General Terms and Conditions
The terms “we”, “us”, “our”, and “ours” refer to & Klevering Ws B.V. The terms “you”, “your”, and “yours” refer to the party, excluding consumers, buying products from us. The term “order” means a product order you place with us.
1. Reselling our products
1.1 Permitted sales to consumers. You may sell our products to consumers through your own website, provided the domain name makes clear that you are the seller. You may sell our products to consumers in your own physical stores, provided the name of the store makes clear that you are the seller.
1.2 Permitted sales to businesses. You may sell our products on a project basis to businesses such as architects, interior stylists, and project developers. You may sell our products to businesses who are end-customers of our products such as hotels, hospitality establishments, and care organizations.
1.3 No other sales permitted. Except as expressly permitted under this clause 1, you are not allowed to sell our products. For example, you may not sell our products on the online platform of a third party or to businesses that are not end-customers of our products.
2. Prices
2.1 Price list. Our price list includes recommended resale prices. We may change or price list at our option.
2.2 Taxes. Our prices do not include VAT and other taxes and levies.
2.3 Price changes. We will pass on price increases to you if they are caused by a change in an applicable law or regulation or by some other circumstance that affects the cost price of our products. In this case, we will inform you at least 14 days in advance.
3. Payment
3.1 Invoice. You can find the payment details on our invoice. Our invoice lists all charges you owe us.
3.2 Payment term. You agree to pay correct invoices within 30 days from receipt. Unless otherwise agreed.
3.3 Credit cards. If you pay with credit card, a 5% charge applies which we will pass on to you.
3.4 Late payments. For late payments we will charge you an interest rate of 1,5% per month.
3.5 Advance payment. At any time, we may require you to make an advance payment on an order and suspend the processing of this order until we have received this payment.
3.6 Full payment needed for ownership transfer. We remain owner of the products until you have paid the order in full.
4. Placing orders
4.1 Quotes. Our quotes are only valid for 30 days from receipt.
4.2 Placing an order. An order is only valid if you place it with one of our sales representatives or through our B2B portal (https://www.kleveringb2b.com/), and only after you have received a written order confirmation from us.
4.3 Checking the order. It is your responsibility to inform us about mistakes in the order within 48 hours from receiving the order confirmation.
5. Cancelling orders
5.1 Cancelling an order for stock products within 48 hours. For cancelling an order for stock products during the first 48 hours of receiving the order confirmation, you do not owe us a cancellation fee. The term “stock products” means the products in our standard collection.
5.2 Cancelling an order for stock products after 48 hours. For cancelling an order for stock products after the first 48 hours from receiving the order confirmation, you owe us a cancellation fee. This cancellation fee consists of 20% of the order value plus any related third-party charges we were unable to recover.
5.3 Cancelling an order for customized products. For cancelling an order for customized stock products, you owe us a cancellation fee. This cancellation fee consists of 100% of the order value plus any related third-party charges we were unable to recover. The term “customized products” means products which are in some way made or modified to your specifications.
5.4 Failing to pick up an order. If we agree with you that you will pick up the order and you fail to do so within 60 days from the moment we make it available for pick up, we see this as a cancellation of your order for which you owe us a cancellation fee. This cancellation fee consists of 100% of the order value plus any related third-party charges we were unable to recover.
6. Delivering an order
6.1 Standard delivery. Unless agreed otherwise, we deliver under the following terms:
a. The order is Delivered at Place (Incoterms 2020).
b. We decide where the order is shipped from.
c. The delivery location you chose has to be a shop or warehouse.
d. We will deliver the order on a work day (excluding weekends and bank holidays) during normal working hours. All our delivery dates and times are by approximation.
e. We do not charge you for delivering to a location within the Netherlands, Belgium or Luxembourg. For all other delivery locations, a delivery charge is passed on to you.
f. We do not charge you for delivering a backorder to a location within the Netherlands, Belgium or Luxembourg with an order value of €300 or more. A delivery charge is passed on to you when the backorder value is below the listed value. For delivering a backorder to all other delivery locations, a delivery charge is passed on to you.
6.2 Pick-up. We can agree with you that you will pick up the order. In this case, the following terms apply:
a. The order is delivered Ex Works (Incoterms 2020).
b. We decide from which location you can pick up the order.
c. You have to pick up the order within 14 days from the moment we make it available for pick-up. Failing to do so (in time), means you owe us a storage charge of EUR 50 per week until the order is picked up or cancelled.
6.3 Delivery information. You have to provide us with all relevant information about the delivery location (e.g. the maximum size of the transport, the availability of people and machinery to help with offloading, and opening hours). All information necessary for delivery to your firm, including any additional details deviating from standard deliveries. In the event that delivery cannot reasonably be fulfilled due to any reason, despite adherence to the protocol, resulting in non-delivery, charges may be incurred.
7. Conformity
7.1 Warranty. We promise that the products comply with the agreement and the accompanying product information. The warranty period is 2 years. However, the warranty automatically becomes void if you modify the products or have them modified without our prior written consent.
7.2 Non-conformity. You have 8 days from the moment you received the order to inform us of any non-conformities. If you fail to do so (in time), you automatically accept the order. If you timely report a non-conformity and we agree with your assessment, we may chose to either replace the non-conform products or refund you a prorated portion of the order value.
8. Liability
8.1 Liability. Our liability is limited to liability that cannot be excluded under applicable laws and regulations. We exclude all other liability. Our residual liability is limited to the value of the order that gave rise to the claim. The exclusions and limitations in this clause apply regardless of the legal basis of the liability and to the extent permitted under applicable laws and regulations.
8.2 Expiration of a claim. A claim has to be brought to us in time. If a claim is not brought to us in time, it automatically expires. A warranty claim is subject to clause 7. For all other claims, you have 12 months from the moment the event occurred that gave rise to the claim.
8.3 Force majeure. We may terminate all or part of an agreement with you without further liability if we are unable to perform any of our obligations because of force majeure (as meant in article 75 of Book 6 of the Dutch Civil Code) for 14 days or more.
9. Other terms
9.1 Our contact details. All notices to us have to be made in writing. Our contact details are:
& Klevering Ws B.V.
Asterweg 15E
1031 HL Amsterdam
The Netherlands
Registration number 34190537
VAT number NL811737779B01
EORI number NL811737779
sales@klevering.nl
9.2 Applicability. These terms and conditions apply to all agreements between you and us and to all products you purchase from us. We expressly reject your general terms and conditions.
9.3 Modifications. We may change these terms and conditions from time to time by publishing them on our website. Changes to these terms and conditions take effect after 14 days from the publication date.
9.4 Keeping us informed. We depend on you to provide us with all information we need from you to properly and timely perform our obligations. We trust that the information you provide us is correct and complete. If we cannot properly or timely perform our obligations because:
a. you did not provide the necessary information,
b. you did not provide the necessary information in time, or
c. the information you provided is in some way incorrect or incomplete,
you carry the consequences of our non-performance.
9.5 Intellectual and industrial property rights. We and our licensors retain all our intellectual and industrial property rights.
9.6 Applicable law and jurisdiction. These general terms and all orders are governed exclusively by Dutch law. Disputes arising out of or relating to these general terms and conditions or any order must be brought before the competent court in the city of Amsterdam, The Netherlands. This court has exclusive competence. However, we reserve the right to bring the dispute before a competent court in the jurisdiction where you have your principal place of business.
Last updated: 25-04-2024
