Terms & Conditions
Article 1 Validity of these terms and conditions
These terms and conditions apply to all agreements entered into by Divoza Ruitersport B.V., established in Leek, hereinafter referred to as Divoza. The assignment or order of the client shall be regarded as acceptance of the terms and conditions of Divoza. Special provisions deviating from the terms and conditions of Divoza shall only be binding if they have been agreed upon in writing.
Article 2 General terms and conditions of contracting parties and/or third parties
Divoza only accepts the applicability of general terms and conditions of contracting parties and/or third parties if they are expressly agreed upon in writing. However, any applicability of the aforementioned general terms and conditions shall not affect the applicability of Divoza's general terms and conditions, unless they are contrary to those general terms and conditions of contracting parties and/or third parties. General terms and conditions shall only be accepted by Divoza under the above conditions and shall only apply to the intended transaction. Subsequent transactions will not automatically be handled again through those purchase conditions.
Article 3 Special offers
All offers and/or quotations are without obligation, unless explicitly stated otherwise. The prices stated are valid for delivery ex Divoza's company or warehouse, exclusive of turnover tax and exclusive of packaging. Data in printed matter provided by Divoza are subject to change without prior notice; they do not bind Divoza.
Article 4 Arrangements
Arrangements or agreements with subordinate members of Divoza's personnel shall not bind him insofar as they have not been confirmed by Divoza in writing. In this connection, all employees and staff members who do not have power of attorney are to be considered subordinate personnel.
Article 5 Contract
The agreement of purchase and sale of goods shall only become binding for Divoza by its written confirmation. Every agreement entered into with Divoza contains the resolutive condition that sufficient creditworthiness of the client will be evident to Divoza, such exclusively at its discretion. Client shall allow Divoza to request information about him if necessary. Information regarding the items on offer such as characteristics, sizes, color, etc., as well as information in printed matter, drawings, images, etc. provided by Divoza with the offers, shall be for him only.
Article 6 Prices
All agreements are always concluded on the basis of the prices applicable at the time of conclusion. Price lists and advertising materials are subject to change and are not binding to Divoza. If after the agreement, the prices of wages, social security charges, sales tax and the like undergo increases, even if these occur as a result of circumstances that could have been foreseen at the time of the offer, they may be passed on. If the price fluctuations exceed 5% of the agreed transaction, both parties shall be entitled to demand full settlement.
Article 7 Partial delivery
Any partial delivery,including delivery of goods of a composite order, may be invoiced; in such a case, payment must be made in accordance with
the provisions of Article "Payment".
Article 8 Packaging
If necessary, packaging will be charged at cost and not taken back. The necessity of using packaging is at Divoza's discretion.
Article 9 Deposit
Divoza has the right to require a down payment of at least 50% when entering into the agreement. If the agreement is dissolved due to an attributable shortcoming in the fulfillment on the part of Divoza, the client shall have the right to repayment of the down payment made, in addition to compensation for damages, as further arranged in these terms and conditions, of which in any case the legal interest on the amount paid in advance by the client forms part.
Article 10 Shipment
If the client wishes to receive a shipment in a different manner, for example by express delivery, he shall bear the additional costs related to this. Return shipment costs are always at the expense and risk of the sender unless otherwise agreed.
Article 11 Delivery times
De overeengekomen leveringstermijnen zijn geen fatale termijnen, tenzij uitdrukkelijk anders is overeengekomen. Bij niet tijdige levering dient de opdrachtgever Divoza schriftelijk ingebreke te stellen. De leveringstermijnen zijn vastgesteld in de verwachting dat er geen beletselen voor Divoza zijn de goederen te leveren. Wanneer bestelde of ter reparatie aangeboden goederen, na het verstrijken van de leveringstermijn niet door de opdrachtgever zijn afgenomen, staan die goederen maximaal één maand voor zijn rekening en risico te zijner beschikking opgeslagen.
