GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF THE VERENIGING PLATFORM PROMOTIONAL PRODUCTS HAVING ITS REGISTERED OFFICE IN AMSTERDAM AND PLACE OF BUSINESS IN (2585 EV) THE HAGUE AT BANKAPLEIN 1A (Registered at the Chamber of Commerce in Amsterdam under number 34179289)
Article 1. Definitions
In these General Terms and Conditions the following terms shall be defined as follows:
. Customer: any person or entity ordering Products from the Supplier and/or with whom the Supplier is discussing or negotiating the conclusion of an Agreement;
. Defect: any fault in the Products in deviation of the Specification and any other improper functioning of the Products;
. Term of delivery: the term by which the Products must be delivered, as laid down in the Agreement;
. Supplier: the user of these General Terms and Conditions, i.e. the members of the Vereniging Platform Promotional Products having a (pre-)contractual relationship with the Customer;
. Order: any instruction from the Customer to the Supplier for the delivery of Products, regardless of its form;
. Agreement: any agreement made between the Supplier and the Customer, any amendment thereof or addition thereto, as well as any and all (legal) acts in to the preparation and/or fulfilment of such agreement;
. Products: any and all objects manufactured and/or delivered for the fulfilment of an Order or, as the case may be, an Agreement by or for the account of the Supplier, as well as any services to be rendered by the Supplier, including advice and creative expressions, whether or not pertaining to those objects;
. Specification: the description of Products ordered by the Customer, which is stated or referred to in the Order or the Agreement.
Article 2 Applicability
Paragraph 1: Unless agreed otherwise in writing, these General Terms and Conditions will apply to all offers and quotations of the Supplier and all Agreements made between the Supplier and the Customer.
Paragraph 2: The applicability of any General Terms and Conditions (of purchase) used by the Customer are expressly considered not applicable by the Supplier, unless the applicability thereof is expressly accepted in writing by the Supplier.
Article 3 Offers
Paragraph 1: Any and all offers in whatever form entail absolutely no commitment for the Supplier and shall be regarded as a whole. If an offer indicates an acceptance term, this shall only imply that the offer is no longer valid after such term in any event.
Paragraph 2: Any pictures, catalogues, drawings and other data, including measurements, weights and amounts, shall be as accurate as possible. This information is binding only insofar as expressly confirmed.
Paragraph 3: Any and all quotations and offers shall be based on the fulfilment of the Agreement under normal conditions and during normal working hours.
Paragraph 4: An Agreement shall only be valid if and insofar as it is confirmed in writing by the Supplier or, as the case may be, after the Supplier has started with the fulfilment of the Agreement.
Paragraph 5: If due to circumstances including the nature, volume or urgency of the Order, no order confirmation has been sent, the invoice shall be regarded as the order confirmation.
Paragraph 6: Each Agreement shall be entered into by the Supplier on the condition precedent that the Customer shall prove to be sufficiently creditworthy for its financial obligations