General terms and conditions of sale and delivery
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
Groothandel Wiljan BV
The Hemmen 56
9206 AG Drachten
Chamber of Commerce number: 85978477
VAT: NL863815285B01
1. General
1.1 These general terms and conditions of sale and delivery apply to all quotations, agreements, deliveries of products and the provision of services by the private limited company Groothandel Wiljan BV, hereinafter referred to as: “Groothandel Wiljan”.
1.2 Any purchasing and/or other general terms and conditions of the buyer, which includes the counterparty of Groothandel Wiljan, do not apply. These terms and conditions may only be deviated from expressly and in writing by Groothandel Wiljan, or with the written consent of Groothandel Wiljan. Deviating provisions apply only to the agreement in which these deviating provisions were made. The following terms and conditions remain in full force and effect.
1.3 All quotations from Groothandel Wiljan are entirely non-binding, unless otherwise agreed in writing. All agreements between Groothandel Wiljan and the buyer are only binding and only become effective if they are accepted by Groothandel Wiljan.
1.4 Changes to an agreement that has already been concluded will only take place once and to the extent that Groothandel Wiljan has confirmed these in writing.
2. Prices
2.1 Price quotes from Groothandel Wiljan, as well as the prices agreed upon with Groothandel Wiljan, are exclusive of VAT and based on the cost price factors applicable at the time the agreement is concluded. Unless otherwise agreed, all price quotes are subject to change.
2.2 If price increases occur with regard to one or more cost price factors, for example as a result of an increase in duties and/or excise duties, factory prices, changes in currency, etc., Groothandel Wiljan is entitled to pass on the price difference to the buyer and therefore increase the order price accordingly.
3. Delivery
3.1 Delivery times stated are approximate only and shall never be considered final unless expressly agreed otherwise. A delivery time commences only from the moment the last condition specified in the order confirmation is met.
3.2 Exceeding deadlines, for whatever reason, does not entitle the buyer to any compensation or to terminate the agreement and/or to fail to comply with any obligation that may rest on him under the agreement in question or any other agreement existing between the parties.
3.3 Unless expressly agreed otherwise, delivery is always EX-WORKS. Therefore, as soon as the sold items leave Groothandel Wiljan, they are delivered at the buyer's expense and risk, regardless of who arranges for the transport, the means of transport, and the travel route chosen.
3.4 If the buyer fails, for whatever reason, to take receipt of the goods and they are ready for shipment, Groothandel Wiljan will be entitled, at its discretion, to immediately terminate the agreement.
to dissolve the agreement in whole or in part, to deliver the goods at the buyer's expense and risk, to store or have the goods stored in whole or in part at the buyer's expense and risk, and to charge the buyer for any additional costs incurred as a result, or to claim damages. In the event that the goods are stored in whole or in part at the buyer's expense and risk, Groothandel Wiljan is still entitled to dissolve the agreement in whole or in part or to claim damages after the goods have been stored for three weeks.
4. Complaints
4.1 Complaints are understood to mean all grievances and complaints of the buyer regarding the quantity, quality, damage and/or packaging of the purchased items.
4.2 Complaints will only be accepted and processed by Groothandel Wiljan if they are submitted in writing to Groothandel Wiljan within eight days of delivery or making the goods available to the buyer.
4.3 If Groothandel Wiljan considers a complaint submitted in accordance with 4.2 to be proven, Groothandel Wiljan will have the option of either replacing the defective goods at its own expense or crediting the buyer with an amount equal to the price owed by the buyer for that material. In either case, the buyer must return the defective material to Groothandel Wiljan, after prior approval from Groothandel Wiljan. Groothandel Wiljan is in no way obligated to provide any additional compensation other than as provided in this article.
4.4 The Buyer must inspect the goods delivered by Groothandel Wiljan immediately upon delivery for quantity, nature, and quality. Complaints regarding defects that could have been discovered by taking simple random samples must be submitted in writing to Groothandel Wiljan within three days of their discovery.
4.5 Exceeding the terms mentioned in Articles 4.2 and 4.4 will result in the forfeiture of the right to make a complaint.
