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General Terms and Conditions

Article 1. General
These conditions apply to every offer, tender and agreement between Store Fred Momotenko, hereinafter referred to as "User", and a Party which user has declared these conditions applicable, insofar as these conditions are not parties explicitly and in writing .
These conditions also apply to agreements with user, the execution of which user services of third parties.
These general conditions are also written for the employees of User and its management.
The applicability of any purchase or other conditions of the Party is explicitly rejected.
If one or more provisions of these terms at any time wholly or partially invalid or void, it remains, in these terms and conditions are fully applicable. User and the other party shall then consult to develop new rules to replace the invalid provisions to agree, as much as possible the purpose and intent of the original provisions are observed.
If uncertainty exists regarding the interpretation of one or more provisions of these terms, then the explanation must be found "in the spirit of these provisions.
If there is a conflict between parties that do not occur in these general conditions, then this situation should be assessed in the spirit of these terms.
If User does not require strict compliance with these conditions, does not mean that its provisions do not apply, or that the User in any degree would lose the right in other cases the strict observance of the provisions of these terms and conditions.

Article 2 Offers and Deals
1 All bids and offers of user are free, unless the offer a deadline for acceptance. An offer will lapse if the product on which the offer or the offer relates, in the meantime is no longer available.
2 User can not have bids or offers to be taken if the other party can reasonably understand that the bids or offers, or any part thereof, an obvious mistake or error.
3 in a bid or offer prices are inclusive of VAT and other taxes and any government under the contract costs, including travel and subsistence, postage and handling, unless otherwise indicated.
4 If the acceptance (whether or not to subordinate points) deviates from the offer or the offer included the User is not bound. The agreement is not in accordance with said deviating acceptance, unless user indicates otherwise.
5 A compound quotation shall not oblige user to execute part of the assignment against a corresponding part of the quoted price. Offers and tenders shall not apply automatically to future orders.

Article 3 Duration of the Contract, delivery, implementation and modification agreement; increase of prices.
The agreement between User and the Other is for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
For the completion of certain work or supply certain cases an agreed period or specified, this is never a deadline. When a term is exceeded, the other party user therefore written in default. User is a reasonable term to be offered to implement the agreement.
User has the right to have certain work done by others.
User is entitled to the agreement in several phases to implement and thus part billed separately.
If the agreement is implemented in phases, User can implement those parts to the next stage until the other party the results of the preceding stage in writing.
If user requires information from the other party for the implementation of the agreement, captures the execution time not earlier than after the Other it is accurate and complete to the User has made available.
If during the execution of the agreement shows that for a proper implementation is necessary to amend or supplement, then parties and agreed to amend the agreement. If the nature, scope or content of the contract, whether or not to request or indication of the Other, the competent authorities et cetera, are modified and the agreement would be qualitatively and / or quantity is changed, this may have consequences for what was originally agreed. This may initially agreed amount be increased or decreased. User shall as much as possible quotation do. By amending the agreement may specify the initial period of implementing change. The Party accepts the possibility of amending the agreement, including the change in price and time of execution.
If the agreement is amended, including an addition, is entitled to them first to implement after it has been agreed by the User within competent person and the other party has agreed to implement the specified price and other conditions, including understood the then determine when it will be implemented. It may not immediately implement the amended agreement also provides default of User and the Other is no reason for the agreement to say.
Without being in default, the User can request a change of the agreement, if this could be qualitatively and / or quantitatively, for example, could result in that context to work or to be delivered.
If the other party in default should be in the proper performance of which he is held towards the User, then the other party liable for all damages (including costs) to the side of User thereby directly or indirectly.
If the User at the conclusion of the agreement on a certain price, then User under the following circumstances shall nevertheless be entitled to increase the price, even if the price were not given subject.
- If the price increase is the result of an amendment to the agreement;
- If the price increase resulting from a user to accruing power user or an obligation under the law;
- In other cases, with the proviso that the other party not acting in the exercise of a profession or business, is entitled to the agreement by written notice if the price exceeds 10% and within three months after closing of the agreement, unless user then still willing to sign the agreement based on the originally agreed to perform, or if it is stipulated that the episode is longer than three months after the sale will take place.

