AGB von GOOD&MOJO
GENERAL SALES AND DELIVERY CONDITIONS IT’S ABOUT ROMI B.V. AMSTERDAM
1.1 All quotations shall be without commitment.
1.2 An agreement shall be established after written confirmation of a given order by it’s about RoMi B.V. or by the actual implementation of this.
2.1 The price stated shall be net, i.e. it does not include VAT or (freight) costs.
2.2 It’s about RoMi B.V. shall retain the right to increase prices unless the purchaser has already received an order confirmation.
2.3 Payment shall be according payment condition as agreed between purchaser and it’s about RoMi B.V., as stated on front side of invoice. Payment discount shall be deducted from the net price within the agreed payment term.
2.4 The purchaser shall not be able to offset amounts. Payments shall be used first of all to settle interest and costs.
2.5 If payment is not made on time, statutory interest shall be owed from the invoice due date. EUR 50,00 in administration costs shall also be owed. If it’s about RoMi B.V. has to hand over the debt for collection, the purchaser shall be obliged to pay all the out-of-court and judicial costs incurred by it’s about RoMi B.V. Judicial costs are taken to mean all the costs relating to legal assistance, including the full costs of instigating proceedings.
2.6 The purchaser shall at all times be obliged, at it’s about RoMi B.V.’s first request, to provide a security relating to its compliance with its obligations.
2.7 It’s about RoMi B.V. shall be entitled to suspend its obligation to supply, if the purchaser fails to comply with any obligation towards it.
2.8 It’s about RoMi B.V. shall be entitled to dissolve the agreement without a previous letter of formal notice or a letter of reminder, if the purchaser fails to meet any obligation or fails to meet this on time.
3.1 Delivery shall be exclusively cash on delivery or by collection, unless otherwise agreed.
3.2 Delivery free at the Dutch border in the case of a net goods value upwards of EUR 500,00.
3.3 The delivery time stated, as referred to in an order confirmation from it’s about RoMi B.V., may be exceeded, without it being possible for the order to be cancelled by the purchaser, unless otherwise agreed in writing.
3.4 It’s about RoMi B.V. may deliver earlier than agreed and in parts. If part-deliveries are not paid for on time by invoice, further deliveries may be suspended by it’s about RoMi B.V. or it’s about RoMi B.V. may dissolve the agreement for the remaining part.
3.5 Slight deviations in colour, printing, quality, finishing or amount shall be permitted.
3.6 It’s about RoMi B.V. shall be entitled, until the time that the delivery of the goods has taken place, to cancel the agreement by written notification without the purchaser being entitled to compensation for damage.
3.7 If purchaser cancels the order and the goods have already been prepared by it’s about RoMi B.V. EUR 50,00 cancellation/administration costs shall be charged.
3.8 It’s about RoMi B.V. shall send digital invoices by email to purchaser. If purchaser wishes to receive invoices on paper an additional cost of EUR 4,00 per invoice shall be charged.
4.1 The costs of transport and insurance of consigned goods shall be for the account of the consignee.
4.2 If consigned goods are damaged, it’s about RoMi B.V. shall decide whether the consignee should pay for the damage or purchase the damaged goods at the price that they would cost in an undamaged condition.
5. Claims because of defects/returns
5.1 The purchaser shall be obliged to check the goods immediately for quantity and defects. If the goods do not meet the agreed requirements, the purchaser shall announce this in writing at the latest within eight days of the actual delivery of the goods. Claims made later than eight days after the delivery shall not need to be dealt with.
5.2 It’s about RoMi B.V. shall take back goods that have been delivered for which a claim has been made only after consultation. The goods shall be returned in the original packaging and shall not have been damaged, used intensively or (partially) processed by the purchaser.
5.3 It’s about RoMi B.V. shall be able to repair defects in delivered goods within a reasonable deadline and shall be free to choose whether to redeliver these or to replace them with others or to credit the amount.
6. Reservation of ownership
6.1 Ownership of the goods supplied by it’s about RoMi B.V. shall be transferred to the purchaser/substituting third party only once this person has met all its obligations towards it’s about RoMi B.V. of whatever kind.
7. Force majeure/liability
7.1 It’s about RoMi B.V. shall never be liable for damage, including lost profit that arises from the non-compliance, incomplete compliance or late compliance with its obligations, if it is not able to do this as a result of force majeure. Force majeure is also understood to mean measures imposed by the State (quotas, export bans etc.) and the event that a supplier does not supply to it’s about RoMi B.V. or does not supply on time.
7.2 If the goods demonstrate a defect or are not delivered or are not delivered on time, it’s about RoMi B.V. shall be liable for the damage caused as a result of this up to a maximum of the net invoice value of the goods concerned.
7.3 It’s about RoMi B.V. shall never be liable for damage that arises as a result of improper use of the goods it has supplied. The purchaser shall be obliged to indemnify it’s about RoMi B.V. against claims by third parties regarding defects in the goods supplied by it’s about RoMi B.V. and the purchaser shall be obliged to take out insurance regarding this obligation.
8. Other stipulations
8.1 If in other transactions with the purchaser there have been deviations from these conditions, the purchaser shall not be entitled to derive any rights from these conditions unless the deviation has been recorded in writing.
8.2 The agreement shall be subject to Dutch law. The district court in Amsterdam shall have the jurisdiction to hear the case.