General Conditions

Terms and Conditions

GENERAL TERMS AND CONDITIONS TREB HORECALINNEN (TREB) TEN
FAVOR OF INDIVIDUALS, COMPANIES AND INSTITUTIONS


Article 1: Definitions
In these conditions:
1. Conditions: the present general conditions.
2. Other party: the natural person or legal person with whom Treb has entered into an agreement or who is negotiating about it.
3. Parties: Treb Horecalinnen, Aristoteleslaan 123, 1277 AR HUIZEN, hereinafter referred to as Treb, and the natural person or legal entity who have concluded or are negotiating an agreement.

Article 2: Scope of conditions
The provisions of these conditions apply to all assignments, agreements and agreements to which Treb is a party.

Article 3: Invalidity or destruction of (part of) the conditions
1. The nullity or annulment of one or more provisions of these terms and conditions or of any provision in an agreement concluded between the parties does not affect the effect of the other provisions of these terms and conditions or of that agreement.
2. In the event of nullity or nullification as referred to in the first paragraph, the parties shall substitute a provision for that provision (s) that best approximates the scope of the stipulation.

Article 4: Battle of forms
1. The parties exclude the applicability of Article 225 of Book 6 of the Dutch Civil Code for cases in which the other party also refers to its general terms and conditions.
2. In the situation referred to in the previous paragraph, the present general terms and conditions will always apply, with the exclusion of the applicability of the general terms and conditions of the other party.

Article 5: Establishment of the agreement
1. Agreements are entered into online through the acceptance of these conditions
2. The mere issuance of an offer, quotation, budget, estimate or similar communication does not oblige Treb to enter into an agreement with the other party.

Article 6: Content of the agreement
1. For the content of the agreement determines the online recording of the agreed by Treb.
2. If an online confirmation or order confirmation is missing, the content of the agreement determines an online order accepted by the counterparty to Treb, unless Treb has objected to the counterparty online within 15 days of receipt.

Article 7: Anticipatory dissolution of the agreement
1. Treb is authorized to terminate the agreement with the other party before the claims arising from the agreement become due and payable if its circumstances have become known which give it good reason to fear that the other party will not fulfill its obligations towards Treb.
2. An example of the circumstances referred to in paragraph 1 is the situation that Treb becomes aware after the conclusion of the agreement that the other party has previously failed to fulfill obligations arising from agreements with third parties.

Article 8: Duration of the agreement
1. Unless the parties have agreed otherwise, agreements become one-off
contracted.

Article 9: Cancellation, dissolution and termination of the agreement
1. A demonstrable online cancellation is necessary for the termination of an agreement. The cancellation by the client must take place no later than 30 minutes after the conclusion of the agreement.
2. Interim termination or dissolution of the agreement is only possible if one of the parties fails attributably in the fulfillment of the agreement. If in the opinion of one of the parties the other party fails attributably, it will inform the other party by email immediately. The defective party will then be given the opportunity during 14 days to still properly comply. If the defaulting party fails in this period, the agreement may be terminated in whole or in part or dissolved, unless that shortcoming does not justify termination or dissolution with its consequences due to its special nature or minor significance.
3. A termination or dissolution is in any case not justified in case of:
- minor or unavoidable deviations with respect to quality, color, make-up and the like, as well as shrinkage;
- damage caused by the movement or suspension of mechanical devices, insofar as Treb has observed all normal precautions;
- damage resulting from the disassembly of goods or mechanical devices;
- damage caused by incorrect information from the other party.

4. The agreement ends without prior notice:
1. If one of the parties, operating commercially as a natural person or in the name of a one-man BV, dies;
2. In case of shutdown, liquidation and at the time of application for suspension of payments or bankruptcy of one of the parties.

