General conditions

Definitions

a. Buyer: The party placing the order, or buyer, purchaser.
b. Contractor: Creative Tent Systems, located at Nobelstraat 44b 38 in Nijkerk.
c. Entrepreneur Identity: Creative Tent Systems as the trade name of Creative Tent Systems B.V.
d. Agreement: Any order to provide services that is entered into between the client and the contractor, any amendment or addition thereto, as well as all (legal) acts in preparation and execution of that order.

Applicability

1. These general conditions constitute an agreement entered into by Creative Tent Systems, hereinafter referred to as “Seller,” with a business or private party, hereinafter referred to as “Buyer,” unless these conditions are expressly deviated from by Landlord.
2. The general terms and conditions apply to every quotation, delivery and payment.
3. The conditions also apply to agreements with Seller for the execution of which third parties must be engaged by Landlord and also apply to its employees and management.
4. If one or more provisions of these general terms and conditions should at any time be wholly or partially void or destroyed, the remainder of these general terms and conditions shall remain in full force and effect. Seller and Buyer will then consult to agree on new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and intent of the original provisions. The final acceptance emphatically always lies with Seller.
5. If ambiguity exists regarding the interpretation of one or more provisions of these general terms and conditions, then the interpretation must take place “in the spirit” of these provisions. Final acceptance always lies with Seller.
6. Amendments to the purchase agreement and deviations from these general terms and conditions shall only be effective if they have been agreed in writing between the Seller and the Buyer.

Quote

1. Quotations and offers issued by Seller are without obligation, unless Landlord has expressly provided otherwise in writing. A quotation or offer expires if the product or delivery of the product to which the quotation or offer relates is no longer available in the meantime.
2. Seller cannot be held to its quotations or offers if the Buyer can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or slip of the pen.
3. If the acceptance (whether or not on minor points) differs from the offer included in the quotation or the offer, the Seller shall not be bound by it. The agreement will then not be established in accordance with this deviating acceptance, unless Seller indicates otherwise in writing.
4. A composite quotation does not oblige Seller to perform part of the order at a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders provided they are confirmed in writing by Seller.

Establishment of agreements

Agreements shall only be deemed to have been concluded, including in the case of intermediaries (representatives) on behalf of the Seller with third parties, if and insofar as they have been accepted or confirmed in writing by the Seller and also the desired payment security, in whatever form, as well as all documents required for the conclusion of the agreement have been received from the Buyer.

Returns

a. Products may be returned only postage paid and with Seller’s permission within 14 days of receipt by the Buyer in the original packaging, undamaged for resale, with copy of packing slip and invoice showing goods delivered.

b. For custom tents or tarpaulins, Section 5.a does not apply. No return rights apply to these products.

Prices
1. 1. Prices are in Euro, unless expressly agreed otherwise.
  2. All prices mentioned in the price list are recommended retail prices and are exclusive of VAT. Verbally stated prices are not binding, The Buyer reserves the right to change prices without prior notice to the buyer.
  3. The prices stated in quotations, contracts and order confirmations are based on the cost factors applicable at the time the agreement was made, such as exchange rates, manufacturer’s prices, raw material and material prices, wage and transport costs, insurance premiums, taxes, import duties and other government levies. The Seller reserves the right, if increases in one or more of the cost factors occur after the date on which the agreement is made, but before the day of delivery, to charge such increases to the Buyer.
  4. If no fixed fee is agreed upon, the fee will be determined on the basis of hours actually worked. The fee will be calculated according to KES’s usual hourly rates, valid for the period in which the work is performed, unless a different hourly rate has been agreed upon.
  5. The hourly rate for additional work (for example, setting up the tent, hanging decorations, removing furniture, etc.) is €45, – excl. VAT per hour per employee.

Delivery
1. 1. Unless otherwise agreed, both deliveries of products and parts are made ex warehouse, which means the place from which or on behalf of us delivered.
  2. Delivery terms are set on a transaction-by-transaction basis. The delivery period shall commence when the order is accepted or confirmed by the Seller in accordance with Article 4.
  3. We will meet delivery deadlines to the best of our ability. Exceeding the delivery period, however, for whatever reason, does not constitute such a breach of contract that would give the buyer any right to rescind the contract or claim compensation from us for direct or indirect damages, regardless of whether such damages would have been suffered by him or a third party. If the delivery period is exceeded, the Seller will consult with the Buyer.
  4. If a Buyer requests delivery of goods in a manner other than the usual manner, the Seller may charge the Buyer for the associated costs. If the delivery is made in parts, the Seller has the right to consider each delivery as a separate transaction.

