Terms & Conditions
Terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF WERELDMAMA B.V.
Wereldmama B.V. / Brightmum
Steinweg 1, 6367GM Voerendaal
Chamber of Commerce, No.: 55452353
BTW/VAT NL 851718887B01
1.These Terms and Conditions shall, to the exclusion of any terms and conditions of any third parties, apply to every delivery of products coming from Wereldmama B.V.., a private limited company, hereinafter called 'Supplier', all agreements relating thereto and all acts connected therewith, both of a preparatory and an executory nature, such as quotations, confirmations of order and deliveries.
2.Any deviating terms and conditions shall apply only insofar as they have been explicitly accepted in writing by Supplier and shall apply only to the agreements concerned.
3.If any provision contained herein is invalid for any reason whatsoever, all other provisions hereof shall remain in force.
2.Quotations and orders
1.Unless otherwise stated in writing, all quotations made by Supplier in any form whatsoever shall be free of engagement. If a quotation contains an offer without engagement and such offer is accepted by Purchaser, Supplier shall be entitled to withdraw it within 2 workdays from receipt of the acceptance.
2.The contents off all price-lists, brochures and other information furnished with a quotation have been stated as accurately as possible. The data concerned shall be binding on Supplier only if this was expressly confirmed in writing by Supplier.
3.Supplier reserves the right to decline orders without assigning any reasons therefore, or send the order within a longer term, because of circumstances beyond one’s control or due to external causes the product/products is/are not in stock. This will be communicated to the customer within 2 business days after ordering.
1.Subject as provided below, no agreement with Supplier shall be complete until after Supplier has accepted or confirmed an order in writing within 7 days after its receipt. The confirmation of the order shall be deemed tot state the agreement correctly and completely.
2.No supplementary or changed arrangements and/or undertakings that may have been given and/or made by any employees or, on Supplier's behalf, by the Supplier's agents, representatives and other persons, after the completion of the agreement shall be binding upon Supplier unless confirmed in writing by the same.
3.For any work for which no confirmation of order is sent by reason of its nature or amount, the invoice shall at the same time be regarded as a confirmation of order, which shall be deemed to state the agreement correctly and completely.
4.On or after entering into the agreement, Purchaser will at Supplier's request be bound to provide sufficient security in connection with his obligations to pay and other obligations arising from the agreement. Pending such provision of security, Supplier shall be entitled to suspend its obligations. After direct payment, the Supplier must ship the order within 5 business days, unless there are circumstances beyond one’s control or external causes. In those cases, the order will be send within a maximum of 20 business days. This will be communicated to the customer.
5.The buyer has a time of reflection of 7 business days after receiving the order. These 7 business days start when the Purchaser, or someone else out of the Purchaser’s name, receives or picks up the order. Within these 7 business days, the Purchaser can use his or her right to repeal the order, which leads to cancellation of the order. When the Purchaser decides to do this, shipping costs will have to be paid by the buyer. The amount paid for the products will be returned to the Purchaser, excluding the shipment costs, since the order has been shipped to the Purchaser. The refund of the amount paid for the products will only be completed when the products are in the same state as they were when they were shipped to the Purchaser. A refund will be given within 30 days after receiving the products are delivered to the Supplier. For more information, you can contact us by phone (0031 75 6177 121) or e-mail us through our contact page.
6.When the order doesn’t arrive within 30 days, the Purchaser has the right to cancel the order with no further costs. This isn’t possible when the order has been hold back by customs, or circumstances beyond one’s control. Within these 30 days, cancellation without further costs is possible, but only if the order hasn’t been send yet.
1.If any prices and/or rates of price-determining factors such as, for instance, wages, materials, currency values, undergo any increase through whatever cause, Supplier shall be entitled to increase the agreed price correspondingly, unless the order is already paid in advance.
2.Unless otherwise stated in writing, the prices stated by Supplier shall:
-be based on delivery ex stored at Voerendaal
-be exclusive of administrative charges, V.A.T. (21%), other taxes, impositions and duties;
-be given in Euro’s.
-excluding shipping costs, unless otherwise mentioned, or paid in advance through the webshop.
1.Unless expressly agreed otherwise, delivery times shall be stated approximately (between 3 to 8 workdays).
