Terms and conditions
Wisbroek online store – General Terms and Conditions
Registered with the Chamber of Commerce under number: 9147906
1.1 These General Terms and Conditions apply to all quotations, offers, and agreements made by Wisbroek B.V., a limited liability company incorporated under Dutch law, hereinafter referred to as ‘Wisbroek’.
1.2 By entering into an agreement with Wisbroek, the customer waives its right to apply any other terms and conditions, by whatever name, such that all agreements are subject exclusively to these Wisbroek General Terms and Conditions.
1.3 All offers and quotations made by Wisbroek are non-binding. An agreement arises only upon written confirmation or upon actual performance by Wisbroek. Wisbroek is only bound by any changes to the order if confirmed in writing by Wisbroek or if actually performed by Wisbroek.
2. DELIVERY TIMES
2.1 All delivery times quoted may not be regarded as a strict deadline, unless expressly agreed otherwise. In the event of late performance, Wisbroek must send a written notice of default by registered post before Wisbroek enters into default.
3.1 All specifications or information provided by Wisbroek with regard to its products or services will be done so to the best of its knowledge, but are non-binding. Wisbroek expressly reserves to the right to make any deviations and/or modifications of any scope and nature.
4. PRICE CHANGES
4.1 Wisbroek is entitled to amend the agreed tariffs and/or prices at any time. If the customer is a private individual (i.e. a natural person not acting in the course of a profession or business), such individual is entitled to terminate the agreement if the price rises within three months of the conclusion of the agreement.
5.1 All prices in the online store are provided both inclusive and exclusive of VAT. Wisbroek is entitled to pass any change to the VAT rate on to the customer.
5.2 Delivery costs apply to orders under €3000.
6. DELIVERY, PAYMENT, AND PERFORMANCE
6.1 Before an order is actually processed, the customer has the option to check and amend it.
6.2 Once you have placed your order, the customer will receive an e-mail confirming that your order has been placed. Shortly afterwards, the customer will receive an e-mail with a final invoice.
6.3 The customer must make payment through the online store immediately by iDEAL, credit card, SOFORT Banking, Bancontact, or bank transfer. It is not possible to pay on credit, unless otherwise agreed.
6.4 Any complaints concerning products or deliveries must be sent by post or by e-mail to email@example.com.
7. PAYMENT TERM
7.1 A limited number of customers have the option of paying on credit. This option may be selected after logging in.
8.1 If the customer fails to pay on time, the customer enters into default, without a formal notice of default being required. In such case, the customer is liable to pay interest, calculated on an annual basis at the statutory rate plus 3%, on the total outstanding amount from the day on which the customer enters into default until the date of payment in full, without prejudice to the customer’s other obligations.
9. RECOVERY COSTS
9.1 In the event of late or non-payment, the customer will bear all administrative costs, extrajudicial recovery costs, and legal, judicial, and enforcement costs. The extrajudicial recovery costs amount to at least 15% of the invoice amount, subject to a minimum of €250.00. Furthermore, all legal, judicial, and enforcement costs, including all legal assistance and lawyers’ fees will be borne by the customer.
10. BANK GUARANTEE/ADVANCE PAYMENT
10.1 Wisbroek is entitled at any time, whether before or after the agreement arises, to request a bank guarantee or advance payment, subject to suspension of performance of the agreement by Wisbroek, until the bank guarantee or advance payment has been received by Wisbroek.
11. RETENTION OF TITLE
11.1 All products delivered remain the property of Wisbroek until full payment has been received from the customer for the delivery, including any interest and other costs.
12.1 Wisbroek may terminate its agreement with the customer in whole or in part without judicial intervention and without being liable to pay any compensation for damages, by sending a registered letter with immediate effect, if:
a) the customer applies for a suspension of payment or bankruptcy, applies for debt restructuring of a natural person under the Wet Schuldsanering Natuurlijke Personen, is declared bankrupt, proposes an settlement outside bankruptcy, or any part of its assets are seized;
b) the customer ceases its operations, ceases to pursue its mission as laid down in its articles of association, is voluntarily wound up, or otherwise loses its legal personality or transfers or merges its company.
c) the customer fails to perform one or more of its obligations arising under the agreement on time, in full, or at all, and its failure is not rectified within seven calendar days of receiving written notice from Wisbroek;
d) Wisbroek discontinues the sale of the product or the provision of the service in question. The provisions of this article are without prejudice to Wisbroek’s other statutory rights in the event of non-performance by the customer, such as the right to claim performance or full compensation.
