Terms and conditions

Terms and conditions of Mrs. Tineke Douwes Agrikisten, t/a Kistenmevrouw, doing business in Leeuwarden, at 28 Engelumerstraat.

Article 1 Applicability of these terms and conditions

These terms and conditions apply to all offers and every agreement between Mrs. Tineke Douwes Agrikisten, t/a Kistenmevrouw, hereafter referred to as “Kistenmevrouw” (Mrsboxes) and a client, in as far as the parties in question haven’t deviated from these terms and conditions by written agreement. If Kistenmevrouw supplies new boxes, the terms and conditions of the supplier of these new boxes will apply to the delivery through Kistenmevrouw.

Article 2 Bids / Offer and acceptance

Offers made by Kistenmevrouw are non-binding. Offers are valid for 14 days, unless the offer states otherwise. After this period has expired, the offer can no longer be accepted by a client, except when Kistenmevrouw explicitly agrees to it. The prices mentioned in the offer don’t include shipping and VAT, unless the offer states otherwise. After the offer has been accepted, Kistenmevrouw’s offer will be deemed as accepted and an agreement is made. 

Article 3 Delivery

1. Delivery will occur from a delivery location decided by Kistenmevrouw.

2. The client is obligated to accept goods that are ready for delivery within a week after these goods have been made available to him. If the client refuses to accept or is negligent in providing information or instructions needed for delivery, the goods will be stored on the client’s costs and risk. In this case the client will be liable for all additional costs, which in all cases include the storage costs. After a period of 6 weeks Kistenmevrouw no longer has any obligations towards the client and she then has the right to sell the goods in question to a third party.

3. The client is always responsible for the goods that have been supplied to him by Kistenmevrouw. If the client wishes to have this risk covered, he or she is responsible for any insurance.

4. An agreed upon time of delivery is not of the essence, unless otherwise agreed in writing. In case of untimely delivery the client has to declare Kistenmevrouw in default and give her a period of at least 14 days to give Kistenmevrouw the opportunity to deliver.

5. Kistenmevrouw is allowed to deliver the goods that are ready for delivery in parts. If the goods are being delivered in parts, Kistenmevrouw has the right bill every part individually.

Article 4 Changes in the goods to be delivered

1. Kistenmevrouw has the right to deliver goods that deviate from what was agreed upon, if these changes are necessary to comply with legal requirements, or if the changes are small.

Article 5 Exigibility of accounts receivable

1. All claims of Kistenmevrouw on the client are exigible immediately in the following cases:

 • if after coming to an agreement, Kistenmevrouw learns of circumstances, which give her cause to fear that the client will not fulfil his obligations;

• if, at the time the agreement was made, Kistenmevrouw has asked the client to give assurances regarding its fulfilment, and these assurances were not (sufficiently) made. In these cases Kistenmevrouw has the right to postpone any further execution of the agreement, or to dissolve the agreement; this does not prejudice Kistenmevrouw’s right to claim damages;

• in case of liquidation, bankruptcy or suspension of payment of the client, all obligations are exigible and it gives Kistenmevrouw the right to immediately dissolve the agreement extrajudicially.

Article 6 Dissolving of agreement in case of force majeure

In case of circumstances concerning people and/or materials Kistenmevrouw has need of or normally uses in order to fulfil her agreement, which are of such a nature that fulfilling the agreement is made impossible or difficult to such an extent and/or made disproportionately costly that fulfilment of the agreement can no longer be asked, Kistenmevrouw has the right to dissolve the agreement extrajudicially. The dissolution will be done by sending a registered letter to the client.

Article 7 Defects, complaint periods.

1. The client is expected to check any delivered goods immediately upon delivery, or as soon as possible thereafter. The client is expected to make sure that the delivered goods are in line with the agreement, i.e.:

• whether the right goods have been delivered.

• whether the delivered goods correspond to what was agreed in terms of quantity.

• whether the delivered goods meet the agreed quality requirements or, in case there is a lack thereof, correspond to any requirements that can reasonably be expected for normal commercial use.

2. If visible defects or shortages are indentified, the buyer has to report these to Kistenmevrouw in writing within 48 hours after delivery.

3. Even if the client puts in a claim within the given time, his obligation to pay and receive any orders remains.

4. Only after prior written consent of Kistenmevrouw can goods be returned to Kistenmevrouw

5. If the client does not put in a claim within the given time and in the right fashion any and all rights to claim will no longer exist.

