Terms of service
- The following conditions apply to all agreements of purchase and sale and the execution thereof entered into by We-pack, hereinafter referred to as "seller"
with third parties hereinafter referred to as "buyer".
- These terms and conditions also apply to all purchase and sale agreements, in which execution third parties must be involved.
- Deviations from these terms and conditions only apply if and insofar as these are accepted by the
seller have been confirmed in writing.
Offers and agreement.
- All offers are without obligation, unless expressly stated otherwise and expire 3 months after the date of the offer. If during these 3 months cost-determining
factors rise or fall, prices are tacitly changed accordingly.
Cost-determining factors include the prices of materials or semi-finished products that are necessary for the execution of the agreement, changes in wages, employers' social security contributions and other employment conditions, and changes in currency relations, etc.
- In the case of a composite quotation, there is no obligation to deliver a part
of the goods included in the offer, against a corresponding part of the
for the full price quoted.
- An agreement is concluded if the seller within 14 days after the acceptance
of the offer has been received, has confirmed it in writing, or after
the seller has proceeded to execute the agreement.
Models, drawings, clichés, stamps.
- By ordering duplication or reproduction of copyright law
or any industrial or intellectual property right declares protected objects
the buyer that no copyright, intellectual or industrial property right is infringed
is created from third parties. The buyer indemnifies the seller in and out of rights against all consequences, both financial and other resulting from the duplication or reproduction.
- The sketches, drawings, films, lithographs, clichés, commissioned by the buyer
stamps, dies, dies, etc. will be charged at cost to
copper. The buyer only becomes the owner after payment of the full costs. An exception
on this is the charging of a part of these costs, characterized
as "share costs": in this case these sketches produced on behalf of the buyer remain,
drawings, films, lithographs, stamps, clichés, moulds, dies, etc. property
of seller and the copyright of seller also remains.
- All prices are exclusive of VAT
- If after the conclusion of the agreement and before the goods have been delivered
cost-determining factors rise or fall, the seller is entitled to the agreed
increase or decrease prices accordingly.
- The delivery times specified by the seller are without obligation and are based on the expectation
that the seller can continue to work if foreseen at the time of the offer and the necessary materials will be delivered to him in a timely manner. Exceeding the delivery time can only give rise to compensation if agreed in writing.In all other cases, the seller is only liable to pay damage due to late delivery if the buyer has given him written notice of default, whereby the buyer must grant the seller a period of at least half the originally agreed delivery time to still fulfill his obligations. to comply.
- All items are at the risk of the buyer from the moment of delivery.
- The transport will take place from a net invoice amount of f 500,- carriage paid.
- Even if the agreed sales prices include the costs of transport
to the destination specified by the buyer, serve as place and time of delivery
of the sold items the place and time of isolation by the seller of
the sold items from his stock in his warehouse CQ. the isolation by the supplier
of the seller from its stock in its warehouse and notice thereof to the buyer
- Each partial delivery is considered a separate delivery and treated with
all legal consequences associated therewith.
- The material with which the purchased items are transported, other than disposable packaging material, such as pallets, containers, cages, etc. remains the property of the seller
As long as the buyer has this transport material in his possession, he must
as custodian to use the same care which he has with regard to the safekeeping of his own
- If the buyer does not take delivery of the purchased goods at the address indicated by him,
Or not accepted as delivered, the goods are at the disposal of the buyer and
these are stored at his expense and risk. The seller is also in that case
entitled to claim payment from the buyer as if the delivery had taken place.
- If, after the conclusion of an agreement, it cannot be fulfilled by the seller as a result of a non-attributable shortcoming, the seller has the right to cancel his delivery obligations in whole or in part. terminate or execute later, in the case of partial delivery, extend the delivery period by the time of the malfunction.
- A non-attributable shortcoming includes any kind
of seizure for any reason, disruptions in the business and in delivery,
lack of fuel as well as all other contingencies and events
in seller's warehouses at the firms from which seller obtains his goods and
in the case of railways, all further transport obstacles and/or delays, furthermore the failure
delivery of the goods by sellers, suppliers, labor strikes and lockouts,
model actions export and import bans or restrictions fire or accidents, mobilization,
war, danger of war, riots, civil war or legal provisions and in general
any unforeseen circumstance, as a result of which the normal execution of the
agreement cannot be required from the seller.
- No right to suspend by the seller exists if the performance is permanent
is impossible or the temporary impossibility lasts for more than 6 months in which case
the agreement between the parties is dissolved without either party having any right
has compensation for the damage suffered or to be suffered as a result of the dissolution.
- Insofar as no other payment terms have been agreed, the buyer shall de
amounts of the seller's invoices always without discount or settlement in cash
have to pay.
- However, if the buyer does not receive it within 14 days, or within the agreed
has paid the installment, the buyer is without further notice of default about the invoice amount
an interest due of 2% above the promissory note discount on an annual basis with
a minimum of 10% per year if the promissory note discount is lower than 10%, calculated
from the due date up to and including the day of payment with interest on a part
of the month is calculated as a full month.
- All costs incurred by the seller in order to fulfill, dissolution or compensation
to be claimed from the buyer under this agreement, whether or not in court,
including, among other things, extrajudicial collection costs and pre-procedural costs
are for the account of the buyer. The extrajudicial collection costs will be
calculated in accordance with the collection rate of the Dutch Bar Association.
