Terms and conditions
In these general terms and conditions, the following words have the meaning stated below, unless the context shows the contrary: General terms and conditions means these general terms and conditions. Day means calendar day.
COOSA Crafts means COOSA Crafts VOF, established at Schepenveld 12-06, Zeewolde and registered in the Commercial Register of the Chamber of Commerce under number 70066285.
Customer means any legal person or natural person, acting in the exercise of his profession or business, who enters into or enters into an agreement with COOSA Crafts.
Website means the website of COOSA Crafts, being www.coosacrafts.nl.
1. These general conditions apply to all offers made by COOSA Crafts, quotations, agreements and all resulting obligations with the customer. Insofar as the customer (also) orders other products or services to which special general terms and conditions apply, these will also be declared applicable to the agreement between the customer and COOSA Crafts.
2. If the customer declares applicable general terms and conditions to an agreement with COOSA Crafts or refers to them, these general terms and conditions will not be accepted by COOSA Crafts.
accepted and prevail the general terms and conditions of COOSA Crafts, unless expressly agreed otherwise at an earlier stage.
3. The general conditions are communicated to the customer in advance and can always be consulted via the website and can also be downloaded there as a PDF file. The general terms and conditions will are sent free of charge on request.
4. Everything stipulated in these general terms and conditions and in any further agreements for COOSA Crafts is also stipulated for the benefit of COOSA Crafts.
third parties engaged.
5. These general terms and conditions do not apply to offers to and agreements with natural persons who do not act in the exercise of profession or business.
6. COOSA Crafts is never liable for the materials made available by the customer to COOSA Crafts in connection with the agreement. The customer commits himself to this
materials to take out adequate insurance.
7. Without prejudice to the above, COOSA Crafts is not liable if the damage is due to intent and / or gross negligence and / or culpable actions or inexpert or improper use of the delivered goods by the customer.
1. The customer indemnifies COOSA Crafts to the extent permitted by law, in respect of liability towards one or more third parties, which arises from and / or is connected with the execution of the agreement, whether or not the damage is suffered by COOSA Crafts or its auxiliary staff. (o) n (s), auxiliary goods or (delivered) goods or services is caused or inflicted. In addition, the customer indemnifies COOSA Crafts, insofar as the law allows, for all claims from third parties in connection with any infringement of intellectual property rights of these third parties.
2. The customer shall ensure adequate insurance with regard to the risks referred to above.
3. The customer is always obliged to do everything possible to limit the damage.
Force majeure and unforeseen circumstances
1. If compliance with COOSA Crafts or purchase on the part of the customer is delayed for longer than one month due to force majeure, each of the parties - with the exclusion of further rights - is authorized to
to dissolve the agreement in accordance with the law. That which has already been paid or has been performed pursuant to the agreement will then be settled pro rata between the parties.
2. Force majeure of COOSA Crafts in any case means:
a. the circumstance that COOSA Crafts does not, not on time or not, perform a performance (including a performance of the customer) that is relevant in connection with the performance to be delivered by it;
c. disruptions in traffic;
d. government measures that prevent COOSA Crafts from fulfilling its obligations on time or in a proper manner;
e. riots, rebellion, war;
f. extreme weather conditions;
g. fire; and / or
h. import, export and / or transit bans.
3. In the event of unforeseen circumstances which are of such a nature that the customer can not expect fulfillment of COOSA Crafts in all reasonableness and fairness, the court can
desire of one of the parties to dissolve the agreement in whole or in part.
COOSA Crafts is authorized to retain all goods that COOSA Crafts has in its possession, until the customer has met all its obligations towards COOSA Crafts, with which the relevant items are directly or sufficiently coherent. If items falling under this right come from the COOSA Crafts store, COOSA Crafts is entitled to claim these items as if they were the owner themselves.
1. In the cases described below and to the extent given below, each party has the right to terminate the agreement without further notice of default and judicial intervention, wholly or in full.
partially, with immediate effect to terminate:
a. if the other party has applied for or obtained suspension of payment or the other party has been declared bankrupt;
b. when the other party's company is wound up voluntarily or involuntarily;
c. when the enterprise of the other party merges or is taken over;
d. when a substantial part of the assets of the other party are seized;
and / or
e. when there are other circumstances where reasonable continuation of the agreement can not be required.
2. The authority to dissolve the agreement shall only vest in each of the parties if the other party - after a proper and as detailed as possible written notice of default with
proposal for a reasonable period for the purification of the shortcoming, attributably inadequate in the fulfillment of essential obligations under the agreement and provided that this shortcoming dissolution.
3. If the agreement is dissolved, the claims of COOSA Crafts on the customer are immediately due and payable. If COOSA Crafts suspends the fulfillment of the obligations, it will retain
her claims from the law and agreement.
4. COOSA Crafts always reserves the right to claim compensation.
1. COOSA Crafts guarantees that the goods delivered by it as such do not infringe Dutch patent rights, design rights or other rights of industrial or intellectual property from third parties.
2. If COOSA Crafts must nonetheless be recognized or a Dutch judge in a lawsuit decides a decision that can no longer be challenged, that
COOSA Crafts delivered matter infringes the rights of third parties as referred to here, COOSA Crafts will, at its option, replace the relevant item with a customer, after consultation with the customer,
does not infringe the relevant right or acquire a license fee in this matter, or take back the relevant item against reimbursement of the price paid for it, minus the to deem depreciation to be normal, without being liable for further compensation.
3. However, the customer loses the right to the performances referred to in paragraph 2 if he does not accept COOSA Crafts as fully and in a timely manner as third parties