Article 8 Payment

1. Payment has to take place prior to delivery, unless other written arrangements have been made. After this period has expired, the client is legally in state of default, without the requirement of a notice of default. The client will owe the statutory rate on the claimable amount from the moment the state of default begins.

2. Payment has to take place without any deductions or adjustments.

3. Payments done by the client will first of all cover all owed interest and costs and only then the outstanding invoices that have been due longest, even if the client states payment applies to a later invoice.

4. Goods delivered by the client to Kistenmevrouw, which are meant to be processed or modified, can be kept by Kistenmevrouw until the client has covered all of Kistenmevrouw’s claims, unless the client has made sufficient assurances.

5. If the client is in default concerning one or more of his obligations, then all costs to achieve satisfaction will be extrajudicially owed by the client. In all cases the client owes an amount of 15% of the total amount due with a minimum of EUR 500,-. If Kistenmevrouw can show to have had more costs, which were necessary within reason, these costs will also be deserving of compensation. In all cases the client owes Kistenmevrouw any judicial costs Kistenmevrouw had.

Article 9 Liability

1. Kistenmevrouw only accepts liability for any client damages that are the consequence of serious shortcomings from the side of Kistenmevrouw concerning the fulfilment of her obligations, if and as far as this liability is covered by her insurance, and limited to the amount of the insurance payout.

2. If the insurance agency for whatever reason does not pay out, Kistenmevrouw’s liability is limited to the invoice total with a maximum of EUR 5.000,-.

3. Deviating from what is stipulated in clauses 1 and 2 above, Kistenmevrouw accepts no liability for consequential damage, damages because of exceeding delivery times, which can’t be attributed to grave negligence by Kistenmevrouw, and damages resulting from inadequate cooperation by or poor supply of information by the client.

4. In case of a wrongful act by Kistenmevrouw or one of her subordinates, Kistenmevrouw is merely liable for damages because of death or severe injuries. In these cases the liability is limited to EUR 50,000,-.

5. Kistenmevrouw is not liable if the shortcomings are due to force majeure.

6. The limitations in this article don’t apply, if damages are the result of intent or grave negligence by Kistenmevrouw or her subordinates. 

Article 10 Force majeure

1. Force majeure is understood as being circumstances in which the fulfilment of the agreement can’t be blamed on Kistenmevrouw. These circumstances, if and as far as these circumstances make the fulfilment impossible or unreasonably difficult, also include and are therefore not limitatively summed up: a general lack of raw materials or other goods or services needed to meet the required service, unforeseeable stagnation at suppliers or other third parties, which Kistenmevrouw is dependent on, and general transport problems.

2. Kistenmevrouw also has the right to claim force majeure if the circumstance which prevents further fulfilment, comes into effect after Kistenmevrouw should have fulfilled her agreement.

3. During force majeure any delivery or other obligations Kistenmevrouw has, will be suspended. If the period, in which because of force majeure Kistenmevrouw can’t meet her obligations, is longer than two months, both parties have the right to cancel the agreement. In that case there’s no obligation for damage compensation.

4. If Kistenmevrouw already has met her obligations partially, or could only partially meet her obligations at the moment force majeure goes into effect, she has the right to individually bill the goods that have already been delivered or those goods that still have to be delivered; in this case the client has to pay this invoice as if it concerned a separate agreement.

Article 11 Retention of title

All boxes delivered by Kistenmevrouw or any other products that have been delivered to the client by Kistenmevrouw, have been so with retention of title. The boxes will remain Kistenmevrouw’s property until the client has completely paid all invoices.

Article 12 Cancellation

1. When an order is cancelled, which needs to be done in writing by the client, Kistenmevrouw has the right to charge the client for any crates bought by her and also for other purchased goods and services required for the order.

2. Moreover, Kistenmevrouw has the right to charge the client  25% of the order’s total amount, when the client cancels an order.

Article 13 Choice of forum / Applicable law

Contrary to the laws concerning the authority of a civil court, every dispute between the client and Kistenmevrouw will be settled by the competent court in Leeuwarden. Only Dutch law is applicable to all agreements between Kistenmevrouw and the client.

Article 14 Changes to the terms and conditions

Kistenmevrouw has the right to make changes to these terms and conditions. These changes will go into effect at the announced time of them coming into force. Kistenmevrouw will send the changed terms and conditions to the client in a timely manner. In case no time of coming into force has been mentioned, any change with regards to the client will start to work as soon as he has been notified of this change in writing.

 

Signed as seen:

 

                                                                                         

____________________________

(client)