Terms and conditions Globe Europe BV
These general conditions apply to all our offers, agreements and deliveries; deviation from these conditions is only possible if expressly agreed in writing.
General terms and conditions of contracting parties are not accepted and do not apply unless expressly agreed in writing.
2. Offers and agreements.
All our offers are non-binding or – if a deadline has been set – only binding for the said deadline.
Agreements concerning the delivery of goods and/or services will only come into effect after written confirmation by us.
Article II.2 also applies to all agreements and offers entered into or made by our agents, representatives, intermediaries and/or resellers.
Statements of sizes, weights etc. are as accurate as possible; we reserve the right to make small differences in execution.
The contents of our written confirmation are binding for our other party, unless within eight days after dispatch the correctness thereof is disputed in writing.
Unless otherwise agreed in writing, our prices are exclusive of V.A.T.
Increases, occurring after our offers, in wages, social security charges, raw materials, exchange rates, government levies (especially taxes), freight and/or customs tariffs, will be passed on to the other party for those goods, which at the time of the commencement of such increase have yet to be delivered by us.
4. Delivery, delivery time and conditions.
Unless otherwise agreed, delivery of articles from the internet shop with a total order amount higher than 350.00 euro ex VAT shall always be free domicile*. Below this amount, the shipping costs are 10,- euro. (* Shipments which are sent cash on delivery are charged with an amount determined by Globe Europe BV. This amount can be found on the homepage of Globe Europe BV under the heading shipping.
All goods travel at the expense and risk of the customer.
If delivery is made from our warehouse, then delivery will take place when the goods are made available to the buyer in our warehouse; acceptance must take place within 30 days after the buyer has been notified that the goods are available. If the goods are not accepted on time, the buyer shall be in default by the mere expiration of three days after our written warning is delivered to the post without notice of default being required. We are then entitled, without judicial intervention, to cancel the contract for the part not yet fulfilled by simple notification, without prejudice to our right to damages.
Our delivery times are without obligation. Exceeding the delivery time shall never entitle the principal to any compensation, dissolution of the agreement or non-fulfilment of any obligation which may result for him from this or any other agreement related to this agreement; neither shall the principal be entitled, whether or not by virtue of authorization by the court, to carry out activities for the execution of the agreement himself or to have them carried out by third parties.
If the delivery has to take place in parts, each delivery will be considered a separate transaction with all legal consequences thereof.
Cases of force majeure in particular seizures of any kind and for any reason, breakdowns in the company and/or at the time of delivery, lack of fuel, as well as all other unforeseen events in vendor’s warehouse, at the companies from which the vendor procures his goods or raw materials – and at the railroads, any other transport hindrance or delay, as well as the non-delivery of the goods by our suppliers, labor strikes and lockouts, export and import bans and/or import restriction, fire or accidents, mobilization, war, riots or compelling legal provisions, shall entitle the seller to permanently or temporarily cancel all or part of his delivery obligations or to carry them out at a later date, and in the event of partial acceptance, shall extend the period of acceptance by the time of the failure.
5. Extended retention of title.
The goods delivered by us remain our property until the customer has paid all claims which we may have against the customer, for whatever reason, including any interest and costs. As long as we are the owner of the goods, the Purchaser is not authorized to pledge the goods to third parties or to transfer ownership thereof other than in accordance with his normal business or the normal destination of the goods. If and in the event that the Purchaser does not meet his payment obligations or does not meet them on time, we shall be irrevocably authorized by the Purchaser to take back the goods delivered without notice of default or judicial intervention.
If a third party wishes to exercise right over the goods, while they are still our property, the other party is obliged to inform us of this immediately.
Full payment as referred to in paragraph 1 can only be made if the amount due has been received by us. Issue of bills of exchange or other commercial paper, debiting of current account or otherwise cannot therefore be regarded as payment.
Payment must be made by means of a transfer in advance, payment via the Ideal payment system in which most banks are established, credit card (Interpay Netherlands) or cash for shipments sent C.O.D.
Failure to pay an invoice on the due date, by operation of law, results in the immediate exigibility of all amounts owed by the buyer, including those pursuant to any other invoices.