Packaging and shipping
1. 1. If the stretch tent is not assembled by Buy a Stretchtent and must be shipped to the customer, the following items apply:
  2. The products are packed in our preferred manner or shipped unpackaged. The packaging charged by the Seller will be taken back at the same price, provided it has been received by the Seller, postage paid and in good condition, within 14 days of receipt of products.
  3. To cover freight/postage and packaging costs, the following standard amounts are charged for the shipments listed below: €10.00 for shipments of less than €500.00 net; €10.00 for C.O.D. and express shipments by mail; €20.00 for express shipments by messenger. For shipments to Belgium and Germany, we will charge a net €20.00 fee for orders below €500.00. For other export shipments, the freight forwarder’s actual costs will always be charged. Difficult to ship items such as pipe, masts, hose and rail etc. will always incur freight and packaging charges.

Specifications
1. 1. Images and descriptions are in accordance with reality as much as possible. However, deviations are expressly reserved. All dimensions, weight specifications and in particular safe or breaking loads mentioned are for indicative purposes only and cannot imply any liability for the Seller in the event of a calamity.
  2. The seller has no obligation to include operating and/or assembly instructions with the delivered goods.
  3. The buyer is deemed to be aware of the appropriate use and applications as well as a proper method of assembly of the delivered goods.
  4. Where it concerns the data, measurements, color fastness and the like provided by the Seller in our quotation, or what forms part thereof ex Article 2, the Purchaser must take into account the usual tolerances and minor changes in the goods delivered by us. More specifically, this applies to deviations from the contracted quantity; here, too, the Customer must allow for customary allowances. The goods delivered by the Seller may therefore deviate from the description in the order if and insofar as they are minor size differences, quantity differences and minor changes.
  5. If a sample or model has been shown or provided to the Customer, it is presumed to have been provided as an indication only, unless it is expressly agreed that the product to be delivered will correspond with it.

Takeout duty
1. 1. The Customer is obliged to take delivery of the products at the agreed time or within the agreed period.
  2. If the products are not purchased by the Buyer, the Seller reserves the right to sell and/or hold the products in question for the Buyer’s account and risk, at the Seller’s discretion. The Seller is also entitled to consider the agreement dissolved, without judicial intervention, with reimbursement of any costs incurred.
  3. The Seller shall not be obligated to transfer the proceeds, less costs incurred, to the Buyer until the Buyer has paid the purchase price in full, all without prejudice to the Seller’s right to offset the proceeds against the sales price.

Payment
1. 1. Unless otherwise agreed, payment shall be made 50% upon confirmation and 50% in the week before delivery. The Buyer is not entitled to any deduction or set-off in any way.
  2. For deliveries made in parts, each part may be invoiced separately.
  3. Claims do not suspend payment obligations, including with respect to approved returns.

Collateral

If the Seller receives unfavorable reports about the Buyer in financial or business terms, even if this situation occurs after written confirmation of an order, we are entitled to demand advance cash payment or security for payment (e.g. by means of a bank guarantee). If the Buyer has not complied within the specified requirements, the Seller shall be entitled to rescind the purchase agreement without judicial intervention, without being liable for compensation.

Failure to fulfill payment obligations
1. 1. Without prejudice to any other rights to which the Seller is entitled under the law or the agreement, if payment is not made on time, the Buyer shall be deemed to be in default without any notice of default or judicial intervention being required, and shall owe interest equal to the statutory interest rate, as determined by the Nederlandsche Bank, but at least 2% per month, on the invoice amount, for every month or part of a month that payment has not been made, to be deducted from the invoice date.
  2. All costs, judicial and extrajudicial, incurred by us as a result of late payment by the buyer, including the fees of the third parties engaged by us for collection, shall be borne by the buyer.

