Delivery and payment conditions
These general terms and conditions have been filed with the Chamber of Commerce Amsterdam. They replace the previously filed conditions.
1.1 All agreements with Natural Straw Company, Joe’s Heroes (hereinafter “Joe’s Heroes”) are subject to the following conditions, unless agreed otherwise. Joe’s Heroes does not accept any (delivery) conditions from the customer / client unless explicitly agreed otherwise in writing.
1.2 The agreement is established by placing a written or oral order with Joe’s Heroes and the acceptance thereof by Joe’s Heroes. The buyer accepts these terms and conditions by his oral or written order or request. An order or request is deemed to have been accepted by Joe’s Heroes to the extent that it has not expressly stated otherwise to the contrary within fourteen days of receiving the order or request.
2.1 The offers made by Joe’s Heroes are without obligation, unless explicitly stated otherwise. The offer price is valid for thirty days, unless stated otherwise. Offers are based on data provided by the other party with the possible order or request of the accuracy of which Joe’s Heroes may assume. The contents of brochures, brochures and price lists are subject to change and do not bind Joe’s Heroes.
2.2 The provisions in article 1 and in this article also apply to the offers and commitments made by our representatives / agents or other persons, including the agreements made by them.
3.1 Payment of invoices must, unless otherwise agreed in writing, be made without deduction or discount within 30 days after the invoice date and in the manner indicated by Joe’s Heroes in the invoice and in the currency indicated there. Payment discounts only apply if they are stated on the invoice or otherwise agreed in writing.
3.2 The 30-day period is a strict deadline. In the event of late payment, the buyer / client is therefore also in default without notice of default.
3.3 Without prejudice to the consequences that the Civil Code imposes on default, Joe’s Heroes is entitled to reimbursement of the costs of extrajudicial legal assistance which are fixed at 15% of the principal sum, with a minimum of € 30 ,– (exclusive of VAT).
3.4 The payments made by the other party always serve first to settle all interest and costs owed and secondly to due and payable invoices that have been outstanding the longest, even if the other party states that the payment relates to a later invoice.
3.5 The other party may not settle a debt from this agreement with any claim against Joe’s Heroes.
3.6 Joe’s Heroes reserves the right at all times to demand security for payment or advance payment, whereby fulfillment of its obligations can be suspended until the requested security has been provided.
3.7 Goods delivered remain the property of Joe’s Heroes until full payment, also of the items referred to in art. 2.3 mentioned costs has taken place.
4. Complaints / returns
4.1 Complaints about delivered goods or services and / or objections to invoices must be submitted in writing to Joe’s Heroes within 14 days after the invoice date. Complaints or objections submitted do not suspend the payment obligation.
4.2 Return shipments will only be accepted – after permission from Joe’s Heroes – if the provisions of art. 3.1, the goods are undamaged and are returned with due speed in the original packaging.
5. Prices of the products and services to be supplied by Joe’s Heroes
5.1 The sales price mentioned by Joe’s Heroes is based on its purchase price and other cost factors. If one of these cost price items is increased after confirmation of the order but before the goods are transferred, Joe’s Heroes has the right to pass on the increase to the buyer.
5.2 Without prejudice to the general applicability of this clause, it applies in particular to a change in import or export duties or other duties or taxes following confirmation of the order and to a change in the exchange rate of the Euro against the foreign currency where Joe’s Heroes purchased the goods.
5.3 If sold at a fixed price, as well as in the cases referred to in the preceding paragraphs of this article, Joe’s Heroes has the right to cancel the sales agreement / order if the buyer has lodged a written objection within ten days against the further specified by Joe’s Heroes price.
5.4 Joe’s Heroes is entitled to adjust the prices of the products and services to be supplied by Joe’s Heroes annually based on the Consumer Price Index (CPI) of the CBS, series of all households.
5.5 Joe’s Heroes is also entitled to unilaterally raise prices. Joe’s Heroes informs the other party in writing at least one month before the changes take effect.