Payments shall first be used to cover expenses and interest incurred and shall only thereafter be used to cover deliveries made, on the understanding that such payments shall always be set off against the oldest invoices.
Without prejudice to the above provisions, we reserve the right at all times to demand payment on delivery or to demand guarantees for payment of other current orders, especially if, in the seller’s opinion, the credit granted to the buyer is too high.
In case of extrajudicial collection, the other party shall owe, in addition to the principal sum and interest, 15% collection costs on the outstanding principal sum plus the VAT due.
In case of judicial collection, including bankruptcy petition, the other party shall owe interest and extrajudicial costs in addition to the judicial costs.
If the buyer fails to pay on time and furthermore if he is declared bankrupt, applies for suspension of payment, sells or liquidates his company, or if one or more of his goods are seized, we may suspend our obligation to deliver or cancel the agreement for the part not yet performed by simple notification, without prejudice to our right to performance or compensation. We reserve the right during the course of the contract to demand security for payment and, if this is not provided to our satisfaction, to suspend delivery until the security is provided.
Complaints for incomplete delivery, for apparent defects in goods must be communicated to us in writing without delay, but at the latest within eight days of delivery of the goods, failing which complaints can no longer be considered and our warranty obligations in respect of those defects lapse.
The right to complain lapses as soon as the goods have undergone further processing, assembly or installation, or have been stored improperly.
If the complaints are not submitted in accordance with that stated under 1, or if we are not given the opportunity to examine the material about which a complaint is made, any right of complaint and/or warranty lapses.
Complaints do not entitle the other party to refuse receipt or payment of the goods or to postpone them.
Any right to complain lapses if 1/2 year has passed since receipt of the goods.
A buyer who fails to fulfill any obligations under the contract concluded with us thereby forfeits his right to complain.
If the goods delivered by us are defective or faulty, we shall, at our option, proceed to replace them ex works or to pay compensation up to a maximum of the invoice value of such goods, if and to the extent that our suppliers appear to be willing and able to do so to us.
If the goods delivered by us show a defect, we are also liable for the damage which a buyer may suffer as a result, unless:With regard to the damage which a buyer may suffer as a result of a defect in a product sold by us which is not due to our fault, but is a consequence of a defect in – purchased by us from a manufacturer or supplier – raw materials and/or parts – which we have processed in the goods sold and delivered by us and to which the defects are in fact attached, we are only liable for the damage which a buyer may suffer as a result thereof insofar as the manufacturer or supplier can be held liable by us and this manufacturer or supplier in turn actually proceeds to compensate us for the damage suffered.
We have not put the product into circulation;
It is likely, given the circumstances, that the defect which caused the damage did not exist at the time we put the product into circulation or that the defect arose later;
The product was not manufactured for sale, or for any other form of distribution with an economic purpose of ours, nor was it manufactured or distributed in the course of our profession or business;
The defect is a result of the product’s compliance with mandatory government regulations;
Based on the state of scientific and technical knowledge at the time we put the product into circulation, it was impossible to detect the existence of that defect.
Our liability as described in the previous paragraphs shall be reduced or cancelled, taking into account all circumstances, if the damage was caused both by a defect in a product and by the fault of the buyer or a person for whom the buyer is liable.
The liability, as described in subsection 2 opening words of this article, exists only for:
Otherwise, we shall not be liable at all for any direct or indirect damage suffered by a buyer as a result of a defect in the performance of our obligations. Buyer indemnifies us for any liability to third parties.
Damage due to death or bodily injury;
Damage caused by the product to another object, which is normally intended for private use or consumption and which was also mainly used or consumed privately by the purchaser, subject to an excess amounting to e 573.
The buyer will have to provide sound and explicit proof of the damage, the defect and the causal link between the defect and the damage.
All machines are supplied with a manufacturer’s warranty determined by the manufacturer. Claims and/or warranty lapse, among others, if the machine is abused or not maintained according to the instructions, or if third parties start repairing or disassembling the machine.
No warranty is given on hard metal tools and drill chucks.
With respect to materials and/or products obtained by us from third parties, the warranty provisions of our suppliers apply to our other party.
All disputes, including those considered as such by only one of the parties, will be settled by the ordinary court in Maastricht.