Retention of title
1. 1. The Seller reserves ownership of all goods delivered by the Seller until the purchase price is paid in full.
  2. In the event that the Seller wishes to exercise its property rights referred to in this article, the Buyer hereby gives unconditional and irrevocable permission to the Seller, or third parties to be appointed by the Seller, to enter all those places where the Seller’s property is located and to take back those goods.

Retention of title and risk
1. 1. All products sold and delivered shall remain the property of Seller until all claims on any account have been paid by Buyer, including collection costs and interest on those claims.
  2. The Customer is not entitled to transfer ownership of these products, before ownership shall have passed to him, possibly processed or treated to third parties, whether or not as security. Nevertheless, the Customer is authorized to resell the products in the ordinary course of business. The Purchaser shall at all times cooperate in enabling us to effect our right of ownership.
  3. If the Seller has reasonable doubt about the Buyer’s ability to pay, we are authorized to postpone delivery of the goods until the Buyer has provided security for payment. The Customer shall be liable for any damages to be suffered by us due to such delayed delivery.

Warranty
1. 1. The seller guarantees the quality of the delivered products in accordance with the warranty terms applied by the supplier. Any warranty claim shall be void if the products are not stored and/or handled in accordance with the appropriate use or in accordance with the instructions accompanying the products where available.
  2. Seller’s liability is limited to replacement of the delivered good or taking back the delivered good upon payment of the sales price, all at our option.
  3. The right to warranty lapses if the other party fails to fulfill its obligations under the agreement entered into with us or fails to do so in a timely manner.
  4. Complaints regarding misuse, negligence, discoloration and mold will not be honored.
  5. The liability arising from the warranty never extends beyond the manufacturer’s warranty with respect to the materials generated in our product.
  6. The warranty is granted to the first user of the items and is not transferable.

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Complaints must be submitted to us in writing no later than eight days after delivery, failing which the Purchaser shall be deemed to have accepted the delivery.

Liability
1. 1. We are not liable for any damage, in whatever form and whether direct or indirect, which could result from the improper use or unsuitability, respectively, of the goods delivered by us.
  2. The Purchaser is obliged to insure the risk of fire and theft with respect to the unpaid goods and to prove this insurance at our request.
  3. Any order accepted by Seller is subject to an obligation of effort. Seller cannot be held liable for results not achieved. The Seller shall be liable only for shortcomings in the execution of the order resulting from carelessness and incompetence in the execution of orders.
  4. If the Seller is liable for direct damages, such liability shall be limited to a maximum of the claim amount. Liability shall at all times be limited to a maximum of the amount of the payment to be made by the Contractor’s insurer in the appropriate case.
  5. Color deviations and other deviations of a minor nature will never constitute grounds for dissolution of an agreement.

Force majeure
1. 1. In the event of force majeure on the part of the Seller, performance of the purchase agreement shall be suspended for as long as the force majeure condition makes performance impossible for us, without prejudice to our authority to rescind the agreement without judicial intervention, in which case the Buyer shall only be required to pay reasonable compensation for what has already been performed.
  2. Force majeure here means any circumstance which we could not reasonably take into account and as a result of which the normal performance of the agreement cannot reasonably be required by the buyer, as well as insofar as not already included therein, natural and environmental disasters, war, danger of war, riots, restrictive measures by domestic and foreign governments, strikes, machine damage, staff shortages, transport congestion, lack of means of transport, fire and other calamities in our company or our supplier’s company.

Dissolution
1. 1. Without prejudice to the provisions of article 12, the purchase agreement shall be dissolved without judicial intervention after a written declaration at the time when the buyer is declared bankrupt, applies for a provisional suspension of payments, or loses the power of disposition of his assets or parts thereof through taxation, receivership or otherwise.
  2. Due to the dissolution, mutually existing claims become immediately due and payable. The Purchaser is liable for damages suffered by us, including expenses incurred and loss of profits.

Applicable law

All agreements concluded under these terms and conditions and any disputes arising therefrom shall be governed by Dutch law.

Dispute resolution

All disputes that may arise as a result of these conditions and agreements subject to them will be settled by the competent court in the district where we have our registered office.

Authentic language

Even when these general terms and conditions are provided in a language other than Dutch, in case of doubt the Dutch version of these terms and conditions shall prevail.