Terms & Conditions 2024
EU (including CH,NO) Terms & Conditions 2024 |
|
||||||
|
|
||||||
Minimum order 300 euro |
|
||||||
|
|
||||||
ORDER - DELIVERY - PAYMENT TERMS |
|
||||||
All bank charges are under ordering party |
|
||||||
Order placement between 1 January - 7 January
2024 |
|
||||||
|
|
|
|
|
|
||
COLLECTION |
Delivery |
|
Payment options* |
Discount |
|||
STOCK
Homeware + Easter + Christmas |
DIRECT |
1 |
100%
direct payment |
3% |
|||
2 |
ON
ACCOUNT (OA), For selected customers only. |
3% |
|||||
PRE
ORDER Christmas + Homeware
|
Delivery from 1 August |
3 |
Payment
PRIOR to Delivery, |
3% |
|||
|
|
||||||
|
|||||||
Order placement between 8 January - 17 March 2024 |
|||||||
|
|
|
|
|
|
||
COLLECTION |
Delivery |
|
Payment options* |
Discount |
|||
STOCK
Homeware + Easter + Christmas |
DIRECT |
1 |
100%
direct payment |
3% |
|||
2 |
ON
ACCOUNT (OA), For selected customers only. |
3% |
|||||
PRE
ORDER Christmas + Homeware
|
Delivery from 19 August 2024 |
3 |
Payment
PRIOR to Delivery, |
3% |
|||
|
|
||||||
|
|||||||
Order placement between 18 March - 14 July 2024 |
|||||||
|
|||||||
COLLECTION |
Delivery |
|
Payment options* |
Discount |
|||
STOCK
Homeware |
DIRECT |
1 |
100%
direct payment |
1% |
|||
2 |
ON
ACCOUNT (OA), For selected customers only. |
1% |
|||||
Christmas
+ Homeware
|
Delivery from 9 September 2024 |
3 |
Payment
PRIOR to Delivery, |
1% |
|||
|
|
||||||
|
|||||||
Order placement between 15 July - 15 September 2024 |
|||||||
|
|||||||
COLLECTION |
Delivery |
|
Payment options* |
Discount |
|||
STOCK
Homeware |
DIRECT |
1 |
100%
direct payment |
0% |
|||
2 |
ON
ACCOUNT (OA), For selected customers only. |
0% |
|||||
Christmas
+ Homeware
|
Delivery from 7 October 2024 |
3 |
Payment
PRIOR to Delivery, |
0% |
|||
|
*
not in combination with other discounts or payment conditions |
||||||
|
|||||||
Order placement between 16 September - 15
December 2024 |
|||||||
|
|||||||
COLLECTION |
Delivery |
|
Payment options* |
Discount |
|||
STOCK
Homeware |
DIRECT |
1 |
100%
direct payment |
0% |
|||
2 |
ON
ACCOUNT (OA), For selected customers only. |
0% |
|||||
3 |
Payment
PRIOR to Delivery, |
0% |
|||||
|
*
not in combination with other discounts or payment conditions |
||||||
|
|||||||
Delivery Terms FCA Moerdijk |
|||||||
Holland shipment charges are included |
|||||||
Vondels reserves the right to make a partial
delivery |
|||||||
We arrange in EU including UK+CH+NO
|
|||||||
If you order online at www.vondels.b2b.com
delivery charges will be automaticaly calculated in your order for the above
countries. |
|||||||
Export document charges of 45 euro will be
applied for: Norway + Switzerland + UK |
|||||||
We aim to deliver within 7-10 working days after full payment is
received. |
|||||||
|
|
||||||
VONDELS BV / VONDELS INC Schinkeldijkje 18B |
1432 CE | Aalsmeer | The Netherlands | +31 297727117 | [email protected] |
www.vondels.com |
|||||||
VAT: NL 858325846 B01 | Chamber of Commerce:
70459649 | IBAN: NL 39ABNA0818898593 |
|||||||
|
|
||||||
On all offers or agreements with Vondels, the
general terms and conditions of Vondels apply, which are filed on 01/05/2020
at the Chamber of Commerce of Amsterdam, The Netherlands, under register
number 70459649. By accepting this offer the consignee accepts these general
terms and conditions and explicitly declares to have received a copy thereof. |
|||||||
USA Delivery &
Discount schedule 2024 |
|
||||
|
|
||||
Minimum order / pieces |
|||||
300 euro / 12 pieces per item |
|||||
|
|
||||
Tier prices |
|||||
Tier prices are used for 12/24/48 pieces - Margin
belonging to Tier price average 2,0/2,5/3,0 |
|||||
|
|
||||
Order & Payment terms |
|||||
All bank charges are under ordering party. All
prices quoted are without VAT |
|||||
Order placement between 1 January - 7 January
2024 |
|||||
Option |
Payment options* |
Discount |
Delivery from 1 August 2024 |
||
1 |
no deposit, 100% direct payment 8 days prior to
delivery |
5% |
|||
|
|
||||
Order placement between 8 January - 17 March 2024 |
|||||
Option |
Payment options* |
Discount |
Delivery from 19 August 2024 |
||
1 |
no deposit, 100% direct payment 8 days prior to