4.6 Complaints never entitle the buyer to suspend payment of the purchase price or additional costs, in whole or in part, and any right to a discount and/or compensation is expressly excluded. If and to the extent the buyer could derive a claim for reimbursement of the purchase price from a valid complaint, the relevant claim against Groothandel Wiljan can never be offset against a debt to Groothandel Wiljan arising from transactions to which the complaint in question does not relate.
5. Force Majeure
5.1 Force majeure means any non-attributable shortcoming, including any event as a result of which fulfilment of the agreement by Groothandel Wiljan has become so difficult or expensive, compared to its prospects at the time the agreement was concluded, that fulfilment can no longer be reasonably expected in its opinion.
5.2 Force majeure on the part of Groothandel Wiljan shall in any case exist, but shall not be limited to, if after the conclusion of the agreement Groothandel Wiljan is prevented from fulfilling its obligations under this agreement or from preparing for them in the event of war, threat of war, fire, water damage, flooding, frost, strikes, occupation of a company, blockage of transport routes, defects of means of transport, import and export restrictions, defects of machinery, disruptions in the supply of energy, difficulties or stagnation in the production of Groothandel Wiljan or of a company from which Groothandel Wiljan obtains the raw materials and resources, veterinary infections and/or
epidemics and all other causes beyond the control or risk of Groothandel Wiljan. Groothandel Wiljan will notify the buyer in writing of the occurrence of a force majeure situation.
5.3 Groothandel Wiljan is entitled to terminate the agreement in the event of force majeure. Groothandel Wiljan is entitled, if desired, to suspend performance of the agreement instead of terminating it until the circumstances causing the force majeure have ended.
5.4 Groothandel Wiljan is not liable for any damages resulting from termination or suspension due to force majeure, including lost profits.
6. Retention of title
6.1 All goods delivered by Groothandel Wiljan remain its property until the amounts due for the goods delivered or yet to be delivered under the relevant agreement and/or the work performed or to be performed for the benefit of the buyer under the relevant agreement and/or on account of claims arising from the buyer's failure to perform or fulfil an agreement have been paid in full by the buyer.
6.2 As long as the buyer has not acquired ownership of the items purchased, the buyer is prohibited from alienating, pledging, or otherwise encumbering the items in question in any way other than in the normal course of business. In the event that the buyer proceeds to sell and/or deliver the items in question in the normal course of business, Groothandel Wiljan is entitled, as long as the buyer has not fully met its payment obligations to Groothandel Wiljan, of whatever nature, to demand that the claims accruing to the buyer from its customers arising from these sales be transferred to Groothandel Wiljan.
6.3 If the buyer fails to meet its payment obligations, Groothandel Wiljan is entitled to reclaim the goods delivered by it as its property, both from the buyer and from third parties after resale, without prejudice to its right to compensation for the damage it has suffered.
6.4 If the buyer processes and/or processes the delivered but not yet paid for goods and/or has them processed and/or processed by third parties on his behalf, Groothandel Wiljan also remains the owner of the processed and/or processed goods, even if a different product is created as a result of the processing and/or processing.
7. Payment
7.1 The buyer is obliged to pay the purchase price at the agreed time.
7.2 Groothandel Wiljan is entitled at all times to suspend the fulfillment of its obligations until the buyer, at the request and to the satisfaction of Groothandel Wiljan, has provided security for the fulfillment of all its obligations under the relevant agreement. If the buyer fails to provide the required security, fails to provide it in full or in a timely manner, it will be in breach of the agreement concluded with Groothandel Wiljan.
7.3 The Buyer is not entitled to suspend payment for any reason whatsoever. Offsetting or offsetting debts is also not permitted.
7.4 If the buyer fails to meet its payment obligations in a timely manner, it will be in default without any notice of default being required. In that case, Groothandel Wiljan has the right to charge default interest from the moment of default equal to the statutory interest, plus 2%, on the outstanding amount.
invoice amount or the unpaid portion thereof. Furthermore, in the event of late payment, Groothandel Wiljan is entitled to charge the buyer for all reasonable costs of measures, both judicial and extrajudicial, that Groothandel Wiljan (at its discretion) takes against the buyer, up to a maximum of 15% of the principal amount owed by the buyer, but with a minimum of €250 excluding VAT.
