TERMS AND CONDITIONS
1. Nosybirds by Jos Brölmann, registered with the Chamber of Commerce under number 60236523, established at Cornelis Schuytstraat 27-2, 1071JD AMSTERDAM, THE NETHERLANDS, user of these general terms and conditions.
2. Customer: the (potential) customer of the goods or services offered by Jos Brölmann, Nosybirds.
1. By means of offer and acceptance, for example in the order procedure on the website of Nosybirds, the parties declare these general terms and conditions applicable to the agreement that parties have entered into with each other. In so far as the content there of has not been changed, these general terms and conditions will also apply to future contractual relationships between the parties.
2. Deviations from these terms and conditions apply only in so far as they have been expressly agreed in writing by the parties. 3. General (purchase) conditions of the Client are explicitly rejected. 4. If one or more parts of the provisions of these general terms and conditions are invalid or destroyed, the other provisions of these general terms and conditions remain applicable. The parties will then enter into consultations to agree on new rules to replace the invalid or nullified provisions, which will reflect as much as possible the purpose and purport of the invalid or nullified provisions.
3. Offer and agreement
1. Every offer, in the form of a quotation or otherwise, is completely and unconditionally without obligation and revocable, unless stated otherwise in writing by Jos Brölmann/Nosybirds.
2. Each offer applies only in so far as stocks last.
3. All statements by Jos Brölmann/Nosybirds of numbers, sizes, weights and color of the articles in the designs, samples, prototypes, drawings, images, photos or models shown or provided are only indications. A minor deviation from this in the delivered article does not lead to a shortcoming in the fulfillment of the agreement on the part of Jos Brölmann/Nosybirds.
4. An offer does not automatically apply to repeat orders.
5. Jos Brölmann/Nosybirds is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Jos Brölmann/Nosybirds will notify this within two (2) working days after receipt of the order. In that case no agreement has been concluded. 6. The agreement is expressly entered into under the suspensive condition of sufficient availability of the ordered products or raw materials to be used.
4. Execution and / or delivery
1. Jos Brölmann/Nosybirds will try to fulfill the agreement within the indicated / estimated term. This term is not fatal, as a result of which the Customer must always first declare Jos Brölmann/Nosybirds in default, whereby a long and reasonable term of at least 30 days must be set before any remedy can be taken.
2. If Jos Brölmann/Nosybirds takes care of the delivery, the Customer must provide a delivery address where Jos Brölmann/Nosybirds can deliver the goods to be delivered on the specified date between 08.00 and 18.00. If the Customer is not present on the specified date at the time the goods are delivered, the costs for offering the goods will be borne by the Customer at a subsequent time. The Customer will then be able to receive a message that the order can be picked up at a location indicated by Jos Brölmann/Nosybirds after payment of the additional costs, including the logistics (planning) costs at the storage location due to unexpected extra storage.
3. Jos Brölmann/Nosybirds is entitled to make use of competent third parties for the implementation of the agreement if, in the opinion of Jos Brölmann/Nosybirds, this is desirable with a view to optimal performance of the agreement for the Client. Pursuant to this, article 7: 404 BW does not apply to the agreement.
4.The risk of loss or depreciation of the goods to be delivered passes to the Customer from the moment they are made available to him or would be made available, but this moment is delayed under the responsibility of the Customer. This regardless of whether the transfer of ownership has already taken place.
5. Jos Brölmann/Nosybirds represents the interests of The Client within the limits of the issued assignment. Jos Brölmann/Nosybirds will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. The Client acknowledges that Jos Brölmann/Nosybirds has artistic freedom in the performance of the agreement. All services of Jos Brölmann/Nosybirds performed on the basis of a best efforts obligation, unless and insofar as Jos Brölmann/Nosybirds explicitly promised a result / characteristic in the written agreement and the result / characteristic concerned has also been described with sufficient clarity.
5. Guarantee and liability
1. The Client is obliged to check the delivery and execution as soon as possible, but within 48 hours for conformity with regard to quantity and quality. If the performance is not in accordance with the agreement, and therefore there is a defect, the Customer
must inform Jos Brölmann/Nosybirds of this within 8 days after delivery or after this defect could reasonably have been discovered.
2. After the information as referred to in the previous paragraph has been provided, Jos Brölmann/Nosybirds will reasonably repair or replace the defect free of charge. If neither of the two remedies described above offers a solution to effectively remedy the defect, the Customer has the right to dissolve the agreement, whereby the Customer bears the costs for returning the delivered goods and is never entitled to compensation.
3. If the defect has arisen due to an error attributable to the Client or if the Client has informed Jos Brölmann/Nosybirds of the defect too late, his right to repair, replacement or possible dissolution as described in this article will lapse. The burden of proof with regard to the attribution of the error lies with the Customer.