delivery |
5% |
|||
|
|
|
|
||
Order placement between 18 March - 14 July 2024 |
|||||
Option |
Payment options* |
Discount |
Delivery from 9 September 2024 |
||
1 |
no deposit, 100% direct payment 8 days prior to
delivery |
3% |
|||
|
|
|
|
||
Order placement between 15 July - 15 September 2024 |
|||||
Option |
Payment options |
Discount |
Delivery from 15 October 2024 |
||
1 |
no deposit, 100% direct payment 8 days prior to
delivery |
0% |
|||
|
|
|
|
||
Order placement between 16 September - 15
December 2024 |
|||||
Option |
Payment options |
Discount |
ASAP |
||
1 |
no deposit, 100% direct payment 8 days prior to
delivery |
0% |
|||
|
|
||||
|
|
|
|
||
|
|
||||
Delivery ex works Cleveland / OHIO |
|||||
Contact
[email protected] for freight charges |
|||||
|
|
|
|
||
VONDELS INC 228 East 45th street, suite 9E |
10017 | New York | USA | +31 297727117 | [email protected] |
www.vondels.com |
|||||
|
|
||||
"On all offers or agreements with Vondels,
the general terms and conditions of Vondels apply, which are filed on
01/05/2020 at the Chamber of Commerce of Amsterdam, The Netherlands, under
register number 70459649. By accepting this offer the consignee accepts these
general terms and conditions and explicitly declares to have received a copy
thereof". |
|||||
1
General
Vondels
B.V. sells decorative glass (Christmas) ornaments, mainly for consumer use, to
luxury department stores, concept stores and other establishments. These goods
are sold and provided under the following terms and conditions.
2
Definitions
Agreement: any sales, distribution or other agreement
between Vondels and Customer;
Vondels: private limited liability company Vondels B.V.
established under Dutch law;
Customer: a natural person or legal entity that enters
into an Agreement with Vondels;
Conditions: these General Terms and Conditions of Vondels;
Parties / Party: Vondels and / or the Customer
3
Applicability of the Conditions
3.1 These Conditions are applicable to
all (initial and subsequent) offers and Agreements with Vondels, unless Parties
have explicitly agreed otherwise in the form writing. These Conditions form an
integral part of the Agreement.
3.2 Vondels explicitly rejects the application of all
general conditions other than these Conditions. An amendment of these
Conditions can only be agreed upon in writing.
3.3 When the Customer
enters into an Agreement with Vondels on behalf or in favor of a third party, the Customer
will inform the third party about these Conditions. In that case the Customer
guarantees that the third party will comply with the Conditions.
3.4 At any
time Vondels is authorized to add or modify clauses in these Conditions. All
changes deem to be accepted by the Customer if he does not object within eight
(8) days after being informed by Vondels about the relevant changes or if the
Customer has purchased any good of Vondels or placed any order at Vondels within
this time period.
3.5 The
Customer cannot rely on previous occasional adjustments of the Conditions with respect to
future (similar) negotiations.
4
Establishment of Agreements
4.1 Offers are always provided in
written form and will be given or sent to the Customer either by hand, postal
services or by e-mail.
4.2 An Agreement is
established when Vondels receives from the Customer a signed copy or written confirmation
of a valid offer, either by hand, postal services or by e-mail, as well as when
Vondels sends an order confirmation to the Customer or when the Customer places
an order on the webshop of Vondels.
4.3 Without any liability Vondels can terminate all
negotiations with the Customer regarding a possible offer or Agreement at any time.
4.4 An order cannot be canceled by the Customer
after the order is confirmed by Vondels. If the
Customer cancels an order after it has been confirmed by Vondels, the Customer
owes a cancellation fee to Vondels. If the order is cancelled ultimately four
weeks before delivery, the cancellation fee amounts to 60% of the purchase
price. If the the order is cancelled within four weeks before delivery,
the full purchase price will be due for payment.