Article 10: Payment, settlement, security
1. If the other party disagrees with the invoiced amount, he informs Treb thereof immediately, but no later than within the payment term of 7 days, in the absence of which the other party is deemed to agree with the invoiced amount.
2. If the payment term is exceeded, the other party is in default without a prior notice of default or warning being required. With each exceeding of the payment term, the counterparty owes interest on the overdue amount that is equal to the current promissory discount on an annual basis plus a surcharge of 2 percentage points. The interest is calculated per day, a part of the day as an entire day.
3. Any exceeding of the payment term gives Treb the power to immediately suspend its obligations towards the other party and without prior written notification.
4. In the event of non-payment or late payment, the other party will be obliged to pay the full amount of the extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and debt collection agencies, in addition to the amount owed and the interest thereon. With a minimum of € 300.00 for each month that payments are not made.
5. Any offsetting authority of the other party, for whatever reason, is excluded. The payments made by the other party primarily serve to settle the interest and costs owed and then the oldest unpaid invoices, even if the other party states that payment relates to a later invoice.
6. The other party undertakes at the first request of Treb to provide security or to supplement existing securities to guarantee the fulfillment of its payment obligations from the agreement.
7. Payments are possible with the exception of Ideal (preferred), credit card, Paypal and on invoice basis.

Article 11: Liability
1. Treb is not liable for any damage suffered or to be suffered by the other party or third parties, of whatever nature or size, related to or arising from the fulfillment of the agreement or the default thereof, unless there is intention or gross guilt.
2. If and in so far as Treb has any liability towards the other party, for whatever reason, this liability per claim / event is limited to the amount that, with regard to this liability on the basis of the policy conditions, is insured by the insurer. Treb is paid out. A series of related damage cases / events applies here as one claim / event. In the absence of such insurance on the part of Treb, the liability as referred to in this paragraph is limited to a maximum of the value of the agreed performance (excluding VAT) as determined by invoice.
3. If Treb is held liable by a third party in respect of any damage for which it is not liable under the agreement with the other party or these conditions, the other party shall fully indemnify it in this respect.
4 The other party will manage Treb's goods that it receives in the context of the execution of the agreement as a good family man and bears all risks in respect of these items. If desired, the other party must take out insurance for those risks and is liable towards Treb for loss and damage of those goods for whatever reason.

Article 12: Complaints
1. If the other party is of the opinion that Treb fails in any way in the fulfillment of the agreement, it shall inform Treb thereof immediately, but at the latest within 7 days after discovery of the shortcoming or within 7 days after he reasonably knew of this shortcoming. may be informed in writing in the absence of which the reseller can no longer appeal to this shortcoming.
2. Contrary to the first paragraph, complaints relating to the handling of goods delivered by the other party or the quality of the goods leased by Treb to the counterparty must be submitted within 2 days after the goods have been delivered to the counterparty. Treb be notified in writing in the absence of which it is established that treatment or quality is in accordance with the agreement.
3. Complaints do not suspend the payment obligation of the other party.
4. Deviations of the quality of the delivered goods or services provided in the sector which are permissible or unavoidable do not constitute grounds for complaints, nor for dissolution of the agreement or compensation.

Article 13: Force majeure
1. In addition to the provisions of articles 9 and 11 of these terms and conditions, Treb's shortcomings that are not due to her fault and neither under the law, legal act or generally accepted in practice are at the expense of the other party. dissolution of the agreement or compensation.
2. The situations referred to in the previous paragraph shall in any event include business failures, strike, trade unions, absenteeism of Treb personnel, disruptions or restrictions on the supply of energy and materials supply, blocks in transport, fire, explosion, molestation. vandalism, mobilization, riots, war, export restrictions as well as all other measures taken by governments which obstruct the fulfillment of the agreement in whole or in part, frost, storm or unworkable weather, floods, any hindrance of third parties who may, at the request of Treb- involved in the execution of the agreement, shortcomings of auxiliary persons, machine breakdown and the total or partial destruction of goods necessary for the performance of the contract as well as other accidents. This also applies to companies that have contracted Treb to execute the agreement.

Article 14: Property rights of Treb
1. All goods delivered by Treb remain the property of Treb until payment has been made.
2. The other party is not permitted to alienate delivered goods in any way, by realizing property, encumbering objections in the context of security to be provided to third parties, further renting or otherwise bringing in the power of third parties.
3. In use or. leased goods are considered to remain movable.

Article 15: Insurance
1. The other party is obliged to fully insure the goods delivered by Treb against the risks of fire, theft and water damage.

Article 16: Disputes
1. In all disputes between the parties, the District Court in the settlement of Treb is authorized.
2. Contrary to the provisions of the previous paragraph, in cases where there is a dispute concerning the quality of the goods leased by Treb to the counterparty or regarding the handling of goods delivered by the counterparty, a binding recommendation will first be given in the form of a report to be issued by an expert firm.

Article 17: Applicable law
Dutch law applies to the legal relationship between Treb and the other party.

