Agreements concluded with A Touch of Green - Garden Webshop are printed following Terms and Conditions apply: General sale and delivery of A Touch of Green - Garden Webshop
(Hereinafter referred to as ATOG), located in Amstelveen and registered in the
Commercial Register of Amsterdam under number 34264278)
Article 1: Applicability
Unless expressly agreed otherwise, these conditions apply to all offers, agreements of purchase and sale and delivery of all goods and services, which are marketed by ATOG and / or provided. Clauses differ from the conditions of ATOG, are only binding if they are agreed in writing.
Agreements or agreements with appropriate members of the staff of ATOG not bind ATOG if they are not confirmed in writing by ATOG. As subordinate staff within the meaning of this article are workers and employees in respect of whom Registry Advisory shows that no power of attorney is granted to them.
Article 2: tenders
All released by ATOG quotations are free, unless otherwise expressly stated, however, with the understanding that ATOG is bound to the net price in written quotations for a period of 14 days, starting from the dispatch of the offer.
Unless otherwise indicated in the offer, are included in the bid prices are exclusive of VAT. Details in the quotation concerning the offered property, dimensions, weights and the like, are not binding for ATOG and are given in good faith.
Same applies to information provided by ATOG in the tender drawings, pictures, brochures, etc.
Article 3: how the work is done
The work of ATOG either directing or in contract work.
If it is agreed that the work is performed in the direction, the actual number of hours worked by the employees of ATOG billed without prior target price is agreed. The time which is required for displacement to and from the work, and the time which is required elsewhere goods and materials needed for the work to pick up, is likewise passed to the client.
Tenders in respect of contract work include a full description of the work to be performed and to deliver the goods and / or materials, possibly by means of (a) drawing (s). Fine tolerances that occur in the work, are permitted and may constitute an obstacle to the full payment of the goods and services supplied.
Unless otherwise agreed, does ATOG offers for contract work for 30 days after the date of the offer unconditional.
Article 4: Agreement
All agreements entered into with ATOG include the condition subsequent that ATOG sufficient creditworthiness of the client will be seen, in order to assessment of ATOG.
The ATOG necessary narrative information relating to the client to win via a trade information center. ATOG advance payment or security of the client at all times entitled to payment before delivery or any further delivery of goods and / or services. If the client remains with the requested advance payment or security in default, expires fulfill ATOG any delivery obligation, without prejudice to the right of ATOG to compensation of all damages, costs and interest by the client.
Article 5: excavation work
If in the implementation of the work of excavation work must be performed by ATOG than or by third parties in contract ATOG, is the client required advance to information available to the client with regard to the presence of not visible wiring, pipes or ATOG writing all information other concealed underground structures or work.
Except in case of gross negligence on the part of ATOG ATOG is not liable for damage that occurs at the relevant excavation work to pipes, wiring or other concealed underground works and structures, or for the possible consequential damages.
Client indemnifies ATOG against claims of the client and / or third parties to compensation for damage or consequential damage that occurs in this context.
If soil must be excavated during work than be ground must be made by the client at the disposal is made and shows that there is come costs all related, such as absences, research, treatment and discharge of pollution of the land, a on behalf of the client.
This is different only if the client has previously reported writing in the contract that there is chemical or other contamination, in which case that should go accompanied, of one or more certified analyzes.
If asbestos or other hazardous materials cleanup or other work turn out to be or may be released, the cost of disposal on behalf of the client.
Article 6: intellectual property rights
ATOG reserves all intellectual property rights with respect to her client in designs, drawings, models and images.
The client is forbidden to make these things public without the express written permission of ATOG to copy, reproduce and / or operate.
Such designs, images, models and drawings remain the property of ATOG and should immediately be returned by the client's first request of ATOG
If the client is acting in violation of any provision of this Article shall forfeit the principal for ATOG a fine of € 5000, -, without prejudice to the right of ATOG to make on the actual damage suffered.
Article 7: obligations of ATOG
ATOG work well and properly and to the provisions of the agreement. The work should be carried out in such a way that injury to persons, or the environment is minimized. The client's assignment ATOG accepted under the condition that all be granted in time for work permits may be required, exemptions and allocations
ATOG is obliged to point out flaws in the client by or on behalf of the client structures and methods and in the instructions given by the client, as well as defects in the building materials and tools provided by the client or prescribed, provided ATOG knew or reasonably ought to know.