8. Enforceability and termination
8.1 Without prejudice to the provisions elsewhere in these general terms and conditions, Groothandel Wiljan's claims against the buyer become immediately due and payable upon the buyer's declaration of bankruptcy, the buyer's request for a provisional suspension of payments, the buyer's imposition of protective measures, and/or the buyer's loss of full or partial control and disposition of their assets. Furthermore, Groothandel Wiljan has the right to terminate the agreement in such circumstances. Following termination, the buyer is liable for any damages suffered by Groothandel Wiljan, including damages resulting from loss of profits and transport costs.
8.2 Any termination for whatever reason will always result in all amounts owed to Groothandel Wiljan becoming due and payable.
9. Liability
9.1 Except in cases of gross negligence, Groothandel Wiljan shall never be liable for any damage, direct or indirect, to persons, property or companies of the buyer and/or to third parties.
9.2 In the event of liability on the part of Groothandel Wiljan, this liability is limited to the amount covered by Groothandel Wiljan's insurance in a given case. If this insurance, for whatever reason, does not result in any payment, or if the damage is not covered by this insurance in a given case, liability is limited to the amount equal to the invoice value of the goods and/or services supplied by Groothandel Wiljan to which the liability relates.
9.3 Damages in the form of lost profits or other consequential damage are under no circumstances eligible for compensation.
10. Applicable law and competent court
10.1 Dutch law applies to the quotations and agreements between Groothandel Wiljan and the buyer, to which these general terms and conditions apply in whole or in part. The Vienna Sales Convention does not apply.
10.2 All disputes arising from this agreement shall be submitted exclusively to the competent court of the place where Groothandel Wiljan has its registered office.
11. Minimum order quantity, shipping costs & payment method
The Netherlands
Shipping costs: €50.-
Free shipping on orders over €300 excluding VAT (excluding the Wadden Islands)
Payment terms: iDEAL or advance payment by bank.
Belgium and Luxembourg
Shipping costs: €75.-
Minimum order amount: €500.00
Free shipping on orders over €800.
Terms of delivery: Franco DAP
Payment terms: iDEAL or advance payment by bank.
Germany
Shipping costs: €75.-
Minimum order amount: €500.00
Free shipping on orders over €1250.-
Terms of delivery: Franco DAP
Payment terms: advance payment by bank transfer.
Austria
Shipping costs: €75.-
Minimum order amount: €750.00
Free shipping on orders over €2000.
Terms of delivery: Franco DAP
Payment terms: advance payment by bank transfer.
France
Shipping costs: €75.-
Minimum order amount: €750.00
Free shipping on orders over €2000.
Terms of delivery: Franco DAP
Payment terms: Prepayment/proforma. Checks are not accepted.
Switzerland
Shipping costs: €75.-
Minimum order amount: € 1,500.00
Free shipping on orders over €2,500.
Terms of delivery: Free DAP (excluding import duties)
Payment terms: Prepayment/proforma.
Italy
Minimum order amount € 2000,-
Terms of delivery: Franco DAP with 5% transport costs contribution
Payment: Prepayment/proforma.
Other countries within Europe (EU)
Minimum order amount € 2000, delivery conditions per country available on request, Payment: Prepayment (unless otherwise agreed)
Countries outside Europe (outside EU)
Minimum order amount € 2,500, delivery terms: Exworks, Payment: Prepayment
12. Delivery times
Delivery times will typically be between 5 and 10 business days*. This may vary slightly due to seasonal peaks or other circumstances.
During holidays we have adjusted delivery times!
13. Prices
Our webshop lists standard prices. Any discounts will be processed later.
14. Webshop
Our webshop displays items that are currently in stock.
15. Questions?
Contact us: +31(0)516-481888 or info@wiljan.nl
*No rights can be derived from this information.
Our General Terms and Conditions of Sale and Delivery apply to all our deliveries and services.