General terms and conditions Koop3mmc.nl

Koop3MMC.nl is part of and is registered with the Chamber of Commerce under number and is located at Thomas R. Malthusstraat 1, 1066 JR Amsterdam.

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

Offer: Any written offer to the buyer to supply products by the seller to which these terms and conditions are indissolubly linked;

General terms and conditions: the present general terms and conditions of the seller.

Reflection period: the period within which consumers can exercise their right of withdrawal;
Company: The natural or legal person acting in the exercise of a profession or business.
Consumer: The natural person not acting in the exercise of a profession or business who enters into a distance contract with Seller;
Day: calendar day;
Durable data medium: Any means that enables consumers or businesses to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Copper: The company or consumer entering into a distance contract with the seller;
Agreement: The distance sales contract which extends to the sale and delivery of products purchased by the buyer from the seller.
Products: The products offered by seller are chemicals for pharmaceutical purposes.
Vendor: The provider of products to buyer.

Article 2 - Applicability

These general terms and conditions apply to the seller's offer and to the distance contract and order concluded between the seller and the buyer.
Accepting an offer or buying a product implies that the buyer has accepted the seller's terms and conditions.
These general terms and conditions also apply to additional, amended and follow-up agreements with the buyer. Any general and/or purchase conditions of the buyer are expressly rejected.
If provisions of these general terms and conditions are at any time partly or wholly void or annulled, the agreement and the other provisions of these general terms and conditions shall remain in force. The provision in question will be replaced without delay by mutual agreement by a provision that approaches the purport of the original provision as much as possible.

Article 3 - The offer

The offer is non-binding, unless expressly stated otherwise in writing. The seller is entitled to change and adjust the offer. The seller is only bound by the offer if the buyer has placed an order. Nevertheless, the seller has the right to refuse an agreement with a potential buyer for a reason justified to the seller.
If an offer has a limited period of validity or is made under specific conditions, this will be explicitly stated in the offer.
The offer is only for buyers who are 18 years or older.
The offer contains a complete and accurate description of the products offered with corresponding prices. The description is sufficiently detailed to enable the buyer to make a proper assessment of the offer. Any images are a true representation of the products offered. Obvious mistakes or obvious errors in the offer are not binding on the seller.
Any pictures and specifications in the offer are only an indication and cannot be a reason for any compensation or dissolution of the agreement. The seller cannot guarantee that the colours in the image exactly match the real colours of the product.

Article 4 - The agreement

The agreement comes into effect at the time of acceptance of the offer by the buyer and fulfilment of the conditions set out thereby.
If the buyer has accepted the offer electronically, the trader shall confirm receipt of acceptance of the offer electronically without delay.
If and to the extent required for the proper execution of the agreement, the seller shall be entitled to have certain work performed by third parties at its own discretion.
The buyer shall ensure that all data, which the seller indicates are necessary or which the buyer should reasonably understand are necessary for the execution of the agreement, are provided to the seller on time. If the data required for the execution of the agreement are not provided to the seller in time, the seller shall be entitled to suspend the execution of the agreement. The seller may inform himself - within legal frameworks - about the buyer's ability to fulfil his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the remote agreement, If the buyer, on the basis of this investigation, has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution, while giving reasons.
The seller shall not be liable for damage, of whatever nature, caused by the seller having relied on incorrect and/or incomplete data provided by the buyer, unless such incorrectness or incompleteness was known to the seller.
The buyer indemnifies the seller against any claims by third parties, who suffer damage in connection with the execution of the agreement and which is attributable to the buyer.
The seller is not bound by an offer if the buyer could reasonably have expected or should have understood that the offer contains an obvious mistake or slip of the pen. The buyer cannot derive any rights from this mistake or slip of the pen.
The right of withdrawal is excluded for the buyer being a company. The buyer being a consumer is entitled to assert its right of withdrawal within the statutory period. If revocation applies, the buyer shall handle the product and its packaging with care. It shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The direct costs of returning the product shall be borne by the buyer.
If the consumer wishes to exercise the right of withdrawal, he is obliged to make this known 14 days after receipt of the product. The consumer must make this known by sending an e-mail to (e-mail address). After the consumer has made this known, the consumer must return the product within 14 days and prove that the delivered goods were returned in time, for example by means of a proof of shipment.
If the consumer has paid an amount, the seller will refund this amount as soon as possible, but at the latest within 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly authorises a different payment method.
Products that cannot be returned due to a limited shelf life (hygienic reasons, customisation, etc.) whose seal has been broken after delivery are excluded from the right of withdrawal. This is explicitly stated in the offer.

