Terms of delivery

DELIVERY CONDITIONS Todo Bien

Definitions

  1. Todo Bien: Todo Bien, established in Tilburg under Chamber of Commerce 64833186.
  2. Customer: the person with whom Todo Bien has an agreement
  3. Parties: Todo Bien and customer
  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of delivery conditions

 

  1. These terms of delivery apply to all work, orders, agreements and deliveries of services or products by or on behalf of Todo Bien.
  2. Parties can only deviate from these delivery terms and conditions if they are expressly and in writing
  3. The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or third parties.

Samples and models

 

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Consequences of not paying on time

 

  1. If the customer does not pay within the agreed term, Todo Bien is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month becomes a whole month
  2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Todo Bien.
  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  4. If the customer does not pay on time, Todo Bien may suspend its obligations until the customer has fulfilled its payment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Todo Bien's claims against the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by Todo Bien, he is still obliged to pay the full agreed price to Todo Bien.

Right of advertising

 

  1. As soon as the customer is in default, Todo Bien is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
  2. Todo Bien invokes the right of advertising by means of a written or electronic
  3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Todo Bien, unless the parties agree otherwise.
  4. The costs for the return or return of the products will be borne by the customer.

Right of withdrawal

 

  1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
  2. the product has not been used
  3. it is not a product that can spoil quickly, such as food or flowers
  4. it is not a product that has been tailor-made or modified especially for the consumer
  5. it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
  6. the seal of the delivered goods is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
  7. the product is not a journey, ticket, catering assignment or form of leisure activity the product is not a separate magazine or newspaper
  8. it does not concern an (order for) emergency repairs
  9. the consumer has not waived his right of withdrawal
  1. The reflection period of 14 days as referred to in paragraph 1 starts:
  2. on the day after the consumer has received the last product or part of 1 order as soon as the consumer has received the first product with a subscription
  3. as soon as the consumer has purchased a service for the first time
  4. as soon as the consumer has confirmed that he will purchase digital content via the internet
  1. The consumer can make his appeal to the right of withdrawal known via info@todobien.nl, if desired, using the withdrawal form that is available via the Todo Bien website, todobien.nl, can be downloaded.
  2. The consumer is obliged to return the product to Todo Bien within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.

Reimbursement return costs

 
If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be borne by the consumer.

Right of suspension

 
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention

 

  1. Todo Bien can invoke its right of retention and in that case keep the customer's products in its possession until the customer has paid all outstanding invoices with regard to Todo Bien, unless the customer has provided sufficient security for those costs.
  2. The right of retention also applies under previous agreements from which the customer still owes payments to Todo Bien.
  3. Todo Bien is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

 
Unless the customer is a consumer, the customer waives his right to set off a debt owed to Todo Bien against a claim against Todo Bien.

Retention of title

 

  1. Todo Bien remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Todo Bien, including claims about failure to fulfill the agreement.
  2. Until that time, Todo Bien can at all times invoke its retention of title and take back the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If Todo Bien invokes its retention of title, the agreement will be deemed dissolved and Todo Bien has the right to claim compensation, lost profit and interest.

Delivery

 

  1. Delivery takes place as long as stock
  2. Delivery takes place at Todo Bien, unless the parties have agreed otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer.
  4. If the agreed amounts are not paid or are not paid on time, Todo Bien has the right to suspend its obligations until the agreed part has been paid.
  1. In case of late payment, there is a default of creditors, with the result that the customer cannot object to Todo Bien a late delivery.

 

Delivery time

 

  1. The delivery times specified by Todo Bien are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties expressly agree otherwise in writing.
  2. The delivery time starts at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Todo Bien.
  3. Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to dissolve the agreement, unless Todo Bien cannot deliver within 14 days after being summoned to do so in writing or the parties have agreed otherwise.

