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GENERAL SALES CONDITIONS OF : OREADE B.V.
ADDRESS : WILHELMINASTRAAT 35
RESIDENCE : 2011 VJ HAARLEM/HOLLAND
Section 1: General
In these General Sales Conditions the terms below will have the following meaning:
1.1._ Oreade: Oreade B.V.
1.2._ Buyer: The natural or corporate person acting in the execution of his profession
or business and with which Oreade has concluded an agreement, at which Oreade undertook to supply sound carriers, accessories and related articles and the Buyer undertook to pay for such goods.
1.3._ Item: Sound carriers and/or image carriers.
1.4_ Consumers who purchase via our website have the right to goods to Oreade within 7 days of receiving them provided that they are still sealed in the original plastic wrap. If they plastic has been opened than we cannot accept the return of the CDs or DVDs. Oreade commits to refunding the purchase price less shipping costs for goods returned in the unopened original plastic wrap within 30 days.
Oreade commits to delivering order to consumers within 30 days. Consumers have the right to cancel their order if the goods ordered have not arrived within 30 days.
Section 2: Scope
2.1. Insofar as it has not been agreed otherwise, the Sales Conditions will apply to all agreements between Oreade and the Buyer.
2.2. Oreade will only be bound to agreements and/or amendments thereof and/or
supplements thereto, after Oreade has accepted in writing the confirmation thereof.
Section 3: Prices/Quantity
3.1. The prices quoted will apply to the delivery ex warehouse, in accordance with the definition given in the Incoterms latest issue of the International Chamber of
Commerce and will be exclusive of V.A.T., unless it has been agreed otherwise in
writing.
3.2. The minimum quantity will be 10 items per order, unless it has been agreed
otherwise in writing.
3.3. For orders in the Netherlands above €205,00 exclusive of V.A.T. , no delivery
costs will be charged. Otherwise, all goods will be transported at the expense
and the risk of the Buyer.
Section 4: Payment
4.1. Unless it has been agreed otherwise in writing, all payments will be made in
cash and in EURO.
4.2. In the event that Section 4.1. is deviated from, the following will apply:
A. After or when concluding the agreement Oreade will be entitled to demand
from the Buyer an advance on the price agreed on.
B. If any payment is not received in time, the Buyer will - without any summons or
notice of default being required thereto - owe the legal interest as from the date
on which the payment should have taken place until the actual date of payment.
If Oreade should proceed the collection of the amount due, all collection costs,
both judicial and extrajudicial, will be charged to the Buyer, in which event the extrajudicial costs will be established at at least 15% of the principal to be claimed,
with a minimum of ? 70,00.
Section 5: Delivery
5.1. In the event that the date or dates of delivery indicated cannot be observed by
Oreade, Oreade will inform the Buyer thereof as soon as possible, stating the date
or dates of delivery then expected, without the Buyer being entitled to derive
therefrom any right to claiming damages in any form or to dissolve the agreement
or to demand that the agreement will be executed.
5.2. If the agreement is not executed within one month after the date of delivery
indicated in the agreement, the Buyer will be entitled to cancel the agreement
entirely or for the part which is not executed, provided that such cancellation
takes place by registered letter and that this is received by Oreade before the
delivery of the relevant goods.
5.3. For the application of these stipulations each partial delivery will be considered
as a separate delivery.
Section 6: Transfer of ownership
6.1. Until the moment on which the Buyer has met all his obligations of payment,
Oreade will remain the owner of the goods delivered.
6.2. The Buyer will not be entitled to transfer the goods delivered to third parties in
lien or in ownership, until the Buyer has met his obligations of payment and any
other obligations towards Oreade, on the understanding that the Buyer will not be impeded in the normal execution of his profession or business.
6.3. If the Buyer should not/not in time or not duly meet his obligations of payment,
Oreade will be entitled - without notice of default or the intermediation of a
judge - to undo the performance of the contract and/or to get the goods delivered
back from the Buyer. The Buyer will grant Oreade every cooperation by
opening the room where the goods are situated, or by handing over the keys
giving access to such room. If the goods are situated in a room, rented from
or in any other way belonging to any third party, so that for getting access the
cooperation of such third party will be necessary, the Buyer will authorize
Oreade to obtain the cooperation of this third party.
Section 7: Cancellation/Termination of the agreement
7.1. In the event that either party accountably fails to perform any of its obligations,
the other pary which has already conducted activities in order to execute the
agreement, will be entitled to dissolve or partially dissolve the agreement. The
entire or partial dissolution will have to take place by registered letter, without
the intermediary of a judge being required.