13. FORCE MAJEURE
13.1 If, in its reasonable opinion, Wisbroek is or will be unable to perform its obligations as a result of force majeure, which is understood to mean an event beyond its control, Wisbroek is entitled to terminate or temporarily suspend the agreement in whole or in part, without being liable to pay any compensation. Force majeure includes, but is not limited to: travel bans, threats of war, war, insurrection, vandalism, strikes, boycotts, disruption to business operations, disruption to traffic or transport, failures in networks, government measures, shortage of raw materials, natural disasters, fire, nuclear reactions, breakdown of machinery, and any other circumstances under which Wisbroek cannot be reasonably required to perform its obligations under the agreement in whole or in part.
13.2 If Wisbroek has already performed or is only able to perform some of its obligations at the time when force majeure occurs, Wisbroek is entitled to invoice separately for the partial performance and the customer is obliged to treat such invoice as if it were a separate agreement.
14.1 The liability of Wisbroek, its staff, and any other persons for whom Wisbroek is responsible or liable for damage, including indirect damage (including losses due to delay and loss of revenue) which is attributable to it, is in all cases limited to a maximum of the invoice value for the part of the agreement under which the liability arises.
14.2 Both Wisbroek and the customer are obliged to comply with national and EU legislation laying down the health rules as regards animal by-products and derived products not intended for human consumption, namely Regulation (EC) No 1069/2009 of the European Parliament and of the Council. Wisbroek is not liable in any way whatsoever for any damage caused by the customer’s failure to comply in whole or in part with said legislation. The same applies for damage caused in whole or in part by the customer’s failure to comply with the feeding instructions such as those specified on Wisbroek products.
14.3 The customer will indemnify Wisbroek and hold it harmless against any liability towards third parties arising from the customer’s order, as well as any liability towards third parties with regard to the customer’s use of or inability to use the products sold by Wisbroek.
15.1 Complaints against Wisbroek’s performance of the agreement must be submitted to Wisbroek by registered letter as soon as possible, but within eight days of delivery of the Wisbroek products at the latest, after which the customer’s rights in this regard expire.
16. APPLICABLE LAW AND WEBSHOP T&Cs
16.1 All disputes in relation to the agreement concluded between Wisbroek and the customer may be brought before the competent court in the district of Zutphen. All agreements concluded with Wisbroek are subject exclusively to Dutch law.
Stramproy, March 2017
TERMS AND CONDITIONS OF USE
The present Terms and Conditions apply in addition to the applicable laws and regulations when accessing and using the Wisbroek website (www.wisbroek.com). By using this website, you agree to these Terms and Conditions.
Wisbroek always refers to the company Wisbroek B.V.
The information on this website is solely intended to provide information about Wisbroek. The information is provided to the best of our knowledge, but is subject to change or withdrawal without prior notice at any time. Wisbroek cannot guarantee the completeness or accuracy of the information. The information is provided by Wisbroek without any implicit or explicit guarantee of accuracy, completeness, or suitability.
The website (www.wisbroek.nl) is the property of Wisbroek. All copyrights and other intellectual property rights to the content of this website, including the text, design, images, and sounds, are held by Wisbroek or third parties which have permitted Wisbroek to use such material. The content of the website may not be reproduced, amended, or published without the prior written consent of Wisbroek, subject to statutory restrictions and except where this is necessary for the intended use of this site.
Wisbroek respects the privacy of the visitors to this site. The data collected by Wisbroek during your use of this website is used by Wisbroek for the purpose of evaluation and improvement of this website. All data collected which relates to your visit to this website is done so anonymously and cannot be traced back to a natural person. Personal data is collected only with the express permission of the user.
By visiting this website, you agree that Wisbroek is not liable for any direct, indirect, or consequential damage, whether contractual or as a result of negligence or other unlawful conduct, related to the use of the information, material, and/or services of this website, and/or as a result of the use of the information, material, and/or services of websites linked to this website, except in so far as such damage is the result of intent on the part of Wisbroek. The foregoing is without prejudice to the fact that Wisbroek is never liable for any direct, indirect, or consequential damage, whether contractual or as a result of negligence or other unlawful conduct, related to the use of the information, material, and/or services of websites related to this website, except in so far as such damage is the result of intent on the part of Wisbroek.
Wisbroek reserves the right to withdraw full or partial access to any user of this website at its sole discretion without prior notice.
6. AMENDMENTS TO THESE TERMS AND CONDITIONS
Wisbroek reserves the right to amend the Terms and Conditions that apply to the use of this website. Such amendments will take effect immediately after they are published on this website or directly linked from this website.