4. The existence of a defect does not suspend the Customer’s payment obligation.
5. The Customer is never entitled to any remedy if the article has been used incorrectly or carelessly.
1. The offer has been made in consultation. By concluding the agreement, the parties consider the prices reasonable and fair.
2. Unless otherwise agreed, the Client must have paid the amount due in full prior to the execution after receipt of the invoice by means of a bank transfer.
3. If the agreed payment term is exceeded, Jos Brölmann/Nosybirds is immediately entitled to charge the Client default interest of 1% of the principal sum per month as well as an amount for the extrajudicial collection costs . The latter costs amount to 15% of the principal amount due with a minimum amount of EUR. 100, – excluding VAT.
4. Without the express and written permission of Jos Brölmann/Nosybirds, the Client is not permitted to apply its payment obligations to set-off and / or suspension and / or withholding.
5. Unless otherwise agreed, the assignment does not include an investigation into the existence of patent, copyright and portrait rights of third parties. The same applies to any investigation into the possibility of such forms of protection for the Client.
7. Retention of title
1. Contrary to the actual provision of power, the ownership of the articles to be delivered will only transfer to the Customer after he has paid in full all that the Customer owes or will owe to Jos Brölmann/Nosybirds in respect of the agreement. This therefore not only includes the purchase price, but also any further fines, additional costs or extrajudicial collection costs due.
2. Pursuant to this retention of title, the Customer is therefore not entitled to alienate or encumber the goods with, for example, a right of pledge.
3. In connection with the effectiveness of the retention of title, the Client undertakes to inform Jos Brölmann/Nosybirds in a timely and adequate manner in the event of an impending bankruptcy, suspension of payments or debt restructuring or if third parties threaten to seize one of the goods delivered with retention of title. The Customer is also obliged to adequately insure the goods delivered under retention of title against damage and theft.
4. If the Customer is in default of any obligation under the agreement, the Customer is obliged to provide all necessary cooperation at the request of Jos Brölmann/Nosybirds, so that Jos Brölmann/Nosybirds can again dispose of the delivered goods unencumbered. This includes any obligation to return the goods at the request of Jos Brölmann/Nosybirds.
8. Force majeure
1. Force majeure is understood to mean, in addition to what is understood in this regard in law and case law, all external causes, foreseen or unforeseen, on which Jos Brölmann/Nosybirds cannot exert influence. This will also include strikes, traffic disruptions, unforeseeable stagnation, extreme weather conditions, disruptions in the supply of energy, transport difficulties, fire, loss or damage during transport and government measures. 2. During force majeure, obligations of Jos Brölmann/Nosybirds are suspended. If fulfillment is impossible for more than one month due to force majeure or if there are other circumstances that make it disproportionately onerous for Jos Brölmann/Nosybirds to fulfill its obligations, Jos Brölmann/Nosybirds is authorized to fully or partially cancel the agreement by notifying the Customer without judicial intervention. dissolve, without there being an obligation to pay compensation in that case. 3. If Jos Brölmann/Nosybirds has already partially fulfilled its obligations at the onset of force majeure, it is entitled to invoice the part already delivered or performed separately, or to partially credit it with down payments.
9. Intellectual property rights
1. The brands, images, logos and photos that are used and displayed on the website of Jos Brölmann/Nosybirds site are registered or unregistered brands of Jos Brölmann/Nosybirds and may not be used without the prior consent of the holder of those brands.
2. Unless explicitly agreed otherwise in writing, Jos Brölmann/Nosybirds always remains the rightful owner of the copyright that may arise on the works produced by him in the performance of the agreement, such as but not limited to (visual) brands, images, logos, photos and similar materials. even if the relevant activities are stated as a separate item in the offer or on the invoice.
3. Jos Brölmann/Nosybirds can use all developed and published PR and communication activities, whether or not anonymous, for its own publicity purposes.
10. Forum, choice of law and transfer of rights
1. Jos Brölmann/Nosybirds is authorized to transfer its rights and obligations under this agreement to a third party. The Client is only authorized to transfer its rights and obligations to a third party with the written consent of Jos Brölmann/Nosybirds.
2. This – and other agreement (s) concluded between the parties – is exclusively governed by Dutch law, with the express exception of the Vienna Sales Convention. Should an obligation arise between the parties in the future, other than arising from an agreement, Dutch law will also apply to that obligation.
3. In the event that a dispute arises from the agreement between the parties, the exclusive competent court is the court in the district in which Jos Brölmann/Nosybirds has its place of business.
In the event that a dispute arises between the parties regarding non-contractual obligations, the exclusive, absolute competent court is also the court of the district in which the Jos Brölmann/Nosybirds has its place of business.