General Terms and Conditions
- Maxifleur BV
- Rietwijkerdwarsweg 4
- 1432 JD Aalsmeer
- The Netherlands
- Camber of Commerce Number: 243.78.725
- VAT Number: NL8144.72.709B01
- Hereinafter referred to as Maxifleur
Article 1 - General
- These terms and conditions apply to all our offers, agreements and deliveries; Notwithstanding these conditions is possible only if expressly agreed in writing.
- Conditions of contracting parties are not accepted and do not apply unless expressly agreed in writing.
Article 2 - Offers and agreements
- All our offers are without obligation or - if a deadline is set - only binding for the said period.
- Contracts for the supply of goods and / or services on our part only take effect after written confirmation by us.
- Article 2.2 shall also apply to all agreements and offers entered into and carried out by our agents, representatives, intermediaries and / or distributors.
- Given sizes, weights, etc. are as accurate as possible; small differences in the performance we reserve for.
- The content of our written confirmation is binding for our party, unless within eight days after sending its accuracy in writing contests.
Article 3 - Prices
- Unless otherwise agreed, our prices are exclusive of VAT.
- Increases occurred after our promotions, wages, social security, commodity, foreign exchange rates, government taxes (notably tax), freight and / or customs tariffs will be passed on to the other party for those goods, which at the time of the initiation of that increase still to be delivered by us.
Article 4 - Delivery, delivery dates and conditions
- Unless otherwise agreed, delivery of articles from the internet shop with a total order value exceeds £ 100.00 including VAT will be free delivery. Below this amount shipping costs are £ 7.95
- For all larger shipments and shipments sent by pallet will be charged with an amount of £ 49,95. This amount determined by Maxifleur can be found on the Internet page send Maxifleur-Artificial-Plants.co.uk under the section.
- All goods travel at the expense and risk of the buyer.
- Delivered from our warehouse, then delivery takes place by making available in our warehouse the goods to the buyer; reduction must be made within 30 days after it is communicated to the buyer that the goods are ready. If not removed in time, the buyer is after three days after delivery of our written warning in default by the mere lapse of time without notice is necessary. We are entitled to cancel the contract for the part not yet executed without judicial intervention by simple communication, without prejudice to our right to compensation.
- Our delivery times are not binding. Exceeding the delivery the client will never give right to any compensation, to dissolve the contract or non-fulfillment of any obligation for it from this or any other agreement associated with this contract may arise; nor shall the client; pursuant to an authorization by judicial intervention work to be done to implement the agreement itself or by a third party to do so or to arrange for.
- When the delivery should take place in installments, each delivery as a separate transaction will be considered with all the legal consequences.
- Cases of force majeure in particular seizures of any kind and for any reason whatsoever, disruptions in the company and / or delivery, lack of fuel, as well as all other unforeseen events sellers warehouse at the company where the seller's goods or raw materials involves - and the railways, any other transportation obstacle or - delay and non-delivery of the goods by our suppliers, labor strikes and lockouts, export and import bans and / or restrictions on imports, fire or accidents, mobilisation, war, riots or mandatory laws, give the seller the right to cancel its delivery obligations in whole or in part, permanently or temporarily or later to run and extend in case of decrease in installments, the term decrease with time of failure.
Article 5 - Extended retention
- The goods delivered by us remain our property until the buyer has fulfilled all claims which we might have against the customer on any grounds whatsoever, including any interest and costs.
- IAs long as we own the goods the customer is not authorised to pledge the goods to third parties or their ownership transfer than in accordance with its normal business or the normal destination of the goods. If and if the customer does not or does not fulfill its payment obligations, we are irrevocably authorised by the buyer, without notice or judicial intervention to take back the delivered.
- If a third straight on the goods wants to exercise, as long as they are still our property, the other party is obliged to inform us thereof without delay.
- Full payment referred to in paragraph 1 may only be the case if the amount is received by us. Issuing bills of exchange or other commercial paper, debit overdraft or otherwise, can therefore not be considered as payment.
Article 6 - Payment
- Payment must be made through a bank transfer in advance, payment by the Ideal payment system in which most banks are located, credit card (PaySquare SE) or cash on shipments sent COD.
- Non-payment of an invoice by the due date, by operation of law due to demand immediate payment of all amounts payable by the purchaser, including those arising under any other bills.
- Payments are used primarily to cover costs and interest and only then to extend coverage for the deliveries which have occurred, provided that such payments are always offset against the oldest invoices.
- Notwithstanding the foregoing, we retain at all times the right to demand payment on delivery or guarantee for payment of other current orders to require, in particular where in the opinion of the seller's credit to the buyer is too high.
- In extrajudicial collection, the other party besides the principal and interest, 15% collection costs on the outstanding principal amount owed plus the VAT.
- In court recovery, including bankruptcy, the other party in addition to the legal costs will also continue to pay the interest and extrajudicial costs.
- If the buyer fails to pay and also if he is declared bankrupt, suspension of payments his company sells or liquidates or if seized one or more of its goods, we can suspend our delivery obligation or contract still unexecuted part by canceling simple communications, without prejudice to our right to performance or damages. We reserve the right to ask for during the course of the contract security for payment and, if not for our pleasure is provided to suspend delivery until the security is provided.
Article 7 - Commercials
- Complaints due to incomplete delivery because of obvious defects in goods shall immediately, but no later than eight days after delivery of the goods in writing communicated to us, failing which complaints can no longer be considered and our warranty obligations regarding maturing defects.
- The advertising right expires once the goods further processing, assembly or installation have undergone, or are stored improperly.
- If the complaints are not in accordance with the submitted listed under point 7.1, or if we are not enabled the material which complained is to investigate, any right in respect of advertising and / or guarantee.
- Advertising gives the other party the right to refuse receipt or payment of the goods then put it out.
- Any right to complain shall lapse if a half year has passed since the receipt of the goods.
- A buyer who does not comply processed any obligations under the agreement concluded with us are therefore right to complain.
Article 8 - Liability
- If the goods delivered by us are defective or faulty, we will, at our discretion, proceed to replace the factory or to pay damages up to the invoice value of the goods, if and when our suppliers to do so towards us willing and able turn out to be.
- If allowed to show a lack of goods supplied by us, we are also liable for the damage that a buyer might incur as a result thereof, unless:
- We did not put the product into circulation;
- The view of the circumstances, it is probable that the defect which caused the damage did not exist at the time when we put the product into circulation or that the defect came into being afterwards;
- The product neither for sale, or any other form of distribution for economic purpose of our manufactured nor manufactured or distributed as part of the exercise of our profession or business;
- The flaw is due to the fact that the product complies with mandatory government regulations;
- Damage caused by death or bodily injury;
- Damage caused by the product to another thing, which usually for use or consumption in the private sphere is intended and the buyer also is used mainly in the private sphere or consumed, with a lower threshold amounting to £ 573.00.
Article 9 - Disputes
- All disputes, including that which only one of the parties be considered as such, will be settled by the ordinary courts in the Netherlands.
Article 10 - Right of withdrawal
- Maxifleur (in addition to the entrepreneur) reimburse all payments from the consumer immediately but within 14 days after the day on which the consumer notifies him of the revocation.
- Unless the trader offers to collect the product, he may wait to return until he has received the product or demonstrates to the consumer that he has returned the product, whichever is the earlier.
- The entrepreneur used to repay the same card that the consumer, unless the consumer agrees to a different method. The reimbursement is free for the consumer.