On all offers, orders, agreements as well as all legal acts, deliveries and work, any advice, including future legal relations, performed by or with Suzanne Steeghs Productions these General Terms and Conditions (hereinafter: Terms and Conditions) apply. General terms and conditions of the contract partner shall not become part of the agreement unless expressly confirmed in writing. Deviations and additions to these Terms and Conditions must be expressly agreed upon. The other party cannot derive any rights for future transactions from any agreed deviations.
Table of Contents:
- Article 1 – Definitions.
- Article 2 – Identity of the company
- Article 3 – Applicability
- Article 4 – Reasonableness and Fairness
- Article 5 – The offer
- Article 6 – The agreement
- Article 7 – The price
- Article 8 – Delivery
- Article 9 – Delivery Period
- Article 10 – Samples and Examples
- Article 11 – Change in the goods to be delivered
- Article 12 – Termination of the agreement between the parties
- Article 13 – Warranty
- Article 14 – Liability
- Article 15 – Force majeure
- Article 16 – Retention of title
- Article 17 – Defects and complaint periods
- Article 18 – Return
- Article 19 – Cancellation
- Article 20 – Competent court
- Article 21 – Applicable law
- Article 22 – Modification of the terms and conditions
Article 1 – Definition.
In these terms and conditions, the following definitions shall apply:
Reseller: the other party who is a natural person and/or legal entity and acts in the capacity of buyer of Suzanne Steeghs Productions, running a pet store, webshop or breeding farm, in the broadest sense of the word, hereinafter referred to as ‘buyer’.
Article 2 – Identity of the company
Suzanne Steeghs Productions BV
Pietersbergseweg 54
6862 BW Oosterbeek
Contact:
- info@suzannesteeghs.nl
- Suzanne +31 (0) 6 153 45 461
Details:
Chamber of Commerce number 91636205
BTW-identificatienummer: NL004905594B53
Rekeningnummer: NLINGB0102793549
Article 3 – Applicability
These terms and conditions apply to every offer and every agreement between Suzanne Steeghs Productions and the purchaser. These terms and conditions have been declared applicable by Suzanne Steeghs Productions and the purchaser, through publication.
Article 4- Reasonableness and fairness
4.1. To the relationship between Suzanne Steeghs Productions and the Buyer, the requirements of reasonableness and fairness shall apply. The parties shall behave towards each other in accordance with the requirements of reasonableness and fairness.
4.2. The parties will communicate with each other in an open and honest manner. Parties both realize that they both have an interest in the highest possible sale by the buyer to consumers. Accordingly, both parties will conduct themselves in such a way that this interest is served.
4.3. The parties will – during their legal relationship and possibly after its termination – always speak positively about each other and Suzanne Steeghs Productions’ products.
Article 5 – The offer
5.1. The offers made by Suzanne Steeghs Productions are without obligation; they are valid for 14 days, unless otherwise indicated, as in the case of fresh products. The prices stated in an offer are exclusive of VAT, unless otherwise indicated.
5.2. Offers made by Suzanne Steeghs Productions are accepted by placing orders: in writing (by mail or email) electronically (via website) or orally (e.g. by telephone), followed by payment of the products. Suzanne Steeghs Productions is not obliged to deliver at a stated price if it is clear that this price is based on a clerical error.
Article 6 – The Agreement
6.1. When the purchaser places an order through the website Isuzannesteeghs.nl, the agreement with Suzanne Steeghs Productions is only concluded after Suzanne Steeghs Productions 1) has confirmed receipt of the order to the purchaser and 2) has confirmed in writing that the goods will be sent. The communication that the goods are being sent is therefore deemed to be the moment of the formation of the contract between Suzanne Steeghs Productions and the purchaser.
6.2. Suzanne Steeghs Productions is entitled to refuse orders or to attach certain conditions to the delivery. If an order is not accepted, Suzanne Steeghs Productions shall notify the purchaser within 5 working days of receipt of the order.
6.3 Obvious mistakes or obvious errors in the offer shall not bind Suzanne Steeghs Productions.
6.4 If the Purchaser has accepted the offer electronically, Suzanne Steeghs Productions shall confirm receipt of the order electronically without delay. If the order is accepted, Suzanne Steeghs Productions shall confirm shipment of the products ordered.
6.5. If the agreement is concluded electronically, Suzanne Steeghs Productions shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the Buyer can pay electronically, the company will observe appropriate security measures for this purpose.
