CONDITIONS IMGRO INTERNATIONAL B.V. HILLEGOM (28098021)
1. Definitions
for the purposes of these general terms and conditions:
User: the Ltd IMGRO INTERNATIONAL B.V., having its registered office and principal place of business in 2181AA HILLEGOM at Einsteinstraat 7 (trade register file number 28098021).
Customer: any natural or legal person who enters into or has entered into an agreement with user.
Agreement: any agreement under which the user delivers goods and/or rights, including rights of use, and/or provides services to the customer.
2. Applicability
2.1 These general terms and conditions are applicable to all offers made by the user and to every legal relationship between the user and the customer.
2.2 This version of the general terms and conditions replaces earlier versions of the general terms and conditions.
2.3 The terms and conditions used by the customer are not applicable.
2.4 User is entitled to amend these general terms and conditions unilaterally. Amendments will take effect one month after publication or further specified date by means of a written notice or a notice on the User's website. If the customer does not wish to accept amendments to the general terms and conditions, he shall be entitled to terminate the agreement by registered letter as of the date on which the amended terms and conditions take effect; after the date on which the amendments take effect, the customer shall be considered to have tacitly accepted the amendments.
3. Offers and price
3.1 All offers made by the user are without obligation, user is at all times entitled to revoke offers.
3.2 Every description is intended as an indication without the goods having to comply with it.
3.3 All prices are exclusive of turnover tax and other government levies.
4. Delivery
4.1 If mentioned, a delivery period will only be considered as a guideline or indication. The customer cannot derive any rights from a delivery period unless explicitly agreed otherwise in writing.
4.2 The customer is obliged to check the goods for defects immediately after delivery.
4.4 The customer can no longer rely on the fact that the delivered goods do not comply with the agreement if the customer does not inform the user of this in writing within fourteen days after delivery.
5. Risk
5.1 The risk of the goods will pass to the customer after the user has attempted to deliver the goods to the address indicated by the customer.
5.2 If the goods are transported by or on behalf of the customer, the risk will pass to the customer as soon as the goods are out of the user's control.
5.3 The risk will also pass to the customer after the user has informed the customer that the goods will be kept at the customer's disposal by the user or third parties.
6. Payment
6.1 Unless otherwise agreed in writing, the term of payment is fourteen (14) days from the invoice date.
6.2 In the absence of payment within the term of payment, the customer shall be in default without further (written) notice of default.
6.3 After expiry of the term of payment, the customer shall owe two percent (2%) interest per month on the outstanding amount.
6.4 After expiry of the term of payment, the user shall be entitled to take extrajudicial collection measures without further (written) notice of default or notification. The user shall be entitled to recover the costs involved in such measures from customer. The extrajudicial costs are set at fifteen percent (15%) of the amount due, unless these costs are higher.
6.5. After expiry of the term of payment, the user shall be entitled to take legal measures without further (written) notice of default or notification. The user shall be entitled to recover the costs involved in such measures in full from the customer, i.e. in deviation from any fixed legal costs compensation arrangement.
7. Imputation and settlement
7.1 Payments always serve in the first place to pay any costs owed, in the second place to pay the interest due for late payment and in the last place to pay due and payable invoices that have been outstanding the longest, even if the customer states that the payment relates to a later invoice.
7.2 Settlement of any claim the customer may have against the user is excluded.
7.3 The customer is not permitted to encumber or dispose of any claim that the customer may have against the user without the user's prior written consent.
8. Fine
8.1 In the event of any shortcoming in the fulfilment of any obligation the customer has towards the user, the customer shall forfeit, without further notice or notice of default being required, an immediately payable penalty not subject to mitigation equal to twenty percent (20%) of the monetary value of the obligation.
9. Retention of title
9.1 The user retains ownership of the goods until the agreed price for these goods has been paid in full.
9.2 Until the agreed price has been paid in full, the customer is not permitted to dispose of delivered goods or to encumber them in any way.
10. Liability
10.1 The user's liability is limited to direct, material damage caused by a shortcoming attributable to user, and to a maximum amount equal to the total amount paid to the user by the customer on the basis of the agreement.
10.2 In the event of a shortcoming in the execution of an agreement with the user that is attributable to it, the user will never be liable for any indirect or consequential damage suffered by the customer, including but not limited to loss of profit, turnover, lost income, and will therefore not be obliged to pay any compensation for this type of damage.
10.3 Damage for which the user can be held liable must be reported in writing to the user as soon as possible, but no later than fourteen (14) days after it has occurred. Damage that has not been reported within that period will not qualify for compensation.
11. Termination
11.1 The user is at all times entitled to terminate the execution of an agreement or to terminate it if at any time it appears that the customer continues to fail to fulfil his obligations towards the user, even if this concerns obligations on the part of the customer under an agreement other than the one of which the user terminates or suspends the execution.