Article 5 - Delivery and execution

Delivery times and deadlines stated in the seller's offer are indicative and, if exceeded, do not entitle the buyer to rescission or damages, unless expressly agreed otherwise.
If the delivery deadlines as stated in the seller's offer are exceeded, this does not automatically mean that the seller is responsible for any dissolution of the agreement or damages, unless expressly agreed otherwise. However, if the exceeding of the delivery period is so significant that it becomes unreasonable for the buyer to maintain the agreement, the buyer has the option to rescind the agreement. In such cases, the buyer has the right to rescind the agreement if it is necessary.
If the products are delivered by the Seller or an external carrier, the Seller shall be entitled to charge any delivery costs, unless otherwise agreed in writing. These will then be invoiced separately unless expressly agreed otherwise.
The seller undertakes to the buyer to package the goods to be delivered properly and to secure them in such a way that they reach their destination in good condition during normal use.
Unless otherwise agreed in writing, all deliveries are inclusive of sales tax (VAT), packaging and packaging materials.
Furthermore, it should be noted that the seller is not responsible for the loss of a package or any customs intervention after the package leaves our facility. In such cases, the seller cannot be held liable. In such situations, it is advisable to consult the specific terms and conditions of the agreement between the buyer and seller to understand the rights and possible remedies in case of losses or customs delays.

Article 6 - Examination and obligation to complain

Purchaser has the obligation to examine and inform himself how the product is to be used and, upon delivery, to examine whether the products comply with the agreement. If this is not the case, the buyer must report the complaints to the seller as soon as possible, but no later than 14 days after delivery, or at least after observation was reasonably possible, stating reasons, via (e-mail address).
Complaints submitted to the seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the seller will respond within the 14-day period with an indication of when the consumer can expect a more detailed answer.
Refunds to the buyer will be processed as soon as possible, but payment may take up to 30 days after receipt of the return. Refunds will be made to the account number previously provided.
In the absence of a complete delivery, and/or if one or more products are missing, and this is attributable to the seller, the seller will, after a request to that effect by the buyer, either send the missing product(s) or cancel the remaining order.

Article 7 - Price

During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the seller may offer products whose prices are linked to fluctuations in the financial market and which are beyond the entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be stated with the offer.
Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
- These result from statutory regulations or provisions; or
- The consumer has the power to terminate the agreement from the day on which the price increase takes effect.
The prices mentioned in the offer of products include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 8 - Payment

The buyer shall make payment in a lump sum to the seller's account number and details made known to it.
The consumer has a duty to immediately report inaccuracies in payment details provided or mentioned to the seller.
In case of non-payment by the consumer, subject to legal restrictions, the seller is entitled to charge the reasonable costs made known to the consumer in advance.
In the event of liquidation, bankruptcy, attachment or suspension of payments of the buyer, the seller's claims against the buyer shall be immediately due and payable.
If the buyer does not or not fully comply with the (payment) obligations under the agreement, the seller is authorised to suspend the fulfilment of the obligations or to dissolve the agreement.

Article 9 - Retention of title

Ownership of the products is not transferred until the buyer has fulfilled all the following obligations from all agreements concluded with the seller.
The buyer is not authorised to pledge or otherwise encumber the goods subject to retention of title if ownership has not yet been transferred in full.
If third parties seize the goods delivered under retention of title or wish to establish or enforce rights to them, the Buyer shall be obliged to inform the Seller thereof as soon as may reasonably be expected.

Article 10 - Conformity

The seller shall take all measures reasonably to be expected of it to ensure the quality and soundness of its seller, but does not guarantee the existence of any defects in the delivered goods.
The seller's guarantee period corresponds to the manufacturer's guarantee period. However, the seller is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:

The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the seller's instructions and/or on the packaging;
The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.

Article 11 - Rules of use

Buyer of products must follow seller's safety regulations and instructions and observe warnings.
Buyer should not use the product for consumption and/or household use and products should be kept out of the reach of children and animals and people who are less responsible at all times.

Article 13 - Liability

The seller cannot be held responsible for damage resulting from use of delivered products.
If the performance of the agreement by the seller leads to the seller's liability towards the buyer or third parties, such liability shall be limited to the costs charged by the seller in connection with the agreement unless the damage was caused by intent or deliberate recklessness.
Seller is not liable for consequential damage, indirect damage, loss of profit, missed savings and damage resulting from the use of the delivered products is excluded. For consumers, a limitation applies in accordance with what is allowed under Article 7:24 paragraph 2 of the Dutch Civil Code.
Seller is not liable when using the product for purposes other than research purposes.

Article 14 - Force majeure

In the event of force majeure, the seller may suspend performance of the agreement or dissolve the agreement without judicial intervention. This shall be done by notifying the buyer in writing and without the seller being liable for compensation, unless this is not acceptable according to the standards of reasonableness and fairness.
Force majeure means any shortcoming that cannot be attributed to the seller because it is not due to its fault and is not for its account by virtue of the law, legal act or generally accepted practice.

Article 15 - Disputes

Agreements between the seller and the buyer governed by these general terms and conditions shall be governed exclusively by Dutch law.
The Vienna Sales Convention is expressly excluded.

General terms and conditions Koop3mmc.nl

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