5.6 Joe’s Heroes can terminate a delivery in writing with immediate effect, if the other party fails to fulfill its obligations, comes into liquidation, applies for a moratorium, if an application for bankruptcy of the subscriber / other party has been submitted, or if he completely or partially discontinues or terminates his business.
5.7 The buyer is not permitted, without prior written permission from Joe’s Heroes, to transfer rights and / or duties he has with regard to Joe’s Heroes to a third party. Joe’s Heroes can transfer its legal relationship to the customer and the individual rights and / or obligations that Joe’s Heroes derives from that legal relationship to a third party.
6.1 The liability of Joe’s Heroes for damage – including but not limited to damage caused by inaccuracy, unlawfulness or incompleteness or delay in topicality of the information in the broadest sense of the word as issued by Joe’s Heroes – that the other party suffers because Joe’s Heroes (or a person for whom she is liable by law) fails to comply with this agreement or commits an unlawful act in connection with the implementation of this agreement, is excluded.
6.2 Art. 6.1 does not apply to damage resulting from intent or gross negligence on the part of Joe’s Heroes or any person for whom she is legally liable. The liability for such damage is limited to liability for direct damage to property and direct damage due to death or injury and furthermore limited to the invoice value.
6.3 Under the terms of art. 6.2 said information is in any case also (but certainly not exclusively) understood to mean the content of advertisements and / or publications prescribed by law or to natural or legal persons, insofar as they have been compiled by (a) person (s) other than Joe’s Heroes.
6.4 Any liability of Joe’s Heroes and of the persons for whom Joe’s Heroes is responsible is in all cases limited to at most the invoice value of the part of the agreement from which the liability arises.
7.1 All intellectual property rights relating to the goods and works supplied by Joe’s Heroes, including copyrights, trademark rights and any rights under the Directive 96/9 / EC on the legal protection of databases, are vested in Joe’s Heroes. Insofar as not explicitly and unambiguously permitted by Joe’s Heroes or by law, nothing from the goods or publications issued by Joe’s Heroes may be made public in any way or reproduced, including the storage in any automated file. Without prejudice to his liability to Joe’s Heroes for damage caused by the breach of his obligations, the buyer is obliged to stipulate from those to whom he makes available works, whether or not temporarily and in whatever way, by Joe’s Heroes that the works published in the obligations referred to in this article if his accepts and will impose (each time) on third parties by way of chain clause.
7.2 The other party is not permitted to remove or change any indication regarding copyright, brands, trade name or other rights of intellectual or industrial property from (software) material.
8. Limitation / lapse
All legal claims against Joe’s Heroes, including claims for compensation, expire and / or lapse after one year after the claim / claim in question has arisen.
Changes, additions or changes to the agreement and the general terms and conditions are only valid if they have been laid down in writing and signed by both parties.
10. Partial invalidity
If a provision from the agreement and / or the general terms and conditions appears to be invalid, this does not affect the validity of the entire agreement. Parties will adopt (a) new provision (s) to replace, as much as legally possible, the purpose of the original agreement.
11. Disputes and applicable law
11.1 All disputes with regard to the establishment, the interpretation or the implementation of an agreement with Joe’s Heroes are submitted exclusively to the competent court in Maastricht. If this is a court other than the legally competent court, Joe’s Heroes gives the client / buyer a period of one month after Joe’s Heroes has invoked this clause in writing, to opt in writing for the dispute to be settled by the legally competent court.
11.2 Dutch law applies to the agreement, the interpretation and the implementation thereof.
11.3 The other party indemnifies Joe’s Heroes against all claims from third parties in connection with this agreement. The indemnity also relates to all damages and costs that Joe’s Heroes suffers or incurs in connection with such a claim.