See also our Privacy Statement

GENERAL CONDITIONS TREB HORECALINNEN (TREB) IN CASE OF BUSINESS WITH PARTICULARS, COMPANIES AND INSTITUTIONS


Article 1: Definitions
These terms and conditions include:
1. Terms and Conditions: The present terms and conditions.
2. Other party: The natural or legal person with which Treb has entered into an agreement or is negotiating.
3. Parties: Treb Horecalinnen, Aristoteleslaan 123, 1277 AR HUIZEN, to be referred to as Treb, and the natural or legal person who have concluded or negotiated an agreement.

Article 2: Scope of the terms
The terms of these terms and conditions apply to all contracts, agreements and agreements with which Treb is a party.

Article 3: Nullity or destruction of (a part of) the terms
1. The nullity or destruction of one or only provisions of these Terms or any provision in an agreement concluded between parties shall not affect the operation of the remaining provisions of these Terms or of this Agreement.
2. In the event of invalidity or destruction as contemplated in the first paragraph, the parties to that provision (s) will establish a scheme that approximates the scope of the agreement as best as possible.

Article 4: Battle of forms
1. The parties exclude the applicability of Article 225 of Book 6 of the Civil Code for cases where the other party also refers to its terms and conditions.
2. In the situation referred to in the previous paragraph, the present terms and conditions shall always apply without prejudice to the applicability of the other party`s terms and conditions.

Article 5: Completion of the agreement
1. Agreements are entered into online on the acceptance of these terms
2. The issue of an offer, price quotation, budget, preliminary calculation or similar announcement shall not be binding on Treb until the conclusion of an agreement with the other party.

Article 6: Content of the agreement
1. The content of the agreement determines the online commitment of the agreed by Treb.
2. If an online confirmation or order confirmation is missing for the content of the agreement, an online, accepted by the other party, assigns to Treb, unless Treb has lodged an objection with the other party within 15 days of receipt of its content.

Article 7: Anticipatory dissolution of the agreement
1. Treb is empowered to dissolve the agreement with the other party before the claims arising from the agreement are due if its circumstances have become known which give her good ground to fear that the other party will not fulfill its obligations to Treb.
2. An example of the circumstances referred to in paragraph 1 is the situation that Treb, after the conclusion of the agreement, becomes aware that the other party has previously failed to comply with obligations arising from agreements with third parties.

Article 8: Duration of the agreement
1. Unless otherwise agreed, agreements shall be unilateral
Entered into.

Article 9: Termination, dissolution and termination of the agreement
1. A termination of an agreement requires proof of online termination. The cancellation by the client must be done no later than 30 minutes after the closing agreement.
2. Interim termination or termination of the agreement is only possible if either party fails to fulfill its obligations under the agreement. If, in the opinion of one of the parties, the other party fails to report a loss, it shall immediately inform the other party by email. The defaulting party will then be given the opportunity for 14 days to be properly met. If the defaulting party remains in default during this period, the agreement may be terminated in whole or in part, or dissolved, unless such shortcoming, due to its particular nature or minor significance, does not justify this termination or dissolution with its consequences.
3. A cancellation or cancellation is in any case not justified in case of:
- minor or non-avoidable differences in quality, color, formatting and the like as well as shrinkage;
- damage caused by displacement or suspension of mechanical devices, insofar as Treb has observed all normal precautions;
- damage resulting from disassembly of goods or mechanical devices;
- Damage caused by incorrect information from the other party.

4. The agreement ends without prior notice:
1. If one of the parties, acting as a natural person or in the name of a sole proprietorship BV, dies;
2. In case of termination, liquidation and at the time of application for payment of payment or bankruptcy of either party.