If the seller files for bankruptcy of the buyer, this is next to the
principal sum, interest and extrajudicial costs, also the costs of the bankruptcy
- The entire purchase price is in any case immediately due and payable in the event of late payment of the
agreed term on the due date, if the buyer is bankrupt
touched, provisional suspension of payment requests whether his placement under guardianship has been applied for,
when any attachment on the good or claims of the client is
and when it dies, goes into liquidation or is dissolved.
- The seller is also entitled, if the buyer is in default with the fulfillment of
to suspend his payment obligation, even if a fixed delivery time is
- The seller is entitled to the goods that the seller holds for the buyer under
to comply with all costs incurred by the seller in
execution of the orders for the same buyer if between the claim and the
cases sufficient cohesion exists.
- The seller is always entitled, before fulfilling his obligations, at his discretion
sufficient security for the fulfillment of the payment obligations of the
demand buyer. Buyer's refusal to provide the required securities,
give the seller the right to dissolve the agreement, without prejudice to its right
on reimbursement of expenses and loss of profit.
- The ownership of the goods delivered by the seller passes to the buyer first,
as soon as all that which is owed by the buyer in respect of these goods, including
of any interest and costs, in respect of this agreement have been paid.
- On the goods delivered subject to retention of title, the seller is
all claims against the buyer also a silent pledge established with reservation
under the suspensive conditions, that the reserved property on the buyer
rings. The buyer will cooperate at the first request of the seller
to actions required in that context.
10.Only those payments are valid, which are actually made by the buyer in current Dutch currency
authorized representative to be appointed to the seller, or the entry on the
bank or giro account held by the seller, or the bank or giro account of a
A representative to be appointed by the seller, whereby payments made by the buyer
always first to settle all interest and costs owed and then
of due and payable invoices that have been outstanding the longest, even if the buyer states
that the payment relates to a later invoice.
11. If the buyer does not fulfill his obligations under the agreement, the seller
without notice of default also entitled to take back the goods.The buyer authorizes
the seller to enter the place where these goods are located.
Warranty / tolerance.
- Attn. the agreed specifications are the following deviations, both upwards
as down, allowable. For assessment, the average of the total
Quantum delivered in one type of quality, color and design, serve as benchmark.
For specifications other than those mentioned below, the permitted. in previous deliveries are
deviations and in the absence thereof the usual deviations are permissible. If
a minimum or maximum value has been agreed, then double deviation
up resp. allowed down.
- Attn. the color applies that minor deviations in color printing are no reason for rejection
- Attn. the quantity is that the seller is deemed to have performed properly
have, if deviations in quantity up or down no longer amount to:
for corrugated board: less than 500 pcs. 50%; 500-999pc 20%;1000-4999pc. 15%; 5000
- and more 10%.
For cartons: up to 5000 pieces 20%; 5000 pieces and more 10%.
For displays: 1-999 pcs. 20%; 1000 pieces and more 10%.
- Attn. material, the seller is deemed to have performed properly
if the deviations in colour, hardness, satin finish, thickness, etc. are minor. At
the assessment of whether a delivery exceeds the permissible limits must be an average
from the delivery will be rejected. Deviations in color and cardboard or adhesive,
do not give any right to advertising.
- Attn. grammage weights, the permissible deviation from an agreed
Grams weight is: for paper and cardboard 8%.
- Attn. the format applies that the permissible deviation from the agreed format
is: 3 mm per side. It is not possible to submit a model box to the buyer
lead to nullification of this clause.
- Any complaints must be made in writing within 8 days of receipt of the
cases. The buyer who has not properly. within 8 days of receipt thereof
has examined its soundness, is deemed to have approved the delivery
were found. Under no circumstances shall the buyer have any claim against the seller
apply after the buyer has put part of the delivered goods into use,
processed or processed, printed or cut, respectively has put into use
edited or processed, printed or cut or supplied to third parties.
The seller's liability on account of any incoming delivery is limited
to such an amount as is reasonable in the circumstances of the case
is proportional to the invoice amount. Defects in part of the delivered giving
not the right to reject the entire batch.
- Complaints made will never be recognized as justified if the buyer without prior
permission from the seller himself or by any person other than the seller
lates or has had repairs or changes made, or his payment obligations
to the seller.
- The seller is never obliged to compensate the buyer for damage caused by
of business failure or otherwise for the buyer.
- If no comment is made on the consignment note or receipt when the goods are accepted
with regard to the packaging or packaging, this is considered full proof,
that the same upon delivery of the goods by the seller is in sound and good condition
- The seller is never obliged to compensate indirect or immediate damage
damage whatsoever, except in the case of fault or intent on the part of the seller himself.
For damage caused by intent or gross negligence on the part of staff
of the seller or other third parties engaged by the seller, the seller is not
- Products produced by third parties and supplied by the seller can only
lead to liability of the producer. The seller shall in case of possible claims
mediate in this. The seller is not liable for damage caused
due to any defect in the goods, which goods the buyer has bought from the seller
- Dutch law applies to all agreements.
- The provisions of the Vienna Sales Convention do not apply nor do any
future international regulation on the sale of movable tangible property
of which the operation of parties can be excluded.
- All disputes arising from offers and agreement by whatever name,
will be subject to the judgment of the civil court in the
District Flevoland unless legal provisions oppose this..