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General terms and conditions
General terms and conditions Plastima Group
E-mail: info@plastima.nl
Website: https://www.plastima.nl
1. Plastima Group, established in Breda under CoC no. 20050898.
2. Customer: the person with whom Plastima Group has entered into an agreement.
3. Parties: Plastima Group and customer together.
4. Consumer: a customer who is also an individual acting as a private person.
Article 1 - Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Plastima Group.
The parties can only deviate from these conditions if they have expressly agreed to this in writing.
The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
Article 2 - Offers and quotations
Offers and quotations of Plastima Group are without obligation, unless expressly stated otherwise therein.
An offer or quotation is valid for a maximum of 2 weeks, unless another acceptance period is stated in the offer or quotation.
If the customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.
Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed to this in writing.
Article 3 - Acceptance
On acceptance of an offer or quotation without obligation, Plastima Group retains the right to withdraw the offer or quotation within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.
Verbal acceptance by the customer only commits Plastima Group after the customer has confirmed it in writing (or electronically).
Article 4 - Prices
All prices charged by Plastima Group are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, dispatch or transport costs, unless expressly stated or agreed otherwise.
All prices applied by Plastima Group for its services and products, on its website or otherwise made known, may be changed by Plastima Group at all times.
The parties agree on a total amount for a service by Plastima Group as a guide price, unless the parties have expressly agreed in writing on a fixed price from which no deviation can be made.
Plastima Group is entitled to deviate up to 10% from the target price.
Should the guide price exceed 10%, Plastima Group must inform the customer in good time why a higher price is justified.
If the guide price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the guide price increased by 10%.
Plastima Group has the right to adjust its prices annually.
Plastima Group will communicate price adjustments to the customer before they take effect.
The consumer has the right to terminate the agreement with Plastima Group if he does not agree with the price increase.
Article 6 - Payments and payment term
1. Plastima Group may, when entering into the agreement, require a down payment of up to 50% of the agreed amount
Plastima Group may, when entering into the agreement, demand a down payment of up to 50% of the agreed amount.
The customer must have made payments in arrears within 1 month of delivery.
Payment deadlines are considered fatal payment deadlines. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment period, he will be legally in default and in default, without Plastima Group having to send the customer a reminder or give notice of default.
Plastima Group reserves the right to make a delivery subject to immediate payment or to demand a security for the total amount of the services or products.
Article 7 - Payments and term of payment & Article 8 - Consequences of late payment
If the customer does not pay within the agreed term, Plastima Group is entitled to charge the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month.
When the customer is in default, he will also owe extrajudicial collection costs and possible damages to Plastima Group.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer fails to pay on time, Plastima Group may suspend its obligations until the customer has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Plastima Group on the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Plastima Group, he is still obliged to pay the agreed price to Plastima Group.
Article 9 - Right of complaint
As soon as the customer is in default, Plastima Group is entitled to invoke the right of complaint in respect of the unpaid products delivered to the customer.
Plastima Group invokes the right of complaint by means of a written or electronic communication.
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 Plastima Group, unless the parties make other arrangements in this respect.
The costs of retrieving or bringing back the products shall be borne by the customer.
Article 15 - Reimbursement of delivery costs Article 18 - Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfilment of any obligation arising from this agreement.
Article 19 - Right of retention
Plastima Group may invoke its right of retention and in that case retain products of the customer until the customer has paid all outstanding invoices towards Plastima Group, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Plastima Group.
Plastima Group is never liable for possible damage which the customer may suffer as a result of the use of his right of retention.
Article 20 - Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt to Plastima Group against a claim against Plastima Group.
Article 21 - Retention of title
Plastima Group remains the owner of all delivered products until the customer has completely fulfilled all his payment obligations towards Plastima Group on the basis of whatever agreement entered into with Plastima Group, including claims for failure to fulfil.
Until such time, Plastima Group may invoke its retention of title and repossess the goods.
Before ownership is transferred to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
If Plastima Group invokes its retention of title, the agreement will be considered dissolved and Plastima Group will be entitled to claim damages, lost profits and interest.
Article 22 - Delivery
Delivery takes place as long as stocks last.
Delivery takes place at Plastima Group, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed amounts are not paid or not paid on time, Plastima Group has the right to suspend its obligations until the agreed part has been paid.
Late payment constitutes creditor default, with the result that the customer cannot hold a late delivery against Plastima Group.
Article 23 - Delivery time
The delivery times stated by Plastima Group are indicative and if exceeded do not give the customer the right to dissolve or claim compensation, unless the parties have expressly agreed otherwise in writing.
The delivery time commences after the offer signed for approval by the customer to Plastima Group has been confirmed to the customer by Plastima Group in writing or electronically.
An exceeding of the stated delivery time does not give the customer the right to compensation or the right to dissolve the agreement, unless Plastima Group does not within 14 days after purchase.
Article 24 - Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in good time.
Article 25 - Transport costs
Transport costs shall be borne by the customer, unless the parties have agreed otherwise.
