DELIVERY BLOMSON INTERNATIONAL B.V.
Article 1 - Applicability
These conditions apply to all offers and contracts of sale, in which Blomson participates.
Of these conditions can only be deviated in writing.
Application of the invoked terms and conditions by the customer is distinctly rejected by Blomson. General or special conditions of the customer are excluded, in particular, even where those conditions would be imposed on payment, compensation or the right to pledge or transfer of claims from customers Blomson.
Article 2 - Offers / prices
All quotations, offers etc. from Blomson are free of obligations, all prices are exclusive of VAT; Blomson may make price changes to the time of delivery, with price changes of 10% or more the buyer has the right to cancel the contract.
Article 3 - Delivery
Delivery shall be franco home buyer, unless otherwise agreed.
The buyer is obliged to take the goods purchased at the time they are offered to him.
If the buyer refuses or fails to provide information or instructions necessary for the delivery, the goods will be stored at the expense and risk of the buyer.
Article 4 - Liability
For damage suffered by the customer due to failure tort or otherwise, Blomson is only liable if the damage is directly and solely caused by gross negligence or willful misconduct of Blomson.
If Blomson is liable for damages against the purchaser, this liability is limited to the invoice amount, or to the insured, or reasonably insurable part. For the uninsured, or reasonably uninsurable portion of damage, liability is expressly excluded.
Blomson is in no way responsible for any damage due to exceeding of deadlines, nor for consequential or indirect damages, including damages for lost profits or lost savings
Customer indemnifies Blomson against claims of third parties. Customer will never hold Blomson staff, third parties engaged by Blomson and employees of these third , liable.
Article 5 - Force Majeure
Force majeure means any circumstances beyond the direct influence of Blomson or any reasonably unforeseeable circumstances, which prevents to fulfill the obligations of a contract of Blomson temporarily or permanently. Such circumstances include: strikes in other companies than Blomson, wildcat strikes or political strikes in the business of Blomson, a general lack of raw materials and other materials for the realization of the agreed performance required goods or services, unforeseeable delays at suppliers or other third parties, which Blomson depends and general transport problems, restrictive government measures, mobilization, war, threat of war, whole or partial failure of third parties whose goods or services are received or lack of raw materials, intermediates, excipients and / or energy.
In case of force majeure Blomson has the right either to suspend the fulfillment of its obligations towards the client, or to have the agreement dissolved without judicial intervention and without any compensation, fully or partially, at the discretion of Blomson.
If Blomson, in case of force majeure, already has fulfilled its obligations partially, or Blomson can only fulfill its obligations partially, it is entitled to charge the work executed and/or executable part separately and the client is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the executable or already completed part has no independent value.
If Blomson, in case of force majeure, executes the temporarily suspended part of the agreement afterwards, the client is obligated to pay the whole output without any discount.
Article 6 - Delivery and partial deliveries
The delivery times specified by Blomson can be specified only approximate and should never be regarded as a deadline.
Blomson is entitled to deliver orders in sections and to declare these partial deliveries separately.
Article 7 - Premature termination of the agreement
1. The claims of Blomson against counterparty are immediately payable in the following cases:
- If after concluding the agreement, Blomson becomes acquainted with circumstances that imply that the buyer will not fulfill his obligations.
- If Blomson, at concluding the agreement, inquires the other party to provide security in connection with his payment capacity, and this security is not provided or is insufficient.
2. In the cases mentioned in paragraph 1 Blomson is authorized to suspend further implementation of the agreement, or to dissolve the agreement, without prejudice to the right of Blomson to claim damages.
Article 8 - Retention of title
The goods delivered remain the property of Blomson until the moment that the other party has paid the full purchase price and all obligations under the agreement with Blomson has met, under which obligations are also included:
Claims for breach of contract by the buyer.
Business delivered by Blomson, under the retention of title pursuant to paragraph 1, may only be sold within the framework of normal business. The buyer is not entitled to pledge or draw any other right on the goods.
If the buyer fails to fulfill his obligations or there is reasonable doubt that he will not fulfill his obligations, Blomson is entitled to remove delivered goods or let deliverd goods be removed, to which referred to in paragraph 1 retention of title to the purchaser or third parties is established.
The buyer is obliged to provide every assistance under penalty of a fine of 10% of the amount due per day.
If third parties wish to establish or assert any right to claim the goods delivered under retention of title, the buyer is obliged to inform them as soon as possible
As long as the goods delivered under retention of title are property of Blomson, Blomson is entitled to convince itself at any time of the condition of the goods. The buyer irrevocably authorizes Blomson be allowed to enter, where the goods are located.
Article 9 - Inspection Duty / Complaints
Counterparty must check whether the goods delivered correspond to the contract, on numbers, composition, packaging and the requirements for normal use to the goods to be sold.
When shortages or visible defects are detected, the purchaser must notify Blomson within eight days after delivery.
The buyer must notify not visible defects within eight days after discovery to Blomson, yet writing within three months after delivery.
Returns are only accepted if prior Blomson has provided authorization for return.
Shipping is - sufficient postage – to be made to the warehouse of Blomson in Haarlem.
Article 10 - Guarantee
As proof for the validation of a guarantee can only apply an invoice, dated and stating purchased items.
No warranty is given by:
- Products damaged by continued use of a faulty or defective part;
- Products of which the purchaser or end user / consumer has not followed the instructions on installation / assembly and maintenance;
- Products damaged by operating errors and / or accidents, as well as products which are damaged during shipment;
- Products that are treated improperly;
- Products onto which the purchaser or end user / consumer has made changes;
- Products that are subject to wear, such as sprockets, cassettes, brake pads, shoe soles, cleats, bearings bracket sets, pedals, hubs freewheel bodies, headsets etc;
- Products that are further removed than the state in which they are presented to the buyer by Blomson;
- Shoes and clothes that are already in such a state that, given the date of purchase, must be assumed that the user has treated these products careless;
- Parts that are sold to a second or subsequent user.
The cost of removing the defective case and mounting the repaired or replacement item will not be reimbursed by Blomson.
Blomson only deals with warranties / claims of its immediate customers. The end user / consumer must return matters with any defect or deficiency to the retailer from whom the goods were purchased. Warranty claims submitted by end users / consumers to Blomson without the intervention of a retailer will not be considered.
Article 11 – Payment
Payment must be made within 14 days of the invoice date, or otherwise, in the manner indicated on the invoice or through legal tender at the offices of Blomson. After the expiry of this period, the buyer is in default.
The buyer is due an interest of 1% per month from the moment of default on the amount.
Payment must be made without deduction or set-off.
Payments made by the purchaser will always be applied first to payment of all interest and costs and second to outstanding claims for the longest time, even if the buyer that the payment relates to a later invoice.
Article 12 - Collection costs
If the buyer defaults, the legal collection costs shall be passed on to the other party.
In the event of litigation, the other party is liable for all costs incurred by Blomson in conducting these procedures, if and insofar the other party in court is put in the wrong.
Article 13 - Jurisdiction and applicable law
Any agreement between Blomson and her party is governed by Dutch law.