6.6. The parties will not comment to third parties on the content of the agreement concluded between them.
Article 7 – The Price
7.1. If Suzanne Steeghs Productions agrees a certain price with the purchaser, it is nevertheless entitled to increase the price. Suzanne Steeghs Productions may charge the price applicable at the time of delivery, according to its price list valid at that time. In the event of price increases, Suzanne Steeghs Productions shall inform the purchaser thereof if possible prior to delivery.
7.2. The prices mentioned in the offer of products or services are exclusive of VAT and other government levies and exclusive of shipping costs.
7.3. All prices on the site are subject to human error. Even in the event of technical errors or malfunctions, Suzanne Steeghs Productions is not bound by the prices listed on the website. The price list valid at that time is always leading.
7.4. Shipping costs in the Netherlands are € 0.00. For shipping to other countries we charge €50 ex VAT.
Article 8 – Delivery
8.1. Unless otherwise agreed, delivery shall be made according to the packing slip to the buyer.
8.2. The buyer is obliged to take delivery of the purchased goods at the moment they are delivered to him/her or at the moment they are made available to him/her according to the agreement.
8.3. If the buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the goods will be stored at the expense and risk of the buyer. The other party shall in that case owe all additional costs, including in any case storage costs.
8.4. The risk for the products shall pass to the buyer upon delivery or at the time that the buyer refuses to take delivery, or it is impossible to deliver at the scheduled date and time due to the buyer’s actions. In the case of article 8.3, damage caused during storage will be entirely at the buyer’s expense and risk.
Article 9 – Delivery time
9.1. The delivery of products takes place while stocks last. If stock is exhausted, Suzanne Steeghs Productions will inform the purchaser of this. No compensation should ever be paid because the stock is exhausted.
9.2. An agreed delivery time is not a deadline, unless expressly agreed otherwise. Delays in delivery/delivery, insofar as these remain within reasonable limits, shall not be a reason for Buyer to dissolve the contract.
9.2. Suzanne Steeghs Productions is permitted to deliver sold goods in parts. If possible, Suzanne Steeghs Productions will inform the purchaser in advance in the event of partial deliveries.
Article 10 – Samples and examples
If a sample or example is shown or provided by Suzanne Steeghs Productions, it is presumed to have been shown or provided only by way of indication; the qualities of the goods to be delivered may deviate from the sample or example, unless it was expressly stated that delivery would be in accordance with the sample or example shown or provided. Minor commercial or technical unavoidable variations in colors and sizes are reserved.
Article 11 – Changes in the goods to be delivered
11.1. Suzanne Steeghs Productions is authorized to deliver items that differ from those in the purchase agreement, provided that the items do not differ substantially. For example, a new packaging or different EAN number.
11.2. If the delivered item differs substantially from the agreement, Buyer has the right to rescind the agreement without cost. The buyer has this right for 5 days after he or she discovers or could reasonably have discovered the deviation. For fresh products, the buyer shall only have the option of dissolution immediately after delivery if the item deviates substantially.
Article 12 – Termination of the agreement between the parties.
12.1. If circumstances arise in respect of persons and/or material which Suzanne Steeghs Productions uses or tends to use in the performance of the contract, which are of such a nature that the performance of the contract becomes impossible or so problematic and/or disproportionately expensive that performance of the contract can no longer reasonably be required, Suzanne Steeghs Productions will be entitled to dissolve the contract, without owing damages or compensation.
12.2. Suzanne Steeghs Productions’ products have a certain quality and appearance and should be presented by the Buyer in a similar manner. If Suzanne Steeghs Productions does not agree with the manner in which the Buyer presents the products to consumers, Suzanne Steeghs Productions is entitled to terminate the agreement with the Buyer with immediate effect.
12.3. Suzanne Steeghs Productions is always entitled to terminate the agreement with the Buyer unilaterally, provided it gives reasonable notice of two months.
Article 13 – Warranty
13.1. Suzanne Steeghs Productions warrants – subject, however, to article 14 of these terms and conditions – to the purchaser that the goods sold by her meet the quality requirements known and/or customary between the parties for a reasonable period, varying per product.
13.2. Not covered by the warranty are: daily fresh products and/or products generally related to fresh requirements. All fresh requirements are entirely the responsibility of the Buyer, after delivery.
13.3. The buyer must demonstrate that the item has a defect within the warranty period that makes this warranty valid. The warranty is void if any relevant type or serial number or batch number of an item has been removed or altered.
13.4. If the guarantee referred to in paragraph 1 applies and the item shows a defect, Suzanne Steeghs Productions shall be obliged to repair or replace the item – at Suzanne Steeghs Productions’ discretion – within fourteen days of the Buyer notifying it of the defect.