Article 4 Suspension, dissolution and termination of the agreement
User is empowered to fulfill their obligations to suspend or terminate the agreement with immediate effect to cancel if:
The Other obligations under the agreement, not fully or timely manner;
after the conclusion of the contract user learns of circumstances giving good ground to fear that the other party will fulfill obligations;
the other party in concluding the agreement was requested to provide security for the fulfillment of his obligations under the agreement and this security fails or is insufficient;
If the delay on the part of the Other User can no longer be required to the contract against the originally agreed conditions, is entitled to terminate the agreement.
if circumstances arise of such a nature that fulfillment of the contract impossible or unaltered maintenance of the User Agreement not reasonably be demanded.
If the dissolution is attributable to the Other, is entitled to compensation for damages, including costs, thereby directly and indirectly.
If the agreement is dissolved, the user's claims against the other party immediately due and payable. If the user suspends fulfillment of his obligations, he shall retain his rights under the law and agreement.
If User on the grounds mentioned in this article to suspension or dissolution, he is for this reason in no way liable for damages and costs it incurred in any way or compensation, while the Other, by virtue of default, but for damages or compensation is required.
If the agreement is terminated by User, User will in consultation with the Other arrange for transfer of additional work to third parties. Unless the termination is attributable to the Other. Unless the interim end to User is attributable to, the costs for transfer to the other party will be charged. User shall inform the other party as much as possible in advance in respect of the magnitude of these costs. The Other Party shall pay such costs within the term specified by user, unless user indicates otherwise.
In case of liquidation, (application for) suspension of payment or bankruptcy, or seizure - when and where the herd within three months - at the expense of the Other, of a debt or other circumstance that the Other is no longer freely about his ability available, the user is free to terminate the contract with immediate effect to cancel the order or agreement to cancel, without any obligation to pay any damages or compensation. The user's claims against the Other in that case immediately due and payable.
If the other party placed an order wholly or partially cancel, then the appropriate order or ready-made things, plus the potential to drain and delivery costs and for the implementation of the reserved time, integral to the other party will be charged .

Article 5 Force Majeure
User is not obliged to fulfill any obligation to the other party if he is being hampered due to a circumstance that is not due to negligence, and not under the law, a legal act or generally accepted for its account.
Force majeure is in these terms mean, apart from what the law and jurisprudence, all external causes, foreseen or unforeseen, which user can not influence but which prevents user is unable to have obligations . User also has the right to invoke force majeure if the circumstance rendering (further) fulfillment of the contract occurs after the user should have fulfilled his obligation.
User can during the period that supremacy continues the obligations under the agreement. If this period lasts longer than two months, then each party is entitled to terminate the agreement without any obligation to pay damages to the other party.
If the User at the time of the force majeure its obligations under the Agreement has been partially fulfilled or will fulfill this, and to fulfill or comply with part independent value, is entitled to the already performed or to be part of a separate bill. The Other Party shall pay such invoice as if it were a separate agreement.

Article 6 Payment and collection costs
Payment must be made within 14 days after the invoice date, at a user to give way in the currency of the invoice, unless otherwise specified by the user. User is entitled to periodic billing.
If the other party fails to timely pay an invoice, then the Party is legally in default. The Other is then an interest. In the case of a consumer's interest at the statutory rate. In other cases, the Other an interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest. The interest on the amount due shall be calculated from the time that the other party in default until the moment of payment of the full amount owed.
User has the right by Other payments made to stretch in the first place to reduce the costs, then deducting the interest and finally to reduce the principal and accrued interest.
User can, without being in default, to an offer to refuse payment if the Other another order for the allocation of the payment. User can refuse full payment of the principal, if not also the outstanding and accrued interest and collection costs.
Objections to the amount of a bill to suspend the payment obligation.
If the other party in default or omission in the (timely) fulfill its obligations, all reasonable costs incurred in obtaining payment out of court on account of the Other. The extrajudicial costs are calculated on the basis of what is currently in the Dutch collection is currently under the calculation method II report. If, however, higher costs for collection has been reasonably necessary, the actual costs for reimbursement. Any judicial and execution costs will also be recovered from the other party. The Other is on the collection costs also include interest.

Article 7 Ownership
All users in the context of the delivered goods remain the property of the Other User until all obligations under the agreement with User (s) is properly implemented.
User-supplied, made pursuant to paragraph 1. under the title, may not be resold and must never be used as currency. The other party is not entitled to under the title falling to pledge or otherwise encumber.
The Other is always to do what was reasonably expected of him may be the property of User secure.
If third parties seize goods delivered under retention of rights to establish or exercise, then the Party obligated to User shall immediately notify.
The Party is committed to the property delivered to insure and keep insured against fire, explosion and water damage and theft and the insurance policy upon request to user for inspection. Any payment of the policy is entitled to these tokens. Insofar as necessary, the other party is there to User in advance to cooperate with all that that framework was necessary or desirable to (appear) to be.
For the case user in this article to exercise property rights, the other party in advance unconditional and irrevocable permission to user and user to designate a third party to all these places to enter the property of user is located and doing business back take.