 

Actual delivery

 

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Delivery of goods on order

 

  1. The customer is obliged to purchase the goods produced by Todo Bien on his behalf.
  2. If items have not been purchased by the customer after the expiry of the delivery time, they will remain at the disposal of Todo Bien. Goods not accepted are stored at the expense and risk of the customer. Todo Bien may always use the power of Article 6:90 of the Dutch Civil Code.

 

Delivery and transfer of risk

 

The risk of loss, damage or depreciation of a purchased item passes to the customer at the time the item is brought under the control of the customer.

 

Transportation costs

 

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

 

Packing and Shipping

 

  1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Todo Bien cannot be held liable for possible damage.
  2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Todo Bien prior to transport, failing which Todo Bien cannot be held liable for any damage.

 

Storage

 

  1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
  2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

 

Guarantee

 

  1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be identified.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

 

exchange

 

  1. Exchanging purchased items is only possible if the following conditions are met:

 

exchange takes place within 14 days after purchase against presentation of the original invoice

the product is returned in the original packaging or with the original (price) tags still attached

the product has not yet been used

 

  1. Discounted items, non-perishable items such as foodstuffs, custom items, or custom items cannot be

 

 

Disclaimer

 

The customer indemnifies Todo Bien against all claims from third parties related to the products and/or services supplied by Todo Bien.

 

Complaints

 

  1. The customer must examine a product or service provided by Todo Bien as soon as possible for any shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Todo Bien of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
  3. Consumers must inform Todo Bien of this within 2 months after discovery of the shortcomings.
  4. The customer provides as detailed a description as possible of the shortcoming, so that Todo Bien is able to respond adequately.
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this can in any case not lead to Todo Bien being obliged to perform work other than its own.

 

Notice of default

 

  1. The customer must notify Todo . of any notice of default in writing
  2. It is the customer's responsibility that a notice of default actually reaches Todo Bien (on time).

 

Joint and several liability customer

 

If Todo Bien enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to Todo Bien under that agreement.

 

Liability Todo Bien

 

  1. Todo Bien is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
  2. If Todo Bien is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
  3. Todo Bien is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
  4. If Todo Bien is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.
  5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Expiration period

 

Any right of the customer to compensation from Todo Bien expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

 

Right to dissolution

 

  1. The customer has the right to dissolve the agreement if Todo Bien imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
  2. If the fulfillment of the obligations by Todo Bien is not permanently or temporarily impossible, dissolution can only take place after Todo Bien is in default.
  3. Todo Bien has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Todo Bien has taken note of circumstances that give him good grounds to fear that the customer obligations will not be able to properly

 

Force majeur

 

  1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure on the part of Todo Bien in the fulfillment of any obligation with regard to the customer cannot be attributed to Todo Bien in a situation independent of the will of Todo Bien, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Todo Bien
  2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and
  3. If a force majeure situation occurs as a result of which Todo Bien cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Todo Bien can meet them again.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  5. Todo Bien does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

 

Amendment of the agreement

 

If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

 

Change of delivery conditions

 

  1. Todo Bien is entitled to change or add to these terms and conditions
  2. Changes of minor importance can be changed at any time
  3. Todo Bien will make major changes to the content in advance with the customer as much as possible
  4. A consumer is entitled to terminate the agreement in the event of a substantial change in the delivery conditions

 

Transfer of rights

 

  1. Customer rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Todo Bien.
  2. This provision applies as a stipulation with property law effect as referred to in Article 3:83, paragraph 2

Consequences of nullity or voidability

 

  1. If one or more provisions of these terms and conditions of delivery prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.

 

  1. In that case, a provision that is null or voidable will be replaced by a provision that comes closest to what Todo Bien had in mind when drafting the conditions on that point.

 

Applicable law and competent court

 

  1. These delivery terms and any agreement between the parties are exclusively governed by Dutch law
  2. The Dutch court in the district where Todo Bien is located has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

 

Applicability of delivery conditions

 

  1. These terms and conditions of delivery are applicable since 01 December 2021.