2.Unless expressly agreed otherwise, no delivery times stated can ever be regarded as limits of time. Therefore, in the event of late delivery, Supplier must be declared in default in writing. This isn’t the case when the cause is beyond our control.
3.Take notice that worldwide delivery time can vary a lot, and can take up to a maximum of 28 business days.
1.Unless otherwise agreed in writing, delivery shall take place ex store at Zaandam. The moment the goods on order leave the premises/store shall be regarded as the time of delivery.
2.As from the moment of delivery the goods delivered shall be for account and at the risk of Purchaser.
3.Any orders which for any reason whatsoever cannot be executed as a whole may not be delivered in parts, unless otherwise agreed.
4.In case of composite quotations, there shall be no obligation to supply any part at the corresponding part of the price quoted for the whole.
If Supplier was not given specific instructions by Purchaser, the manner of transport, forwarding, packing and such shall be decided by Supplier without any liability attaching to Supplier in respect thereto.
8.Reservation of ownership
1.All goods delivered by Supplier shall remain the property of Supplier until the time when Purchaser has fully paid all that is due to Supplier by Purchaser on account of any written agreement(s), concluded between Supplier and Purchaser, on which the deliveries are based and/or these General Terms and Conditions, including the total (balance) liabilities and all claims of Supplier in respect of any default made by Purchaser (including interest, costs, penalty) with regard to such agreements.
2.In the event that Purchaser fails to fulfil any obligation under the agreement (for example, failure to pay or incomplete payment by Purchaser of any amount due to and claimable by Supplier) and/or a petition for an official moratorium has been filed by or a petition in bankruptcy and/or for winding up has been presented by/against (one or more enterprises of) Purchaser and/or in case of his death, Supplier shall be entitled, without any notice of default being given and without any judicial intervention, to cancel the order and claim back as its own property any goods that may not have been paid for or not paid for in full, without prejudice to Supplier's rights to compensation in respect of any loss and/or damage. In the cases specified above any debt due to Supplier by Purchaser can be claimed at once as a lump sum.
3.Purchaser will be permitted to sell or use in the normal course of his business the goods delivered by Supplier. Purchaser will not be permitted to pledge the goods delivered by Supplier and/or transfer the ownership thereof as security.
4.Purchaser will be under the obligation immediately to inform Supplier in writing of any claims made by third parties to goods being subject to the reservation of ownership under this Article.
1.Any complaints shall be considered by Supplier only if they have been made in writing directly to Supplier with due observance of the provisions of this Article and if the nature and ground of the complaint have been accurately stated, and, further, may be made only with respect to products which are still in the condition in which they were delivered. In default thereof, no liability shall attach to Supplier.
2.Purchaser will be under the obligation to check the goods delivered, or their container(s), as the case may be, for possible defects, shortages on damage immediately on delivery, or to make an inspection immediately after having been informed by Supplier that the goods are at his disposal.
3.Purchaser shall cause to be stated on the delivery receipt any shortages and damage that may have been found. In case of contravention of the foregoing, no more claims will be considered. Complaints concerning quantities and measures must in any event be sent in to Supplier in writing within 48 hours after delivery, in default whereof the relevant data stated in the waybills, delivery receipts, invoices and such shall be regarded as binding.
4.Any complaints concerning any deviations/defects visible at the time of delivery shall be considered by Supplier only if they have reached Supplier in writing within 8 days from delivery. If it is uncertain what delivery date applies, the date coming 8 days after the date of despatch of the invoices shall be regarded as the final date for lodging the aforesaid complaints. Any complaints concerning any deviations/defects invisible at the time of delivery must have reached Supplier in writing within 8 days after the deviation or defect was found, or could reasonably have been found, but within 30 days at the most after delivery.
5.If and insofar as Supplier finds the claim to be wellgrounded, Supplier shall, at its option, either repair the defect(s) or replace the defective goods or, in case of a complaint about the quantities delivered, complete the goods delivered, without Purchaser being entitled to any damages whatsoever.
6.Making a claim shall not release Purchaser from his obligations to pay towards Supplier.
7.No goods delivered can be returned until after the previ¬ous written permission of Supplier has been obtained, subject to conditions to be fixed by Supplier.
1.Unless otherwise agreed in writing, payment must be made in advance via the website and the paypal payment system. The crediting date stated on Supplier's bank/giro statements shall be decisive and therefore be regarded as the date of payment.