Article 12 Additional and less work
The work includes only that which has been agreed upon between the parties in writing. Additional and less work ordered verbally or in writing before or during execution of the work shall be eligible for settlement. Costs to be incurred by Divoza that find their cause through no fault of its own may be charged to the client. The applicability of the provisions of article 7A:1646 of the Dutch Civil Code is expressly excluded.
Article 13 Modification of the assignment
Changes to the original order, of whatever nature, made orally or in writing by or on behalf of the client, which cause higher costs than could have been anticipated in the quotation, will be charged to the client. If changes in the execution of the order are requested by the client after the order has been given, the client must have notified Divoza of these changes in time and in writing. Changes made may result in the delivery time agreed upon for the changes being exceeded by Divoza beyond its responsibility.
Article 14 Cancellation
Indien de opdrachtgever de opdracht annuleert en/of de goederen weigert af te nemen, is hij verplicht de door Divoza reeds aangeschafte materialen en grondstoffen, al dan niet be- of verwerkt tegen de kostende prijs, inclusief lonen en sociale lasten, over te nemen. Opdrachtgever zal eveneens aan Divoza als schadeloosstelling verschuldigd zijn het bedrag van 1/3 van de overeengekomen prijs. Opdrachtgever is voorts verplicht Divoza te vrijwaren tegen vorderingen van derden als gevolg van de annulering van de opdracht en/of weigering van de goederen. Onverminderd het vermelde in het vorige lid van dit artikel behoudt Divoza zich alle rechten voor om volledige nakoming van de overeenkomst en/of volledige schadevergoeding te vorderen.
Article 15 Advertising
The client is obliged, immediately after delivery of the goods, to inspect them thoroughly for defects and, if any are present, to inform Divoza immediately in writing. If the client does not inform Divoza of defects within 8 days after the day of delivery, which could have been detected upon thorough examination, the client shall be considered to agree with the state in which the purchased goods have been delivered, and any right to complain shall expire. Divoza must be given the opportunity to check submitted complaints. In case of agreement, a written statement will be drawn up, to be signed by both parties. Should the parties be unable to reach agreement, an independent expert will be called in. The costs of these experts shall be borne by the party ruled against, unless otherwise agreed. If, in the opinion of Divoza or the independent expert, the complaint is correct, he shall either pay fair compensation up to a maximum of the invoice value of the delivered goods, or replace the delivered goods free of charge after returning them in their original condition.
Article 16 Warranty
For a further agreed period after delivery, Divoza shall give the client a written guarantee for material and manufacturing faults that arise during normal use. Divoza's guarantee shall not apply if the faults are the result of injudicious use, of causes other than material and manufacturing faults or if Divoza delivers used material or used goods after consultation with the client. No guarantee is given on zippers and laces. For all goods and materials that Divoza does not manufacture itself, it shall never give more guarantee than is given to it by its supplier. Guarantee is only given on delivered materials, but not on wages or hours, these will be charged. For sold and delivered goods with a manufacturer's or importer's or wholesaler's guarantee, only the guarantee provisions set by these suppliers apply.
Article 17 Right of retention
When Divoza has goods of the client in its possession, it shall have the right to retain these goods until payment of all costs it has incurred in the execution of the order, unless the client has provided adequate security for these costs. Divoza shall also have this right of retention with respect to previous agreements that the client still owes.
Article 18 Liability
Divoza is not liable for any costs, damages and interest that may arise as a direct or indirect result of:
a ] Force majeure, as further defined in these terms and conditions;
b ] Daden of nalatigheden van de opdrachtgever, zijn ondergeschikten, dan wel andere personen die door of vanwege hem te werk zijn gesteld;
c ] Negligence of the client in the maintenance of the delivered items;
d ] Normal wear and tear on the delivered items as a result of daily use;
e ] Discoloration of the delivered items due to the effect of light;
f ] Any other external cause.
Divoza shall only be liable, insofar as its insurance covers this, or up to a maximum of the invoice value, for damage to the work, accessories, materials and equipment, as well as to the work and/or property of the client and/or third parties, insofar as caused by Divoza's fault or that of those who have been put to work by Divoza. In principle, Divoza shall not be obliged to compensate business and/or consequential damage suffered by a client, depending on the nature of the fault.
