of auxiliary persons.
Article 11: retention of title
1. All goods delivered by CSN remain the property of CSN until the buyer has met all the following obligations from all agreements concluded with CSN.
2. The buyer is not authorized to pledge the goods falling under the retention of title or to objection to any other way if the ownership has not yet been completely transferred.
3. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the buyer is obliged to inform CSN as quickly as can reasonably be expected.
4. In the event that CSN wishes to exercise its property rights indicated in this article, the Buyer already gives unconditional and non -revocable permission and authorization to CSN or third parties to be designated to enter all those places where the property of CSN is located and to take back those things.
5. CSN has the right to keep the product (s) purchased by the Buyer, if the buyer has not yet (fully) met his payment obligations, despite an obligation to transfer or issue CSN. After the buyer has still met his obligations, CSN will make an effort to deliver the purchased products to the buyer as quickly as possible, but no later than within 20 working days.
6. Costs and other (consequences) damage as a result of the products purchased under it are at the expense and risk of the buyer and will be reimbursed by the buyer at the first request to CSN.
ARTICLE 12: WARRANTY
CSN guarantees that the products comply with the agreement, the specifications, usability and/or soundness stated in the offer and the legal rules/regulations at the time of the conclusion of the agreement. This also applies if the goods to be delivered are intended for use abroad and the buyer of this use explicitly reported to CSN in writing at the time of entering into the Agreement. CSN can explicitly give no guarantee about the individual application of the product in connection with the circumstances of the case with regard to the way in which the product is used.
Article 13: Suspension and dissolution
1. CSN is authorized to suspend the fulfillment of the obligations or to terminate the agreement if the buyer does not or does not fully comply with the (payment) obligations under the agreement.
2. In addition, CSN is authorized to dissolve the agreement existing between it and the buyer, insofar as it has not yet been implemented, without judicial intervention, if the buyer does not meet the obligations that have been made for him from any agreement concluded for him in time or does not properly meet the obligations for him result.
3. Furthermore, CSN is authorized to terminate the Agreement without prior notice of default if circumstances arise that are of such a nature that fulfillment of the agreement can no longer be expected or by standards of reasonableness and fairness or if circumstances arise otherwise which are of such a nature that unaltered maintenance of the agreement may not reasonably be expected.
4. If the agreement is dissolved, the claims of CSN on the buyer are immediately due and payable. When CSN suspends the fulfillment of the obligations, it retains its claims under the law and agreement.
5. CSN always reserves the right to claim compensation.
Article 14: Limitation of liability
1. If CSN's execution by CSN leads to CSN towards the buyer or third parties, that liability is limited to the costs charged by CSN in connection with the Agreement unless the damage has occurred due to intent or gross negligence. The liability of CSN is in any case limited to the damage amount that the insurance company paid out to the maximum per event per year.
2. CSN is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage as a result of the use of the delivered products is excluded.
3. CSN is not liable for and/or obliged to repair damage caused by the use of the product. CSN can provide maintenance and user instructions that must be complied with by the buyer. All damage to products as a result of wearing and using is explicitly excluded from liability (this means traces of use, damage damage, fall damage, light and water damage, theft, loss etc.).
4. CSN is not liable for damage resulting from any acts or omissions in response to (imperfect and/or incorrect) information on the website (s) or of linked websites.
5. CSN is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or for whatever reason are not available from the website.
6. CSN does not guarantee a correct and complete transfer of the content of and by/on behalf of CSN, nor for its timely receipt.
7. Any advice completed by CSN, based on information provided by the buyer, is never ground for liability of CSN.
8. The content of the delivered advice from CSN is not binding and only advising in nature. The buyer decides and at his own responsibility whether she will succeed the proposals and the advice of CSN in it. All consequences arising from the follow -up of the advice are for the account and risk of the buyer. The buyer is free at all times to make its own choices that deviate from the advice of CSN. CSN is not bound by any form of refund if this is the case.
9. CSN is not liable for damage that the client suffers to the Products Department in the event of the use of the CSN product. Consider, for example, the loss of quality of the client's products.
10. All claims from the buyer due to failure on the part of CSN will be canceled if they were not reported in writing and motivated to CSN within one year after the buyer was known or could reasonably be known with the facts on which it bases its claims. All claims from the buyer will lapse at least one year after the end of the agreement.