12.1 The goods to be delivered or processed by Joe’s Heroes must be delivered on time and free of charge to the address of its warehouse / expedition in Maastricht or depots to be designated by Joe’s Heroes at their choice, accompanied by a receipt or bill of lading. Joe’s Heroes only accepts responsibility if this receipt or letter has been validly signed by Joe’s Heroes and is not liable for the content of the goods received or for hidden defects. In the case of non-free delivery, paid freight costs are charged to the client, without prejudice to Joe’s Heroes’ right to refuse non-free delivery.
12.2 Agreed delivery terms only apply to Joe’s Heroes if and insofar as the goods to be processed or delivered are delivered to Joe’s Heroes at the agreed time and place. If, as a result of late delivery, the delivery of an assignment within the agreed period can only be carried out by engaging additional transport, overtime and / or express orders, Joe’s Heroes will be entitled to do so without prior consultation with the client and the any additional costs incurred for this will be borne by the client. In the event of late delivery, Joe’s Heroes is also entitled to further determine the date of execution. The client must check the timely delivery of goods to Joe’s Heroes.
13. Delivery time
13.1 The delivery times specified by Joe’s Heroes are without obligation and are approximate.
13.2 Delivery or execution of orders takes place within the normal applicable time, unless agreed otherwise. If an assignment must be speeded up at the request of the client, the overtime and other possible additional costs incurred for this may be charged. The time of delivery is always the date on which the material is delivered by DP’s or DPD’s delivery service to DPD and never the date of receipt by the addressee.
14. Right to refuse
The client guarantees Joe’s Heroes that the content and packaging of the delivered goods does not violate the legal or other applicable conditions or specific regulations and indemnifies Joe’s Heroes against third parties for this. Joe’s Heroes has the right to refuse the execution of an assignment if the goods are found not to meet the applicable standards, without being liable for damages towards the client or third parties. In the latter case, the client is obliged to retrieve the goods on first request and to reimburse the costs incurred by Joe’s Heroes.
15. Liability and insurance
15.1 Among the damage for which Joe’s Heroes pursuant to art. I.5.1 and I.5.2 are not liable, also includes any damage with regard to the goods taken into storage, whatever their name and from whatever cause arise. With regard to the timely delivery of the goods to be distributed, any liability arising from art. I.5.1 and I.5.2 of Joe’s Heroes limited to the amount of the work to be performed by Joe’s Heroes with regard to the relevant delivery.
15.2 Delays in the transport provided by Joe’s Heroes, due to force majeure, are at the expense of the client.
15.3 Goods are stored and travel for the risk of the client. The goods to be processed or delivered can be insured against theft, fraud, loss, loss and / or damage at the request and at the expense of the client through the intervention of Joe’s Heroes. 6.4 Joe’s Heroes accepts no liability for the accuracy of the information collected by Joe’s Heroes regarding postal regulations.
16. Minimum order amount / order numbers
In connection with the fixed costs associated with taking care of a shipment, a minimum order amount is invoiced for small numbers / invoice amounts for catering and wholesale.
17. Extra postage costs
If the goods to be sent cannot be sent at the rate that was previously assumed and it is necessary to pay more postage, Joe’s Heroes is entitled to decide this without intervention of the client and to charge the extra costs.
18. Cancellation or change of assignment
18.1 If an order is canceled by the client for any reason within a period of 14 days prior to the agreed start date of delivery, dispatch or execution, Joe’s Heroes has the right over the costs already incurred, including costs of third parties, at least 10 % of the original amount to be invoiced, without prejudice to the possibility to charge further cancellation damage if and insofar as suffered.
18.2 If the client wishes to deviate within a period of 8 working days from a delivery date already planned by Joe’s Heroes on his instructions, Joe’s Heroes will charge a standard expense allowance of € 80 if it wishes to comply with that deviation. excluding VAT per case.Any reservations made in vain will also be charged extra.
Natural Straw Company, Joe’s Heroes | Albert Cuypstraat 211-2 | 1073BG NL