- The terms and conditions (“T&C”) are related to all contracts of Celez about sales and delivery of handbags to third parties.
- Celez rejects the application of T&C of potential buyers.
- Whenever spoken in these T&C about the “buyer”, there must understood any natural or legal person that is in an actual purchase agreement with a contractual relationship or want to close other types of contracts. Above all, under the “buyer” we understood the person on which the order is delivered and payed.
- It can only be deviated from the T&C, if that was agreed in writing.
- Whenever spoken in the T&C about “delivery”, it is always meant delivering all kinds of services and work.
2. Sales agreement
- Only then, if Celez accepts an order in writing from a potential buyer, a sales agreement between Celez and the particular buyer takes place.
- An agreement is only then accomplished, if we have accepted an order in writing that is instructed to us. The agreement is seen as accepted at the time of sending the order confirmation.
- The buyer is attached to his order, in any form transmitted to us, for a period of 8 days after dating the order (if it relates to an orally completed agreement). A statement of the buyer, after cancelling or changing the order, in the period of 8 days can not prevent that an agreement, on the basis of the originally order takes place, if we accept/confirm the order in the period of 8 days.
- The order confirmation sent to the buyer should apply the content of the enclosed agreement complete and correctly. The buyer should agree to the content of our order confirmation, unless he informs us in writing within 8 days after the date of order confirmation, that he does not agree with the content.
- Any additional agreements and / or obligations expressed by us or by our employees and / or performed or pronounced by persons acting as our representatives on our behalf and / or executed, are only binding if these agreements and / or obligations are confirmed in writing by our representatives athorized partners.
- Celez reserves the right to discontinue the performance or to abondon the services, if the buyer (i) of the T&C or other obligations to Celez violates, or (ii) proves to be insolvent.
- Our prices are exclusive VAT and if not otherwise reported also the packaging, shipping costs and other costs.
- The prices in offers, contracts and order confirmations are based on, at the time of completing the agreement, cost factors, such as exchange rates, producer prices, commodity- and raw material prices, wage and transport costs, insurance premiums, taxes, import duties and other governmental levies.
- We reserve the right to, if after the date of confirming the contract, but before the date of delivery, to raise the price with one or more of the cost factors mentioned above for the account of the buyer. We also have the right in such case to resolve the agreement fully or partially without any judicial intervention. This last right is also attached to the buyer, unless we face within 3 months after completion of the contract on the view that the change in the cost of an increase of the price stated in the order confirmation results.
- Delivery is on the date that is specified in the terms of confirmation of the order. If the delivery is not on the specified date delivered, then Celez is authorized in a period of 15 days to still deliver the product. If such a situation occurs, Celez will inform the buyer about the delay in delivery and share the new delivery date with the buyer.
- In case of force majeure it is accepted for Celez to suspend or cancel every order, as existing legislation show.
- If not otherwise agreed, Celez is authorized to do partial deliveries of goods that are ordered. Celez is also authorized to make small adjustments during the production of items that are in relation to the samples shown. In the bag business it is a common practice that deviation in the field of quality, color, type and packing can occur from delivered items.
- The buyer must tranfer the amount due, unless otherwise specified, within 30 days after the billing date on the bank account belonging to Celez (see below).
- Prices do include packing costs and exclude delivery costs to the destination country as specified by the buyer.
- The delivered goods remain the property of Celez up to the moment that the buyer has paid the entire amount due to Celez. The buyer may therefore not sell or otherwise dispose of goods that are still belonging to Celez.
- If Celez after the payment of buyer violates the terms of the contract, Celez must refund the amount originally paid by the buyer within 30 days after the date of violating the contract.
- If a buyer fails to fulfill his payment obligations, a monthly interest rate of 1% is charged. Under no circumstances will the buyer be entitled to offset its payment obligations to Celez.
6. Warranty and liability
- In the case that was informed that the buyer has legitimate claims due to defects in goods delivered, Celez has the right to fix these defects or to deliver replacement goods, within 30 days of receipt of returned goods.
- Celez can only be held liable for direct damages. The liability is limited to the total amount that was paid by the buyer for the order.
- All rights of the Celez covered by the intellectual property law should remain the property of Celez; the buyer does not violate these rights. If the buyer wants to use Celez’s name, logo or brand design, to whatever manner, Celez must first be consulted for permission.
- The invalidity of one or more terms in the TOC does not affect the remaining terms.
- For the TOC is the Dutch law applied. All resulting disputes will be submitted to the court of Amsterdam.
- Any additional terms or conditions to substitute the terms and conditions, agreed in writing between the Buyer and Celez, take precedence over the terms and conditions.
Chamber of Commerce nr. 51328674 | BTW nr. 127817190B01
IBAN: NL78ABNA0509666159 | Bic code : ABNANL2A
Bank account 50 96 66 159| Name bank: ABN Amro
T: +316 317 62 726, E: firstname.lastname@example.org