Article 8: obligations of the client
8.1 The client shall ensure that ATOG can have timely:
(A) for work information and approvals, permits, exemptions, to the extent necessary in consultation with ATOG
(B) the property, or the space where the work to be performed,
(C) adequate opportunity for the delivery, storage and / or conveyance of goods, building materials, materials and tools,
(D) connectivity (electrical) machinery, lighting, water and energy required for the implementation of the work
(E) security people if these are present in case of work along public roads.
8.2 The Client is obliged claim can be made to any compensation
earlier, water, electricity and adequate storage space for the material and if they are present on the jobsite. available to ATOG
8.3 agreed that the customer will ensure delivery of certain materials and / or the implementation of certain parts of the work, the client is liable for the non-timely supply or non-timely implementation of another.
In general, where the start or progress of the work is delayed by factors for which the client is responsible ATOG damages and costs arising from client's account can bring.
Article 9: materials
ATOG is responsible for the species, authenticity and quality of the offered and supplied materials.
ATOG will ensure a quality composition by to deliver ATOG, topsoil, sand, soil, compost and foundation or paving material.
This will be tailored to the destination of these materials.
Minor deviations in quality, hardness, thickness, color, composition, etc. can constitute a ground for rejection of material. Should it be reviewed or provided material impermissibly deviates must be based on an average of the relevant delivery.
ATOG is not responsible for defects that have arisen as a result of improper use / maintenance or defects that are the result of changes that the client or third parties have made. Delivered after delivery of the goods ATOG can be held not liable for damage or consequential damages and occurred in such a case
Article 10: more and less work and provisional sums
More and less work that the client orally or in writing before or during the execution of the work is dedicated to ATOG by ATOG is accepted, will be utilized.
Set items are amounts specified in the offer are included in the contract are intended for either the purchase of materials, the purchase of materials and the processing thereof, or the performance of work at the moment the agreement to insufficiently accurate are determined as a result of which must be completed. specified by the client
In expenditure to calculate ultimately borne by the realistic starting point to increase the calculated to ATOG prices and the costs incurred by ATOG, with a fee of 20%.
If a provisional sum relates to the purchase of materials and processing, the processing costs are not included in the contract price and are charged separately at the expense of the provisional sum.
If the provisional sum relates solely to the performance of work, the costs borne by the provisional sum will be settled on the basis of the number of hours actually worked for this part of the work. Of course, this can result in a lower amount than is assumed in the provisional sum.
Article 11: cancellation
If the client for any reason therefore cancel the contract in whole or in part, he held the already purchased ATOG materials and raw materials, whether or not worked or processed, at cost price, including wages and social charges, and pay.
Client towards ATOG obliged to reimburse the fully worked by ATOG. Addition, the customer due compensation to ATOG third of the agreed price is. In such a case shall indemnify also to take off. Client ATOG against claims by third parties as a result of the cancellation of the contract or refusal goods ordered Regardless the above reserves ATOG, to choose the right to demand full performance of the contract, or full compensation.
Article 12: delivery and delivery
Agreed delivery or completion times are not mandatory, unless expressly agreed otherwise in writing.
By doing ATOG work is deemed to be completed when they ATOG reported orally or in writing to the client ATOG
Furthermore, the work shall be deemed to be delivered if the client has taken in the applied work By commissioning this section shall be considered by the client of a portion of the work as completed.
If a specific date for delivery is agreed, the delivery date was extended if a delay occurs that can not be allocated, such as unforeseen weather conditions, strikes, war or threat of war or other special circumstances as referred to in the article in this agreement which the ATOG concept of force majeure is defined.
By ATOG far as it comes to delivery of goods to the client ATOG met its obligation to deliver the goods to offer to the client once the agreed time The report of the person who arranged the transport, is the full proof of an offer to supply if the client refuses to receive the goods. In the latter case, the cost of the return freight, storage and other necessary expenses for the account of the client.
The offer to deliver is equated with delivery. Refusal of acceptance of the goods will client save up to 30 days after delivery and during that period he can contact the goods against cash payment of the purchase price under this Article withdraw amounts due. After expiry of this period is ATOG entitled to sell the goods to a third party or otherwise to dispose of it. Damage ATOG may suffer as a result of the decrease of the ordered goods will be reimbursed by the client.
Article 13: Warranty and Liability
ATOG is responsible for the quality and the type of authenticity the materials supplied ATOG.