13.5. The buyer may only claim replacement of the item or dissolution of the purchase agreement if: – the seller has twice unsuccessfully attempted to repair the same defect and this defect is sufficiently serious to justify replacement or dissolution, or – if the buyer proves that the item is or has been so defective that it does not comply with the contract and that these defects justify replacement or dissolution.
13.6. The warranty shall lapse if the buyer causes the damage by improper handling of a guaranteed item.
Article 14 – Liability
14.1. The liability for defects in goods delivered shall be as regulated in these terms and conditions.
14.2. Suzanne Steeghs Productions is not the manufacturer of the products she sells. Suzanne Steeghs Productions therefore has no product liability. Only if the guarantee obligations in respect of the products supplied by the company have not been assumed by third parties, such as manufacturers, may the consumer assert claims against Suzanne Steeghs Productions, provided that the damage suffered by the consumer is directly and exclusively the result of fault on the part of Suzanne Steeghs Productions.
14.3. Suzanne Steeghs Productions cannot in any way be held liable by the consumer for damage of any nature whatsoever and suffered by whomever, arising from or in connection with products supplied by Suzanne Steeghs Productions, but manufactured by a third party, albeit that the company will provide the consumer with the necessary information to seek recourse against that third party if possible.
14.4 The above limitations shall not apply if the damage is due to intent or demonstrable gross negligence on the part of Suzanne Steeghs Productions.
Article 15- Force majeure
15.1. Force majeure shall mean: circumstances which prevent performance of the obligation and which cannot be attributed to Suzanne Steeghs Productions. These shall include (if and insofar as these circumstances make performance impossible or unreasonably difficult):
- Strikes in the company of Suzanne Steeghs Productions;
- Strikes in the companies of the producers of the products sold by Suzanne Steeghs Productions;
- A general lack of necessary (fresh) products and other items or services required for the realization of the agreed performance;
- Unforeseen stagnations at suppliers or other third parties on which Suzanne Steeghs Productions depends and general transport problems
- pandemics.
15.2.Suzanne Steeghs Productions shall also be entitled to invoke force majeure if the circumstance preventing (further) performance occurs after it should have fulfilled its obligation.
15.3. During force majeure, the delivery and other obligations of Suzanne Steeghs Productions are suspended. If the period in which fulfilment of the obligations by Suzanne Steeghs Productions is not possible due to force majeure lasts longer than 1 month, both parties will be entitled to dissolve the contract of sale in the matter, without there being any obligation to pay compensation in that case.
Article 16 – Retention of title
16.1. Buyers must pay for the products they have purchased in advance. Ownership of the products is transferred at the time of delivery.
16.2. In case the parties agree otherwise in individual cases, a retention of title shall apply. The goods delivered by Suzanne Steeghs Productions shall remain its property until the Buyer has complied with all the following obligations under the purchase agreements concluded:
- the consideration(s) relating to the item(s) delivered or to be delivered itself, the consideration(s) relating to the purchase agreement(s)
- any claims for non-performance by the buyer of the purchase agreement(s).
Article 17 – Defects and complaint periods.
17.1. The buyer must examine the purchased goods or have them examined as soon as possible after delivery. Hereby the buyer must check whether the delivered goods comply with the agreement, namely:
- Whether the correct goods have been delivered;
- Whether the goods delivered correspond to the agreed quantity (e.g. the number and the amount);
- whether the delivered goods meet the agreed quality requirements or -if these are lacking- the requirements that may be set for normal use and/or commercial purposes.
17.2. If visible defects or shortages are found, the purchaser must notify Suzanne Steeghs Productions in writing immediately in the case of fresh products and after 2 days in all other cases following delivery.
17.3. Non-visible defects must be reported in writing to Suzanne Steeghs Productions by the Buyer immediately in the case of fresh products and within 2 days after discovery in all other cases, but at the latest within 8 days after delivery.
17.4. Even if the other party complains in good time, his/her obligation to pay and take delivery of orders made shall continue to exist.
Article 18 – Return
Items can only be returned to Suzanne Steeghs Productions after prior written consent.
Article 19 – Cancellation
If a buyer wishes to cancel an order, contact info@suzannesteeghs.nl.
Article 20 – Competent court
Contrary to the legal rules for the competence of the civil court, any dispute between purchaser and vendor, in case the court is competent, will be settled by the District Court of Arnhem. However, Suzanne Steeghs Productions remains competent to summon the purchaser to appear before another court which has jurisdiction according to the law or an applicable international treaty.
Article 21 – Applicable law
Any agreement between Suzanne Steeghs Productions and the purchaser shall be governed by Dutch law.
Article 22 – Amendments to the terms and conditions
Suzanne Steeghs Productions is entitled to make amendments to these terms and conditions.