Article 26 - Packaging and dispatch
If the packaging of a delivered product has been opened or damaged, the customer must, before taking delivery of the product, have this noted down by the forwarder or delivery person, failing which Plastima Group cannot be held liable for any damage.
If the customer himself is responsible for the transport of a product, he must report any visible damage to products or the packaging to Plastima Group prior to transport, in the absence of which Plastima Group cannot be held liable for any damage.
Article 28 - Insurance
The customer undertakes to insure the following items adequately and keep them insured against amongst other things fire, explosion and water damage as well as theft: delivered items which are necessary for the execution of the underlying agreement items of Plastima Group which are present on the premises of the customer items which have been delivered under retention of title
The customer will make the policy of these insurances available for inspection at the first request of Plastima Group.
Unless the parties have expressly agreed otherwise, the customer is obliged to take out CAR insurance at his own expense and the customer cannot claim compensation for any damage that would otherwise be covered by this insurance.
Article 29 - Storage
If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality shall be entirely borne by the customer.
Any additional costs resulting from premature or delayed acceptance of products shall be borne entirely by the customer.
Article 30 - Assembly/Installation
Although Plastima Group makes every effort to carry out all assembly and/or installation work to the best of its ability, it bears no responsibility for this except in the case of intent or gross negligence.
Article 31 - Guarantee
Where the parties have entered into an agreement with a service character, this contains for Plastima Group only an obligation of effort and therefore no obligation of result.
The guarantee relating to products applies exclusively to defects caused by faulty manufacturing, construction or material.
The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the moment they are legally and/or actually delivered, or at least come into the power of the customer or of a third party who takes delivery of the product on behalf of the customer.
Article 33 - Execution of the agreement
Plastima Group will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Plastima Group has the right to have the agreed service provision (partially) carried out by third parties.
The execution of the agreement will take place in mutual consultation and after written agreement and payment of any agreed advance by the client.
It is the responsibility of the customer that Plastima Group can commence the execution of the agreement in a timely manner.
If the customer has not ensured that Plastima Group can commence the execution of the agreement in good time, the resulting extra costs and/or extra hours will be for the account of the customer.
Article 34 - Provision of information by the customer
The customer shall make all information, data and documents relevant for the correct execution of the agreement available to Plastima Group in good time and in the desired form and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
If and insofar as the customer so requests, Plastima Group will return the documents in question.
If the customer does not, not in time or not adequately make available the information, data or documents reasonably required by Plastima Group and the execution of the agreement is thereby delayed, the resulting extra costs and extra hours will be for the account of the customer.
Article 36 - Duration of the agreement concerning a service
The agreement between Plastima Group and the customer concerning a service or services is entered into for the duration of 1 year, unless something else follows from the nature of the agreement or the parties have expressly agreed otherwise in writing.
After expiry of the term mentioned in paragraph 1 of this article, the agreement will tacitly be converted into an agreement for an indefinite period of time, unless one of the parties terminates the agreement with due observance of a notice period of 2 months, or, as the case may be, a consumer terminates the agreement with due observance of a notice period of 1 (one) month, as a result of which the agreement ends by operation of law.
3. If, within the term of the agreement, the parties have agreed on a term for the completion of certain work
3. If the parties have agreed on a deadline within the term of the agreement for the completion of certain work, this is never a fatal deadline. If this term is exceeded, the customer must give Plastima Group written notice of default.
Article 37 - Termination of agreement for a definite period
The customer or consumer may not terminate an agreement concerning a fixed-term service until after 1 (one) year.
After expiry of the minimum term of 1 (one) year, the aforementioned agreement may be terminated by the customer, subject to a notice period of 3 months.
After expiry of the minimum term of 1 (one) year, the aforementioned agreement can be terminated by a consumer subject to 1 (one) month's notice.
If the agreement concerning a service is entered into for less than 1 (one) year, the agreement cannot be terminated prematurely.
Article 39 - Intellectual property
Plastima Group retains all intellectual property rights (including copyright, patent rights, brand rights, drawing and model rights, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
The customer may not copy, show and/or make available to third parties or use in any other way the aforementioned intellectual property rights without the prior written permission of Plastima Group.
Article 40 - Confidentiality
The customer will keep confidential any information (in whatever form) which he receives from Plastima Group.
The same applies to all other information concerning Plastima Group of which the customer knows or can reasonably suspect that it is secret or confidential, or of which he can expect that its dissemination can cause damage to Plastima Group.
The customer will take all necessary measures to ensure that he also keeps the information mentioned in paragraphs 1 and 2 secret.
The duty of confidentiality described in this article does not apply to information: which was already public before the customer learned of it or which subsequently became public without this being the result of a breach of the customer's duty of confidentiality disclosed by the customer pursuant to a legal obligation
The confidentiality obligation defined in this article shall apply for the duration of the underlying agreement and for a period of 3 years after its expiry.