11.2. The user has the right to terminate the agreement with immediate effect, without judicial intervention and without notice of default being required, if the customer is declared bankrupt, is in suspension of payments, has applied for bankruptcy or provisional suspension of payments, or wishes to make an arrangement with its creditors in order to turn it around, if there is an attachment, if the customer is placed under administration, if the debt rescheduling of natural persons is applied for or if he otherwise loses the power of disposal over his assets or parts thereof.
12. Disputes
12.1 The legal relationship(s) between the user and the customer are governed by Dutch law.
12.2 Disputes arising from the legal relationship(s) between the user and the customer will exclusively be submitted to the Court of Haarlem. Notwithstanding the foregoing, the user will remain free to submit disputes to the court competent according to the law.
13. Repair and maintenance
13.1 IMGRO Beauty provides a warranty of 2 weeks after completion of a repair. This guarantee does not include IMGRO's and the customer's travel and/or transport costs required to complete the repair. This warranty period commences at the time the product is delivered to the customer.
No guarantee is given on cleaning or maintenance, as well as on repairs carried out on products with lightning, water, moisture or dirt damage, unless explicitly stated otherwise on the repair coupon. Products that have been taken in for repair where an improper amount of water, moisture or dirt is found will be offered to the customer for assessment before repair so that a statement of price in consultation and in all fairness can be compiled.
13.2 When complaints return within 2 weeks after delivery of the repaired product, IMGRO BV shall offer a statement of the price for a new repair.
13.2.1 In the event of the same cause of complaint, only those parts that were not replaced during the previous repair will be charged.
13.2.2 If it appears that the cause of the complaint is different from that of the previous repair, the costs of the new repair will be charged to the client.
13.2.3 The provisions of this article do not apply insofar as the customer can claim dissolution of the agreement in the event of a serious shortcoming in a previous repair.
13.2.4 After a new repair, the warranty will commence again.
14. Additions 01-2010
EXTRA : For wholesalers only the price lists excl. VAT apply. Offers and promotional packages on this website are not automatically included for resale to wholesalers.
14.0 Additions 05-2010 :
Returns
14.1 Products delivered according to the order shall not be taken back by IMGRO Beauty BV / IMGRO International BV unless agreed otherwise, in which case a restocking fee of 20% shall be charged at all times.
14.2 Return shipments are at the expense of the Buyer and at the Buyer's own risk. If goods have been used in whole or in part, they shall be deemed to have been approved. Returns shall always take place in consultation with IMGRO Beauty and shall always be provided with an IMGRO Return Number.
14.3 For products of which no photo is shown on the web site, a image can be requested prior to ordering.
14.4 Due to changes in packaging by third parties (e.g. suppliers), items delivered may differ from images shown on the internet. In the event of differences between the image shown on the website and products physically delivered, the customer cannot derive any rights for return by IMGRO Beauty. (AO-2017-05)
14.5 Due to changes of packaging by third parties (e.g. suppliers), it may occur that within one shipment (with or without backorder follow-up delivery) different packaging is delivered as the same product. In the event of differences between the image shown on the website and the products physically delivered, no rights can be derived by the customer for return by IMGRO Beauty. (AO-2017-05)
14.6 Photos and images of products on our website and in our stores are subject to posting errors. No rights can be derived from this.
14.7 Prices and descriptions of articles on our webshop and in our stores are subject to typing errors. Errors and / or deviations which reasonably follow from comparison with other products and brands are an obvious error.
15.1 In the event of the purchase of a showroom model (any furniture or technical equipment), the customer is obliged to inspect the product on site and accept the purchase "as is". Visible and invisible damage shall be at the customer's risk and expense. In case of delivery by third parties, the product will be inspected twice by the customer, the first time upon purchase in the showroom and the second time upon delivery in the presence of the deliverer.
15.2 If factory warranty applies to the purchase of a a showroom model, it shall always be arranged under the condition: factory warranty post-warehouse, whereby transport of the product to and from the factory warehouse shall be at the customer's risk and expense.
16.1 In the event that postal packages with visible damage are offered to the customer and these are accepted by the customer without a note being made to the carrier, IMGRO Beauty BV / IMGRO International BV cannot be held liable for any damage to the contents of these packages. In such cases, the customer shall have to hold the transporter responsible himself.
16.2 Packages with damage can simply be accepted by the customer under the condition that a notification is made to the carrier upon acceptance. The customer can then discuss the damage with IMGRO Beauty with the aid of photos, descriptions and telephone contact. Of course, in these cases an appropriate solution will be sought in direct consultation with the customer. (AO-2017-07)