5
Performance of the Agreement and Delivery
5.1 Unless explicitly otherwise agreed by
the Parties all deliveries are Ex Works (Incoterm). Also in the event that Vondels
operationally arranges transportation of purchased goods to the Customer, this is
still at the expense of the Customer and Vondels is still not liable for any
loss and/or damages inflicted during transportation of purchased goods.
5.2 Vondels
will store purchased goods when the Customer is in breach with its obligation to
timely accept or pay the delivery, in which case all extra costs (for storage
and additional transportation to storage location) will be at the expense of
the Customer.
5.3 The
Customer is obligated to inspect all purchased goods upon delivery and notify Vondels
without delay (and never later than 48 hours after delivery) about any possible
defects or deviating quantities, failing which all Customer’s possible claims
will lapse.
5.4 Vondels
is authorized to outsource or subcontract any part of the Agreement to a third party.
Vondels is also authorized to deliver the purchased goods by partial shipments
while invoicing each delivery accordingly and independent of other deliveries.
5.5 Unless
otherwise agreed to by the Parties, all delivery dates and time periods are
indicative and specified by Vondels to the best of its knowledge. These
estimates will never constitute firm deadlines for Vondels and Vondels cannot
be held liable or in breach of the contract for any delay in the delivery of goods.
If the delivery of goods is delayed or threatens to be delayed, Vondels will
inform the Customer and state the cause of the (possible) delay and how it will
affect the given time and delivery periods.
5.6 In the
event any purchased good appears not available, Vondels will inform the Customer
promptly and state the cause of the unavailability, in which case the order (including
the price) will be adjusted accordingly, without further consequences or
liability of Vondels towards the Customer.
6
Rights and Obligations of the Customer
6.1 At the request of Vondels the Customer
will promptly provide Vondels with all requested information that Vondels requires
for a proper fulfillment of the Agreement.
6.2 If the
information that is required for the fulfillment of the Agreement is not
provided, provided too late, not provided in full or not in the format required
by Vondels, then Vondels has the right to suspend the fulfillment
of its obligations according to clause 8. In that event Vondels is entitled to
charge the Customer for any additional costs incurred in this respect.
6.3 Vondels
sells its products solely to companies that ascertain high standards for their
product placement, store location, assortment and personnel. The Customer is only
permitted to sell the purchased goods in a physical store that meets the quality
standards set out by Vondels and the Customer guarantees that all companies to
which it sells purchased goods meet the same quality standards. Online sales are
only permitted after written approval of Vondels, in any case only at a self controlled
webshop and never through a third party website or platform. The obligations in
this clause are subject to an immediately payable penalty of € 5.000 (five
thousand Euros) for each separate breach and each day that such a breach
continues.
7
Prices, invoicing and payment
7.1 All prices
and rates are stipulated in the offer and Agreement and are charged in Euros or
Dollars, excluding VAT and/or other levies imposed by any government, to be paid
by the Customer. All invoices shall be paid with no other currency than Euro or
Dollar.
7.2 All
invoices are to be paid by the Customer within eight (8) days of the invoice
date, unless otherwise agreed to in writing.
7.3 If the Customer
fails to pay within the term of payment, Vondels has the right to claim
extrajudicial costs of 15% of the total amount due (for which a notice of
default is not required), Vondels is entitled to charge statutory commercial interest
over the total amount due and Vondels is also entitled to suspend its own obligations
to the Customer and dissolve the Agreement without further consequences or
liability of Vondels towards the Customer.
7.4 Payments
by the Customer are made without any discount, deduction, set-off or counterclaim,
unless parties have explicitly agreed otherwise in writing. Any payment
received from the Customer will only be deducted from the invoice amount after
all due costs and interest has been paid for, regardless whether the Customer
states that the payment is related to a specific invoice.
7.5 Vondels reserves
title to and remains the owner of any purchased goods until payment of the
invoice and any costs is received in full. Vondels shall have absolute authority
to retake or sell all or any part of the goods in which the title remains
vested in Vondels.
8
Suspension, dissolution and termination
8.1
Vondels is entitled to terminate the Agreement and
suspend its obligations thereunder with immediate effect and without liability in
the event that the Customer files for or is granted suspension of payment or
petitions for insolvency or bankruptcy or is declared insolvent or bankrupt, the
Customer’s business is liquidated, discontinued or terminated other than for
the purposes of a merger, a substantial part of the Customer’s assets or the
infrastructure used for performance of the agreement is attached or if the Customer
can no longer be considered capable of fulfilling the obligations under the
Agreement. Customer is obliged to notify Vondels immediately about the occurrence
of these events.