Article 8 guarantees, research and advertising
The User to be delivered to meet the usual requirements and standards that at the time of delivery could be made reasonably and in which they normally use in the Netherlands there. The guarantee mentioned in this article applies to matters that are intended for use within the Netherlands. When outside the Netherlands, the Party itself to verify that the use is suitable for use there and whether they meet the conditions which they are made. User can set other warranty and other conditions in respect of the supply business or work to be performed.
In paragraph 1 of this Article shall guarantee for a period of 1 year after delivery, unless the nature of the provided otherwise or the parties have agreed otherwise. If the guarantee given by user concerns a good produced by a third party, then the guarantee is limited to those induced by the producer of the matter is that, unless otherwise indicated. After the warranty period, all costs for repair or replacement, including administration, shipping costs and drive to the other party will be charged.
Any kind of guarantee will lapse if a defect is caused by or resulting from improper or inappropriate use or use after the expiry date, improper storage or maintenance by the Party and / or third parties when, without written permission from User, the other party or parties to the case have made changes or have tried to bring that other cases were confirmed that it does not need to be confirmed or if they were processed or modified other than as prescribed. The Other is not entitled to warranty if the defect is caused by or arising from circumstances where no user's control, including weather conditions (such as but not limited to, extreme temperatures or rainfall) et cetera.
The Other is delivered to (do), immediately at the moment that things are made available and the relevant activities are performed. It belongs to the other party to examine the quality and / or quantity of the product corresponds with what was agreed and meets the requirements of the parties thereto have agreed. Any defects must within two months after discovery in writing to Licensee to be reported. The report, a detailed description of the defect, so that user is able to respond adequately. The other party must user the opportunity to make a complaint to (do).
If the other party complains, suspend its payment obligation. The Other continues in that case also required to purchase and payment of the otherwise ordered, except where it has no independent value.
If a defect notification is made, then the other party the right to repair, replacement or compensation, unless the nature of the case or the other circumstances of the case a longer-term results.
If it is determined that a case is weak and that time is on gereclameerd, then user the defective item within a reasonable time after the return receipt or, if return is not reasonably practicable, written notification to the lack of respect by the other party, the choice of User, replace or repair thereof, or for replacement fee to the Other comply. In case of replacement is obliged to replace the matter to User to return the property to provide it to user, unless user indicates otherwise.
If it is established that a complaint is unfounded, then the costs it incurred, including the research costs, on the side of User thereby cases, for the account of the Other.

Article 9 Liability
If user is liable, this liability is limited to what this provision.
User is not liable for damage of whatever nature, created by User is assumed by or on behalf of the Other incorrect and / or incomplete data.
User is solely responsible for direct damage.
Direct damage is exclusively:
the reasonable costs of determining the cause and extent of the damage, where the establishment relates to damage under these conditions;
any reasonable costs incurred for the poor performance of the User Agreement to answer, so far this can be attributed to user;
reasonable costs incurred to prevent or mitigate damage, insofar as the Party demonstrates that these expenses resulted in mitigation of direct damage as meant in these general conditions.
User is never liable for consequential damages, including consequential damages, lost profits, lost savings and damage due to business or other stagnation. In the case of a consumer extends this restriction does not go beyond that which is permitted pursuant to article 7:24 paragraph 2 BW.
If User is liable for any damage, then the liability shall be limited to a maximum of three times the invoice value of the order, at least that part of the order which the liability relates.
User's liability is always limited to the amount paid by his insurer where appropriate.
8. In this article are the limitations of liability do not apply if the damage is due to intent or gross negligence by the user or his subordinates.

Article 10 Limitation period
Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against User and the User in the implementation of a third party, one year.
Paragraph 1 shall not apply to legal claims and defenses that are based on facts that would justify the assertion that the case was not delivered to the agreement would respond. Such claims and defenses barred from running for two years after the Other User of such non-compliance has informed.

Article 11 Transfer of Risk
The risk of loss, damage or loss is transferred to the Other Party at the moment things in the power of the Other be charged.

Article 12 Indemnification
The User indemnifies against any claims by third parties in connection with the execution of the damage suffered and whose cause other than User is accountable.
If the User accordingly by third parties should be addressed, then User is obliged both outside and in law to assist and immediately what to do for him in that case can be expected. If the other party fail to take adequate measures, then User, without notice, entitled themselves doing so. All costs and damages on the part of users and third parties are created, are for the account and risk of the Other.

Article 13 Intellectual property
User reserves the rights and powers for which he is entitled under the Copyright and other intellectual property laws and regulations. User has the right by the execution of an agreement at his side increased knowledge for other purposes, provided that no strictly confidential information of the other party to the notice of third parties.

Article 14 Applicable law and disputes
All legal relationships where User is a party, only Dutch law applies even if a contract wholly or partly abroad to be given or if the legal relationship with the party concerned is domiciled there. The applicability of the CISG is excluded.
Parties will first appeal to the courts after they went to great lengths to solve a dispute by mutual consultation to settle.

Article 15 and alteration conditions
These conditions are registered at the Chamber of Commerce in Tilburg city, Netherlands.
Applicable is the last registered version or the version valid at the time of the creation of the legal relation with User.

The Dutch text of these general conditions is decisive for the interpretation.