Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY – E-Trading Partner VOF

Article 1. Applicability

1.1 These General Terms and Conditions apply to all offers and agreements (whether concluded through its website or not) under which E-Trading Partner VOF, hereinafter referred to as the "seller," delivers goods of any kind. Deviations from these General Terms and Conditions are only valid if explicitly confirmed in writing by the seller. Such deviations cannot be derived as rights for later legal relationships.
Company Identity:

  • Trade Name: E-Trading Partners V.O.F.
  • Address: Koornmarktpoort 31-E
  • Postal Code: 8253 TE
  • Location: Dronten
  • Email: info@e-tradingpartners.com
  • Chamber of Commerce Number: 88944433
  • VAT Number: NL864831602B01

1.2 Any purchasing or other conditions of the buyer, hereinafter referred to as the "buyer," are excluded.

1.3 If any provision of these General Terms and Conditions or the agreement proves invalid or is nullified, this does not affect the validity of the remaining provisions.

1.4 The term "in writing" in these terms includes letters or electronic communications.

1.5 In case these terms are drafted in a language other than Dutch, the Dutch text shall always prevail in case of differences.

Article 2. Offers and Agreements

2.1 All offers, price quotations, and similar communications from the seller are non-binding, even if a term for acceptance is stated in the offer.

2.2 Agreements between the buyer and the seller are established, and the seller is bound only when the seller confirms the order in writing or begins execution of the order.

Article 3. Registered Customers on the Website

3.1 The username and password created by the buyer during registration on the website are strictly confidential and intended exclusively for use by the registered user.

3.2 The buyer guarantees that the relevant user is authorized to place orders on behalf of the buyer.

3.3 The buyer ensures the username and password are kept confidential and not disclosed to third parties. If a user logs in using the username and password, the seller may assume this is the authorized user.

3.4 If the buyer knows or suspects misuse of the username and password or that unauthorized persons have gained access, they must inform the seller immediately and take effective measures.

Article 4. Delivery

4.1 The agreed delivery term is only indicative and not binding. The seller is not in default concerning the delivery term until the buyer has issued a written notice of default, granting the seller a reasonable term to deliver, and the seller has not complied within that term.

4.2 The delivery term starts after an agreement is established as per Article 2, the buyer has provided the required information, and any agreed prepayment is received by the seller.

4.3 Samples shown or provided are only indicative and are not binding for the composition or quality of the delivered goods.

4.4 If a delay is foreseeable, the seller will inform the buyer as soon as possible. In such cases, a new delivery date will be mutually agreed upon. Only in cases of excessive delays (over 8 weeks) is the buyer entitled to cancel the agreement, unless the delay is due to force majeure.

4.5 Delivery is carried out according to Delivered at Terminal (DAT) or an agreed destination, based on the applicable Incoterms®, unless otherwise agreed in writing.

Article 5. Prices and Invoicing

5.1 Any changes in cost-determining factors, such as purchase prices, exchange rates, import duties, VAT, and raw material prices, that occur after the agreement but before delivery give the seller the right to adjust prices or cancel the order without any liability for damages.

5.2 Unless explicitly agreed otherwise in writing, all prices are in euros, exclusive of VAT, import duties, or other taxes.

5.3 Invoices are issued based on prices valid on the delivery date.

5.4 All prices listed on the website or in offers are subject to programming, typing, or writing errors.

Article 6. Payment

6.1 Payment by the buyer must be made within fourteen (14) days of the invoice date unless otherwise agreed in writing by the seller. Payments must be made without any deduction, discount, or setoff and in euros via transfer to the seller's designated bank account. Payment is deemed completed only when the owed amount is irrevocably credited to the seller's bank account. The seller is always entitled to request full or partial advance payment from the buyer.

6.2 If the buyer does not fully pay the owed amounts within the agreed term, they are in default without any further notice being required and owe interest of 1.5% per month on the outstanding amount until payment is made. A partial month counts as a full month.

6.3 If the buyer fails to pay the owed amounts within the agreed term, the seller is also entitled to initiate judicial or extrajudicial collection, with all related costs borne by the buyer. These costs are set at a minimum of 15% of the claim amount, with a minimum charge of €250. The seller reserves the right to assign collection to third parties or transfer their claim on the buyer to third parties.

6.4 The seller is entitled, before or after entering the agreement, to demand additional payment security from the buyer in a form determined by the seller. If the buyer fails to provide this security in time, the seller may suspend further performance of the agreement or terminate it entirely or partially without legal intervention, without prejudice to the seller's right to compensation for damages.

6.5 Any objections to an invoice must be submitted in writing, specifying reasons, within eight (8) working days of the invoice date. After this period, complaints will no longer be considered, and the buyer waives any rights concerning the invoice.

6.6 The seller reserves the right to suspend their obligations until the buyer fulfills all payment obligations.

Article 7. Force Majeure

7.1 Force majeure includes all circumstances beyond the seller's control or any reasonably unforeseeable events that temporarily or permanently prevent the seller from fulfilling their obligations. Such circumstances include, but are not limited to, government restrictions, pandemics, mobilization, war, strikes, production interruptions, or lack of raw materials and energy.

7.2 In cases of force majeure, the seller has the right to suspend the execution of their obligations or terminate the agreement without judicial intervention, without being liable for any damages.

7.3 In cases of suspension or termination due to force majeure, the seller is entitled to demand payment for already delivered goods or services, including damages and lost profits.

Article 8. Retention of Title

8.1 Ownership of the delivered goods only transfers to the buyer after they have fulfilled all payment obligations, including interest and costs, under any agreement.

8.2 The buyer is obligated to handle the goods carefully and insure them against usual risks. Without the seller's written permission, the buyer is prohibited from pledging, renting, or transferring ownership of the goods until payment obligations are fulfilled.

8.3 If the buyer fails to meet their payment obligations, the seller is authorized to reclaim the goods without notice or legal intervention.

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Article 9. Suspension and Termination

9.1 The seller is entitled to suspend or terminate the agreement in case of the buyer's non-payment, insolvency, bankruptcy, or liquidation without being liable for damages.

9.2 In such cases, all claims by the seller on the buyer become immediately due and payable.

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Article 10. Complaints

10.1 Notifications regarding the quality or condition of the delivered goods are only considered guarantees if explicitly confirmed in writing by the seller.

10.2 The buyer must inspect the goods immediately upon receipt and report any visible defects in writing within two (2) business days.

10.3 If the complaint is deemed valid, the seller may choose to replace the goods or issue a credit note.

Article 11. Liability

11.1 The seller is not liable for any damages unless caused by intentional misconduct or gross negligence.

11.2 The seller's liability, if any, is limited to the invoice value of the goods, with a maximum of €5,000 per incident.

11.3 The seller is not liable for consequential or indirect damages, including loss of profits.