|TERMS OF DELIVERY|
These are the General Terms and Conditions of Your Well, located in Hellevoetsluis. This version is valid from 1 January 2019.
Article 1. Applicability
1.1 These General Terms and Conditions apply to all offers, orders and agreements of Your Well.
1.2 Accepting an offer or placing an order means that you accept the applicability of these Conditions.
1.3 The provisions in these Conditions can only be deviated from in writing, in which case the other provisions will remain in full force.
1.4 All rights and claims, as stipulated in these Conditions and in any further agreements for Your Well, are also stipulated for the benefit of intermediaries and other third parties engaged by Your Well.
Article 2. Offers / agreements
2.1 All offers from Your Well are without obligation and Your Well expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations. See also article 3.6.
2.2 An agreement is only concluded after acceptance of your order by Your Well. Your Well is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Your Well will notify this within ten (10) working days after receipt of the order.
Article 3. Prices and payments
3.1 The prices for the products and services offered are in Euro, including VAT and excluding handling and shipping costs, any taxes or other levies, unless stated otherwise or agreed in writing.
3.2 Payment must be made without discount or compensation within fourteen (14) days after the invoice date if it concerns deliveries within the Netherlands, and within twenty one (21) days after the invoice date if it concerns deliveries outside the Netherlands, unless otherwise agreed in writing.
3.3 Payment can be made by giro, advance payment or upon receipt (by cash on delivery). When paying by bank or giro, the date of payment is the date on which your Well's giro or bank account is credited.
3.4 If the payment term is exceeded, you will be in default from the day that payment should have been made and from that day you will owe default interest of 1% per month or part of a month on the outstanding amount. If payment is made after a reminder by Your Well you owe an amount of twenty-five euros (€ 25.00) in administration costs and if Your Well outsources its claim for collection, you also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to Your Well's authority to claim the actually incurred extrajudicial collection costs instead.
3.5 If you are in default with any payment, Your Well is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements.
3.6 If the prices for the products and services offered increase in the period between the order and the execution thereof, you are entitled to cancel the order or dissolve the agreement within ten (10) days after notification of the price increase by Your Well.
Article 4. Delivery
4.1 The delivery times specified by Your Well are only indicative. Exceeding any delivery term does not entitle you to compensation or the right to cancel your order or dissolve the agreement, unless the exceeding of the delivery term is such that you cannot reasonably be expected to keep the agreement in place. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary.
4.2 The delivery of the products takes place at the place and time when the products are ready for shipment to you.
Article 5. Retention of title
5.1 The ownership of the delivered products will only transfer if you have paid all that you owe to Your Well under any agreement. The risk with regard to the products already transfers to you at the time of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products supplied by Your Well.
6.2 Your Well does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and / or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 You have the obligation to check on delivery whether the products meet the agreement. If this is not the case, you must notify Your Well of this as soon as possible and in any event within seven (7) working days after delivery, at least after discovery was reasonably possible, by letter or email and with motivation.
7.2 If it has been demonstrated that the products do not comply with the agreement, Your Well has the choice to replace the products in question by returning new products or to refund the invoice value thereof.
7.3 If you do not wish to purchase a product for any reason, you as a private individual have the right to return the product to Your Well within seven (7) working days after delivery. Returns are only accepted in this case if the packaging of the product is undamaged, while the costs for returns are also for your account.
Article 8. Guarantee
8.1 If Your Well delivers products to the customer, Your Well is never bound to a more extensive guarantee with regard to the customer than to which Your Well can claim against its supplier. Warranty period will always be clearly indicated on the invoice.
Complaints due to externally visible defects must be submitted in writing by the client in accordance with the contract conditions, but no later than seven (7) days after receipt of the goods. A period of thirty (30) days applies to Consumers. Complaints received by Your Well after the expiry of this period do not need to be handled by Your Well.
Article 9. Orders / communication
9.1 For misunderstandings, mutilations, delays or improper delivery of orders and communications as a result of the use of the Internet or any other means of communication in traffic between you and Your Well, or between Your Well and third parties, insofar as related to the relationship Your Well is not liable between you and Your Well, unless and insofar as Your Well has been intentionally or grossly neglected.
Article 10. Force majeure
10.1 Without prejudice to the other rights vested in it, Your Well has the right, in the event of force majeure, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, at your own discretion, by informing you in writing. and this without Your Well being obliged to pay any compensation, unless this would be unacceptable in the circumstances given the standards of reasonableness and fairness.
10.2 Force majeure means any shortcoming that cannot be attributed to Your Well, because it is not due to its fault and is not for its account under the law, legal act or prevailing views.
Article 11. Miscellaneous
11.1 If you provide an address in writing to Your Well, Your Well is entitled to send all orders to that address, unless you provide Your Well in writing with a different address to which your orders must be sent.
11.2 If Your Well allows deviations from these Conditions, whether or not tacitly, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these Conditions. You can never assert any right on the grounds that Your Well applies these Conditions smoothly.
11.3 If one or more of the provisions of these Conditions or any other agreement with Your Well conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible one to be determined by Your Well. comparable provision.
11.4 Your Well is authorized to use third parties for the execution of your order (s).
Article 12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.
12.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.