Article 19 Force majeure
Buitengewone omstandigheden, zoals o.a. stormschade en andere natuurrampen, belemmering door derden, belemmering in het vervoer in het algemeen, gehele of gedeeltelijke werkstakingen, oproer, oorlog of oorlogsgevaar zowel hier te lande als in het land van herkomst van de materialen, uitsluitingen, verlies of beschadiging van goederen bij transport naar Divoza of de opdrachtgever, niet of niet tijdige levering van goederen door leveranciers van Divoza, ex- en importverboden, gehele of gedeeltelijke mobilisatie, belemmerende maatregelen van enige overheid, brand, storingen en ongevallen in het bedrijf of in de middelen van vervoer van Divoza, dan wel in de middelen van vervoer van derden, het opleggen van heffingen of andere overheidsmaatregelen, die een wijziging in de feitelijke omstandigheden meebrengen, leveren voor Divoza overmacht op, die hem ontheffen van zijn verplichting tot levering zonder dat de opdrachtgever enigerlei recht op schadevergoeding van welke aard of hoe ook genaamd kan doen gelden. Divoza is in deze of dergelijke gevallen gerechtigd, zulks geheel te zijner eigen beoordeling om de koopovereenkomst te annuleren of deze op te schorten, respectievelijk te wijzigen, totdat de buitengewone omstandigheden hebben opgehouden te bestaan.
Article 20 Ownership retention
As long as Divoza has not received full payment regarding an agreement of the parties regarding the purchase/sale, the delivered goods shall remain the property of Divoza. Divoza shall have the right to reclaim and take possession of these goods if the defaulting client does not comply with its obligations, if it goes into liquidation, applies for or has been granted a moratorium, is declared bankrupt or if the goods are seized. All acts of disposition with respect to the sold and delivered goods, the client is prohibited, as long as he has not fulfilled his payment obligations.
Article 21 Default and termination
If the client commits non-performance in any way, he shall be in default without any notice of default being required. Without prejudice to the provisions of the Civil Code, Divoza shall, in case of default, have the right to suspend the agreement entered into, to consider it as dissolved entirely or partially without judicial intervention, such at its discretion. Divoza shall also have the rights mentioned in paragraph 2 of this article if the client is declared bankrupt or bankruptcy is applied for, if he has applied for or obtained a moratorium, his immovable property has been seized, his company has gone into liquidation or has been or will be taken over by a third party or third parties, or if he has the intention to leave the Netherlands permanently. In all these cases, all claims Divoza has on the client shall be immediately due and payable.
Article 22 Payment
Payment shall be made in cash after submission of the invoice, unless otherwise agreed in writing. Divoza has the right, if the payment of the amount due has not been received by him within the specified period, to charge the client an interest of 1.25% per month, calculated from the date of sending the invoices. Divoza shall furthermore have the right to claim from the client all costs, both judicial and extrajudicial, caused by the non-payment,including the costs of lawyer, procurator, agent, bailiff and collection agency. The extrajudicial costs shall be 15% of the principal amount plus interest, with a minimum of 75.00 Euro.The extrajudicial costs shall also be increased with all costs for legal advice and assistance. The mere fact that Divoza has secured the assistance of a third party demonstrates the size and obligation to pay the extrajudicial costs. VVV-card and Fashioncheque up to a maximum of 50 euros per order. If the order is returned, you will receive a Divoza Gift Certificate.
Article 23 Applicable law
All agreements concluded and/or acts performed by Divoza are governed exclusively by Dutch law: these agreements and/or acts are deemed to have been concluded and/or performed in the Netherlands.
Article 24 Disputes
All disputes arising from the agreements concluded between the parties, including the mere collection of the amount due, shall be brought before the Civil Court of Divoza's domicile or place of business, if Divoza so desires, insofar as the Civil Court is legally competent to do so.