8.2
Whenever the Customer fails to meet its
obligations under the Agreement in any way, included but not limited to failing
of payment and/or acceptance of delivery, all claims of Vondels on the Customer
will be immediately due and payable. In that event, Vondels also has the right
to suspend all its possible obligations towards the Customer and to dissolve
the Agreement, without notice of default.
8.3
In case of suspension, termination or dissolution
of the Agreement, Vondels stays entitled to all payments due and all suffered
losses and is not obliged to pay compensation for any damages of the Customer.
9
Liability and indemnification
9.1
Any liability of Vondels for a damage causing event,
whereby a series of events is regarded as a single event, is limited to direct loss
and to a maximum of the price of the goods that are stipulated in the Agreement,
excluding VAT and/or other levies.
9.2
Direct loss exclusively means: the reasonable
costs that the Customer has incurred in order to oblige Vondels to the terms of
the Agreement. Liability in the sense of indirect and all other forms of loss other
than as referred to as direct loss is explicitly excluded.
9.3
Vondels will not be held liable for any losses until
it is given proper notice of default by a registered letter that grants a
reasonable period to Vondels for the fulfillment of its obligations under the Agreement and
Vondels fails to do so within this reasonable period.
9.4
A right to compensation arises only if Vondels
is given a specific and detailed notification in writing of the damage or loss
suffered as soon as possible after it becomes known to the Customer and in any
event within six (6) weeks of it being established.
9.5
Vondels is not liable for any loss or damage as the
result of following directions or instructions given by any public authority
(in the jurisdiction of Vondels or the Customer).
9.6
Vondels is not liable for damages of any kind
that are the direct or indirect result of the submission of incorrect and/or
incomplete information received from the Customer
9.7
The Customer indemnifies Vondels for all claims
for compensation by third parties.
10 Force
Majeure
10.1 Neither
party is obliged to fulfil any of the obligations of the Agreement if hampered
from doing so by force majeure. Force majeure on the part of Vondels includes
but is not limited to: failure in the performance of obligations by its
suppliers or other third parties, governmental regulations/restrictions by law or
other measures, import/export regulations, embargoes, strikes, lock outs or
other industrial actions, tempest, fire, frost, floods, explosion, (Inter)national
disease, virus outbreak, terrorist attacks or acts of war.
10.2 If the
condition of force majeure persists for more than sixty (60) days, the other
Party will have the right to terminate the Agreement with immediate effect by a
registered letter, without any obligation of either Party to pay for the loss
of the other Party. Any activities already performed under the Agreement will
be settled by the Parties pro rata.
11 Intellectual
property
11.1 All
intellectual property rights related to the purchased goods and the company of
Vondels, including but not limited to trademark rights, copyrights, design
rights, model rights, patent rights and tradenames are held by Vondels (or its
suppliers). The Agreement does not lead to any transfer or licensing of these
rights.
11.2 The
Customer is forbidden to use the intellectual property rights mentioned in this
article, such as the reproduction and modification of the purchased goods,
without prior written permission from Vondels.
11.3 In the
event of infringement of an intellectual property right, the Customer will owe
an immediately payable penalty of € 10,000 (ten thousand Euros) for each separate
infringement and for each day that such an infringement continues, notwithstanding
the right of Vondels to claim full compensation for damages.
11.4 Unless
agreed otherwise, Vondels is entitled to include a logo or trademark from the
Customer to list the Customer as a reference on Vondels website.
12.1 Parties
will treat all information of each other's organization and all other
information that the Parties know or should know to be of a confidential nature
as strictly confidential. Except with the other Party's prior written
permission, neither Party will make information about the other Party available
to third parties or to its employees except insofar as this is required in
order to perform under this Agreement.
13 Miscellaneous
13.1 If a
provision of the Conditions is deemed invalid, nullified of nonbinding, the
remaining provisions will stay in full force and effect and Parties will consult
each other to agree on a new provision that retains the purpose of the invalid,
nullified or nonbinding provision as much as possible.
13.2 If and
insofar as there is any inconsistency between these Conditions and an Agreement,
the provisions of the Agreement will prevail.
13.3 If Vondels
delivers any goods that are not included in the order, the Customer is obliged
to return these goods as soon as possible to Vondels or accept these goods as
purchased under an Agreement, in which case the Customer has to pay the relevant
(listed) price of these goods to Vondels within eight (8) days.
14 Applicable
law and jurisdiction
14.1 Any Agreement
or offer thereto is governed by Dutch law (the laws of The Netherlands).
14.2 Disputes
arising from or in relation to the Agreement (including these Conditions) shall
be exclusively brought before the competent court in Amsterdam, The
Netherlands.