Article 10: Payment, settlement, security
1. If the other party disagrees with the invoiced amount, he shall notify Treb thereof without delay, but not later than the 7-day payment period, in writing of which the other party is deemed to be in agreement with the invoiced amount.
2. If the payment period is exceeded, the other party is in default without the need for a prior notice or warning. In case of any overrun of the payment period, the other party is liable for the overdue amount, which is equal to the current promissory note on an annualized basis, plus an additional 2 percentage points. The interest rate is calculated per day, a part of the day as a whole day.
3. Any overrun of the payment period gives Treb the right to suspend its obligations to the other party immediately and without prior written notice.
4. In the case of non-payment or non-timely payment, the other party, in addition to the amount due and interest accrued thereon, is held for a full remuneration of both extrajudicial and judicial collection costs, including costs for lawyers, doorkeepers and debt collection agencies. With a minimum of € 300.00 for each month, payments are left out.
5. Any remuneration of the other party, for any reason whatsoever, shall be excluded. The payments made by the other party consist primarily of settling the interest and costs due and then of the oldest unpaid bills, even if the other party mentions that compliance relates to a later invoice.
6. The other party is obliged to provide security at Treb`s first request or to supplement existing collateral to ensure compliance with its payment obligations under the agreement.
7. Payments are possible by means of Ideal (preferred), credit card, Paypal and on invoice basis.

Article 11: Liability
1. Treb is not liable for any loss or damage suffered by the other party or third parties, of any nature or extent, associated with or resulting from compliance or failure to comply with the agreement, unless there is any intention Or gross debt.
2. If and in so far as Treb appears to be liable to the other party for any reason whatsoever, this liability per loss / event is limited to the amount due to this liability under the terms of the policy by the insurer of Treb is paid out. A series of correlated damage cases / events are hereby considered as one loss case / event. In the absence of such insurance on behalf of Treb, the liability as contemplated in this paragraph is limited to at most the equivalent of the agreed performance (excluding VAT).
3. If Treb is held liable by any third party for any damage for which it is not liable under the agreement with the other party or these terms, the other party will fully indemnify it.
4 The other party will manage Treb`s goods that he receives as part of the performance of the agreement as a good father in law and carries all the risks involved in these matters. The other party may, if desired, provide insurance for those risks and, in respect of Treb, is liable for loss and damage to those goods for any reason whatsoever.

Article 12: Advertising
1. If the other party considers that Treb is in any way defective in the performance of the agreement, he shall immediately inform Treb thereof, but no later than 7 days after the defect has been discovered or within 7 days after reasonably aware of this shortcoming May be in writing, in writing, of which the other party can not appeal to this shortcoming.
2. By way of derogation from the first paragraph, complaints relating to the treatment of goods delivered by the other party or the quality of the goods leased by Treb to the other party must be delivered within 2 days after the goods have been delivered to the other party to Treb shall be notified in writing in cases where it is established that treatment or quality is in accordance with the agreement.
3. Advertisements do not suspend the other party`s payment obligation.
4. In the industry, exceptions to the quality of the goods delivered or services rendered admissible or not to be avoided, do not constitute grounds for advertising or for termination of the agreement or damages

Article 13: Force majeure
1. In addition to the provisions of Articles 9 and 11 of these Terms, Treb`s deficiencies, which are not due to its debt and neither due to law, legal act or in the public interest, shall not entitle the other party to Termination of the agreement or compensation.
2. Under the circumstances referred to in the preceding paragraph, in any case, malfunctions, work strikes, unions` actions, absenteeism of Treb`s staff, malfunctions or restrictions on the supply of energy and material supply, barriers to transport, fire, explosion, molest Vandalism, mobilization, riots, war, export restrictions as well as any other measure of government that obstructs or obstructs the performance of the agreement, frost, storm or unworkable weather, floods, any third-party impediment, which, at the request of Treb- Involved in the execution of the agreement, shortcomings of helpless persons, machine failure and total or partial abandonment of goods necessary for the execution of the agreement and other accidents. This also applies to the companies that Treb has engaged in implementing the agreement.

Article 14: Ownership of Treb
1. All Treb delivered goods remain owned by Treb until paid.
2. The other party is not permitted to alienate delivered goods in any way, by making any objections to objections in the context of collateral to be provided to third parties, further lease or otherwise brought into power by third parties.
3. In use given or. Leased goods are deemed to remain moving.

Article 15: Insurance
1. The other party is obliged to fully insure the goods delivered by Treb against the risks of fire, theft and water damage.

Article 16: Disputes
1. In all disputes between parties, the Arrondissementsrechtbank is entitled to the Treb branch.
2. By way of derogation from the provisions of the preceding paragraph, in cases where there is a dispute about the quality of the goods leased by Treb to the other party or the treatment of goods delivered by the other party, a binding opinion will be given in The form of a report by a specialist desk.

Article 17: Applicable law
Dutch law is applicable to the legal relationship between Treb and the other party.



(Download the Terms and Conditions as a PDF document.)

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