ATOG guarantees living materials supplied for more than one growing season, with a maximum of six months. The growing season in the meaning of this article covers the period from March to November.
ATOG is not responsible for defects which arise after the delivery of the goods are a result of improper handling, lack of care or the result of changes that client or third parties have made to the delivered
Injuries that occur as a result of mechanical and chemical or biological influences from outside, wood decay by fungi, wood and plant infestation by pests will never be at the expense and risk of ATOG. ATOG is not obliged to pay compensation for damage if there is coming off of other external causes of damage.
The liability of ATOG is limited to the invoice value of the goods, services, respectively.
Once materials and tools that are necessary in the context of the implementation of the contract, by ATOG be argued, at work client bears the risk for damage, of any kind, that may arise, including theft, with respect to the delivered goods fire or water damage and other damage, unless it is the result of fail to side of ATOG.
Article 14: Complaints
Complaints of any nature whatsoever, suspend the payment of the principal and can be brought to the attention of ATOG writing
Complaints about the quality of the goods can only be made within 14 days after the client has been able to determine, but the defectiveness of the goods in any case not later than six months after delivery of the goods. On client bears the burden of proving that the goods to which the complaint relates, are the same as those supplied by ATOG
If the complaint turns out to be correct will ATOG either pay reasonable compensation to a maximum of the invoice value of the goods, either ensure that the occurred defects will be corrected, for example by re-supply and to plant.
Article 15: force majeure
Force majeure means any circumstance ATOG could keep no account at the time of entering into the agreement as a result of which the normal execution of the agreement can not be required, such as war or threat of war, whole or partial mobilization, state of siege, by the client reasonably riot, sabotage, whole or partial strikes, unforeseen weather conditions, loss or damage of goods during transport ATOG to the client, not or untimely delivery of goods by suppliers ATOG, import and export bans, etc. If there is of force majeure relieved of its obligation to supply and or implementation of the agreed work, ATOG client any right to compensation of any kind or whatever name can assert.
In case of force majeure ATOG the right to terminate the agreement without being obliged to pay compensation.
Article 16: Retention of title
All goods remain the exclusive property of ATOG to the time when all claims from this or previous deliveries, or service by client discharged.
Delivered goods can be immediately recovered if the client has not complied with its obligations or ATOG reason to believe that client will not meet its obligations. ATOG The costs associated with the reversal to client's account will be charged. The Buyer will be credited based on the value of the goods on return.
The retention of title stipulated in this article does not affect the fact that the risk of the use and storage of the goods, and in the broadest sense of the word, from the time of the actual delivery respectively on client.
Article 17: prices and price changes
Unforeseen last minute changes in the prices of materials after realization of the agreement occur, can be calculated by ATOG client
If in wages, working conditions, social conditions, after the conclusion of the agreement by the government or unions changes both ATOG client the right to require complete setoff
Article 18: payment
Unless otherwise agreed, the client required the invoices of ATOG to meet, within 14 days after date of invoice without deduction of any discount, set-off is excluded with any claim on ATOG,.
If the client the invoice amount due on time, he is an interest to ATOG of 1 ¼% of the invoice amount for each month or part thereof that the payment is exceeded.
The state ATOG free the payment received on the outstanding charges, the interest due and the oldest outstanding invoices, even if client has indicated that a payment is not booked on a certain bill or from the amount transferred referred to shows that the principal intended to meet a specific invoice
If client is in default because a payment period expired, ATOG entitled to claim, without any further demand for payment being required. ATOG due amount in court
ATOG has the right to terminate all agreements concluded with the client if client fails to fulfill the obligation under an agreement concluded with ATOG and furthermore if client suspension of payment is granted, or if the client in a state of bankruptcy is declared or if the WSNP of the client application is declared.
Beyond the amount owed is ATOG client entitled to recover all costs that are caused by the non-payment of principal, the actual costs incurred for legal assistance as well as the extrajudicial collection costs. Extrajudicial collection costs are payable by the client in any case where ATOG has assured for the recovery of the help of a third party. It amounts to 12% of the amount claimed, being the invoice amount plus the accrued interest, and with a minimum of € 35, -.
Article 19: disputes and applicable law
Unless the parties to the dispute to arbitration might have subjected all disputes (including summary proceedings and for attachment) which may arise between the parties be brought before the civil court in the district in which is located ATOG exclusively to the extent that the civil court shall legally competent.
All disputes will be settled under Dutch law.
Sincerely,
A Touch of Green - Garden Webshop