As a result of the dissolution any claims, either invoiced or not, will be imme-
diately claimable, without prejudice to the authority of the other party to
claim damages.
7.2. In the event of the bankruptcy, suspension of payment and/or liquidation of the
business of the Buyer, Oreade will be entitled to terminate the agreement
without any further declaring in default and without the intermediary of a
judge, without being held to any compensation.
All claims which Oreade might have or get on the Buyer will then be immediately
and completely claimable.
Section 8: Transfer of risk/Return shipments
8.1. If as a result of these Conditions Oreade will be obliged to replace the goods
delivered, the costs of transport of the return shipments will be at the expense
of the Buyer and the costs of transport of the goods delivered in exchange
will be at the expense of Oreade.
8.2. Return shipments will not be allowed, unless it has been agreed otherwise in
writing. If the Buyer nevertheless returns the goods, Oreade will be free to
store the goods at a third party at the expense of the Buyer or to keep the
goods at the disposal of the Buyer. Goods which are returned will always be
transported at the expense and risk of the Buyer.
For returned goods Oreade is entitled to charge a handling fee based on a
realistic rate per hour.
8.3. Return shipments will not discharge the Buyer in any respect from the
stipulations of payment as mentioned in Section 4.
Section 9: Claims
9.1. If the goods delivered do not meet the agreement, the Buyer may - in the
event of visible damage - appeal in writing within 24 hours after the Buyer
has received the goods. In the event of non-visible damage a term of 8 days
will apply and such damage will also have to be reported in writing.
9.2. Complaints regarding invoices of Oreade will have to be received by Oreade
by means of a registered letter within 8 days after the invoice date.
9.3. Filing a complaint does not discharge the Buyer from his obligations of
payment in accordance with the stipulations of Section 4.
Section 10: Guarantee
10.1. In the event that Oreade will deliver purchased goods to the Buyer, the
guarantee of Oreade will be limited to the guarantee granted by the supplier
of the goods meant.
10.2. No appeal can be made on the grounds of the guarantee, if the Buyer without
the express written prior consent of Oreade makes amendments to the goods
delivered or has amendments made to the goods.
Secion 11: Liability
11.1. If Oreade accountably fails to fulfil the agreement, Oreade will only be liable
for the compensation of the damage which is the immediate result of the
failure to perform. Any other form of compensation, like consequential damage,
indirect damage, damage resulting from loss of profit or delay will be excluded.
11.2. In the event of an illegal act of Oreade, including the personnel of Oreade or
persons engaged by Oreade, Oreade will only be liable for compensation of
damage by death or bodily injury and for other damage, insofar as this is the
result of intention or gross fault. In these cases the compensation will at any
rate not amount to more than ? 453.000,00 per damaging event, and a series of
connected events will be considered as one event.
11.3. After any right to compensation arose, the Buyer will be obliged to inform
Oreade in writing of the damage as soon as reasonably possible.
Section 12: Force majeure
12.1. In the event that the execution of the agreement is not possible due to a
failure which cannot be attributed to either party and the delay resulting
there-from is expected to be more than one month, either party will be
entitled to terminate the agreement after mutual consultation, without
being obliged to pay any compensation to the other party.
Section 13: Industrial and intellectual property
13.1. Oreade will safeguard the Buyer from any action of any third party,
started towards the Buyer on the basis of infringement of alleged rights
of such party. The Buyer will be obliged to inform Oreade immediately
of any action of any third party and to refrain from any action which may
be regarded as a recognition of the demands of that third party. Oreade
may decide to replace the Items or to carry on a defense against the action.
If as a result of an irrevocable final sentence Oreade will be obliged to
pay the damage and costs to the third party, Oreade will pay for such
damage and costs, if and insofar as the Buyer has not conducted any
activities to the detriment of Oreade.
Section 14: Applicable Law and disputes
14.1. All agreements to be concluded by Oreade will be governed by Dutch law.
14.2. Apart from the right of parties to apply for decisions of the President of
the District Court, deciding in summary proceedings, any disputes in
events, to which these Conditions apply, will be submitted to the sentence
of the ordinary judge in Haarlem.
Section 15: Deposit
15.1. These General Conditions have been deposited with the Chamber of
Commerce and Factories for Amsterdam, under number 34070147.
Separate copies may be obtained on request. |
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