2.The payments made by Purchaser shall always be applied in settlement of all interest and costs due and, after that, of the oldest outstanding invoices payable, even if it is stated by Purchaser that the settlement relates to a later invoice.
1.If the other party:
a.is adjudicated bankrupt/wound up (by the court), assigns his/its property, files a petition for an official moratorium or if all or any part of his/its property is attached, or
b.dies or is placed guardianship, or
c.fails to fulfil, either fully or partially, any obligations to Supplier which he/it is under, arising by operation of law or of any contractual conditions (including these General Terms and Conditions), or
d.fails to settle any invoice amount or any part thereof within the period fixed for the purpose, or
e.discontinues or transfers his/its enterprise or any major part thereof, including the bringing in of his enterprise into a company yet to be formed or already existing, or changes the objects of his/its enterprise.
Purchaser shall be deemed to be in default by operation of law and the (remaining) debt shall be payable at once.
2.In the cases specified in 12.1 Supplier shall be entitled, without being in any way liable in damages and without prejudice to the rights to which it is entitled, such as its rights with respect to any penalties or interest already fallen due and to damages, and without any notice of default or judicial intervention being required:
(a)to declare the agreement rescinded, either wholly or partially, by notice in writing to that effect given by registered letter to Purchaser, and/or
(b)immediately, without notice of default being given, to demand payment in full of any amount due by Purchaser by reason of the deliveries made by Supplier, and/or
(c)before any further performance on its part, first to obtain from Purchaser security for the (timely) ful¬filment of his obligations to pay.
1.If Supplier is prevented by force majeure of a permanent or temporary nature to (further) execute the agreement, Supplier shall be entitled, without being in any way liable in damages, to rescind the agreement either fully or partially by notice in writing to that effect, without any judicial intervention and without prejudice to Supplier's right to payment by Purchaser for any past performance by Supplier before there was any question of a situation of force majeure, or to suspend the (further) execution of the agreement. In case of suspension, Supplier shall be entitled yet to declare the agreement rescinded, either fully or partially.
2.Cases of force majeure shall include all circumstances by which Supplier is unable, either temporarily or permanently, to fulfil its obligations, such as fire, frost, strikes or lock-outs, riots, war, government measures such as import or export restrictions, excessive absenteeism of any employees of Supplier, default made by any suppliers of Supplier and, further, all circumstances in which Supplier cannot reasonably be expected (any longer) to perform its obligations to Purchaser.
13.Limitation of liability
1.Subject to the other provisions of this Article, Supplier's liability shall be specifically limited to that provided for by Article 9, paragraph 5 with respect to claims, so that Supplier shall never be liable, in connection with any goods delivered by it, for any (further) loss, including consequential loss, and not be li¬able to make compensation for any trading loss, loss of profits, loss resulting from personal accidents, loss arising from claims of any third parties against Purchaser or for any other loss whatsoever. Provided is always that Supplier's liability shall never exceed an amount equal to the lower of the following two amounts: Euro 1 million (maximum amount to be paid by the insurance company) or an amount equal to the value of the goods delivered by Supplier.
2.Supplier shall not be liable for any loss of any sort arisen or caused by the use of the goods delivered or by their being unfit for the purpose for which they were used by Purchaser.
3.Supplier shall not be liable for any loss of any sort caused by any acts or negligence of any employees in Supplier's service or of other persons whose services are employed by Supplier, including recommendations or other instructions made or given by such persons for the application and use of the goods delivered by us, save in the event of wilful intent and/or gross negligence.
14.Governing law and court of competent jurisdiction
1.All quotations, confirmations of order, agreements and their execution shall be exclusively governed by the laws of The Netherlands. Unless otherwise agreed in writing by the parties, the provisions contained in the Vienna Purchase Convention shall not apply.
2.All disputes, both factual and juridical, including those regarded as such by one party only, arising from or connected with the agreement
governed by these Terms and Conditions, or these Terms and Conditions themselves, and its/their interpretation or execution, shall be decided by the Civil Court of competent jurisdiction in the area in which Supplier has its registered office according to its Articles of Association, unless Purchaser is acting in the quality of consumer and another Court has jurisdiction on the basis of rules of imperative law.