Article 41 - Penalty clause
If the other party violates the article of these general terms and conditions on confidentiality or on intellectual property, he forfeits for each violation for trade name an immediately claimable fine if the other party is a consumer this fine amounts to € 1,000 if the other party is a legal person this fine amounts to € 5,000
In addition, the other party forfeits an amount of 5% of the amount mentioned in paragraph 1 for each day that the violation continues.
No prior notice of default or court proceedings are required to forfeit this penalty. Nor does it require any form of damage.
Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of Plastima Group including its right to claim damages in addition to the fine.
Article 42 - Indemnification
The customer indemnifies Plastima Group against all claims of third parties in connection with the products and/or services delivered by Plastima Group.
Article 43 - Complaints
The customer must examine a product delivered or service rendered by Plastima Group for possible shortcomings as soon as possible.
Should a product delivered or service provided not meet what the customer could reasonably expect from the agreement, the customer must inform Plastima Group of this as soon as possible, but in any event within 1 month after observation of the shortcomings.
Consumers must inform Plastima Group at the latest within 2 months after observation of the shortcomings.
In doing so, the customer shall give as detailed a description as possible of the shortcoming, so that Plastima Group is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to work in progress, this cannot in any case lead to Plastima Group being obliged to carry out work other than that agreed upon.
If the customer is dissatisfied with the service provided by Plastima Group, the customer will communicate this to Plastima Group as soon as possible and the parties will try to reach an informal solution.
If the path followed in paragraph 1 does not lead to a sufficient solution, the customer can submit a complaint to NRK.
Article 44 - Notice of default
The customer must give notice of default in writing to Plastima Group.
It is the responsibility of the customer that a notice of default actually reaches Plastima Group (on time).
Article 45 - Joint and several liability of the customer
If Plastima Group enters into an agreement with several customers, each of them will be jointly and severally liable for the full amounts they owe to Plastima Group under that agreement.
Article 46 - Liability Plastima Group
Plastima Group is only liable for any damage suffered by the customer if and insofar as that damage has been caused by intent or conscious recklessness.
If Plastima Group is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
Plastima Group is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If Plastima Group is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance company 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 to which the liability relates.
All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and only apply approximately and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Article 47 - Expiry period
Every right of the customer to compensation from Plastima Group lapses in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Civil Code.
Article 48 - Right of dissolution
The customer has the right to dissolve the agreement when Plastima Group imputably fails to fulfil its obligations, unless this failure, in view of its special nature or minor importance, does not justify the dissolution.
If the fulfilment of the obligations by Plastima Group is not permanently or temporarily impossible, dissolution can only take place after Plastima Group is in default.
Plastima Group has the right to dissolve the agreement with the customer, if the customer fulfils his obligations from the
3. Plastima Group has the right to dissolve the agreement with the customer, if the customer does not fulfil his obligations from the agreement in full or in a timely manner, or if Plastima Group has become aware of circumstances that give him good reason to fear that the customer will not be able to fulfil his obligations properly.
Article 49 - Force majeure
In addition to the provisions of article 6:75 of the Dutch Civil Code, it applies that a shortcoming of Plastima Group in the fulfilment of any obligation towards the customer cannot be attributed to Plastima Group in a situation independent of the will of Plastima Group, as a result of which the fulfilment of its obligations towards the customer is wholly or partly prevented or as a result of which the fulfilment of its obligations cannot in all reasonableness be demanded of Plastima Group.
The force majeure situation mentioned in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as civil war, revolt, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverers or other third parties; unexpected power-, electricity-, internet-, computer- and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation arises as a result of which Plastima Group cannot fulfil 1 or more obligations towards the customer, those obligations will be suspended until Plastima Group can fulfil them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in full or in part.
In a force majeure situation, Plastima Group is not due any (compensation), not even if it enjoys any advantage as a result of the force majeure situation.
Article 50 - Amendment of the agreement
If, after the conclusion of the agreement for its execution, it appears necessary to amend or supplement its contents, the parties shall in due time and in mutual consultation adapt the agreement accordingly.
The previous paragraph does not apply to products purchased in a physical shop.
Article 51 - Amendment of general terms and conditions
Plastima Group is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be implemented at all times.
Major substantive amendments will be discussed by Plastima Group as far as possible in advance with the customer.
Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Article 51 - Transfer of rights
Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Plastima Group.
This provision applies as a stipulation with property law effect as referred to in article 3:83, second paragraph, Civil Code.
Article 52 - Consequences of nullity or voidability
If one or more provisions of these general conditions prove to be null and void or annullable, this shall not affect the other provisions of these conditions. A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what Plastima Group had in mind when drawing up the conditions on that point. Article 53 - Applicable law and competent court Every agreement between the parties is exclusively governed by Dutch law. The Dutch judge in the district where Plastima Group has its registered office/practice/office is exclusively authorised to take cognisance of any disputes between the parties unless the law imperatively prescribes otherwise.
Drawn up on 01 March 2023 in Breda, the Netherlands.
