Terms and Conditions HoliColourPowder.co.uk © Copyright
HoliColourPowder.co.uk is part of KleurPoeder BV
Mastwijkerdijk 108E, 3417BT Montfoort
VAT registration: NL 855 1188 91 B01
KVK 631 62 415
General terms and conditions of sale and delivery of HoliColourPowder.co.uk trading under the name www.HoliColourPowder.co.uk with its registered office in Amsterdam and registered in the trade register of the Chamber of Commerce under number 631 62 415.
In these general terms and conditions, “HoliColourPowder.co.uk” refers to KleurPoeder BV, which has its registered office in Amsterdam and is registered in the trade register of the Chamber of Commerce under number 631 62 415 and the term “customer” refers to the (legal) persons and companies to whom an offer is addressed and / or with whom an agreement is concluded.
1.2. These general terms and conditions apply to all offers from and agreements with holicolourpowder.co.uk. Only deviations from these general terms and conditions accepted in writing by holicolourpowder.co.uk can be valid. General terms and conditions of the customer do not apply to offers from and agreements with holicolourpowder.co.uk.
1.3. In these general web terms and conditions, “written” should also be understood to mean the electronic variant, including – not exclusively – an e-mail message.
The nullity or annulment of one or more provisions of these general terms and conditions does not preclude the applicability of the other provisions of these general terms and conditions. Holicolourpowder.co.uk and the customer will consult to replace void or voided provisions of these general terms and conditions with provisions that are as close as possible to the purpose and purport of the void or voided provisions. If there is a dispute of opinion between “holicolourpowder.co.uk” and the “customer” regarding the receipt of an electronic message, the administration or log files of holicolourpowder.co.uk will be decisive.
Article 2 – Offer and Agreement
2.1. An offer from holicolourpowder.co.uk is made without obligation and can be revoked, withdrawn or amended by holicolourpowder.co.uk within 5 calendar days after the knowledge by holicolourpowder.co.uk of the acceptance of its offer. Errors or omissions occurring in an offer, advice provided by holicolourpowder.co.uk in the context of an offer and not exclusively – general – information addressed to the customer, are not binding for holicolourpowder.co.uk.
2.2. An offer from Colorspoeder.nl is valid for 30 calendar days after it has been sent by holicolourpowder.co.uk, unless a different period of validity is stated in the offer or the period of validity has been extended in writing by holicolourpowder.co.uk before it expires.
2.3. If an offer requested by the customer of holicolourpowder.co.uk has not resulted in an agreement between holicolourpowder.co.uk and the customer, the customer is obliged to reimburse the costs incurred by holicolourpowder.co.uk in connection with making the offer to holicolourpowder.co.uk.
2.4. If an offer has been made by holicolourpowder.co.uk, an agreement between holicolourpowder.co.uk and the customer will only be concluded by the unconditional acceptance by the customer of the offer from holicolourpowder.co.uk or by the execution of an order from the customer by holicolourpowder.co.uk.
Only the offer of holicolourpowder.co.uk or the invoice of holicolourpowder.co.uk for the execution of the assignment is deemed to correctly represent the content of the agreement.
2.5. If no offer has been made by holicolourpowder.co.uk, an agreement is only concluded by the written acceptance or the execution of an order from the customer by holicolourpowder.co.uk. Only the written acceptance of the assignment by holicolourpowder.co.uk or the invoice of holicolourpowder.co.uk for the execution of the assignment is deemed to correctly represent the content of the agreement.
2.6 Changes and / or additions to the agreement are only valid after those changes and / or additions have been accepted in writing by holicolourpowder.co.uk and the customer.
2.7. Holicolourpowder.co.uk reserves the right to have the agreement executed by third parties.
2.8. The customer only has the right to cancel or dissolve the agreement if this has been expressly agreed in that agreement and / or if the customer derives that right from mandatory legislation. If the customer cancels or dissolves the agreement – legally -, the customer is obliged to simultaneously return the goods and rights delivered under the agreement and to reimburse holicolourpowder.co.uk for the costs incurred by holicolourpowder.co.uk in connection with the making of the offer and the realization. and costs incurred to execute the agreement.
2.9. Holicolourpowder.co.uk has the right to unilaterally terminate the agreement in whole or in part with immediate effect and / or to suspend the implementation of its obligations arising from the agreement in whole or in part with immediate effect if:
a. the customer has failed attributably in the fulfillment of one or more obligations arising from the agreement and is in default in this regard;
b. a request for a – provisional – moratorium of payment has been submitted to the customer;
c. an application for bankruptcy of the customer has been submitted;
d. an executory attachment has been levied against the customer under Holicolourpowder.co.uk;
e. a decision to dissolve and / or liquidate the customer has been reached;
f. one or more shares in the buyer were transferred to others than the shareholder (s) at the conclusion of the agreement;
g. the business operated by the customer has been wholly or partly transferred to one or more others.
2.11. If the agreement is dissolved, the performances already received by the customer for the implementation of the agreement and the related payment obligations of the customer do not fall under an obligation to cancel, unless Holicolourpowder.co.uk is in default with regard to those performances. In connection with services performed before or during the termination of the agreement, the customer is immediately due and payable after the termination.
Article 3 – Delivery and acceptance
3.1. The delivery of goods by Holicolourpowder.co.uk takes place at the location of the company of Holicolourpowder.co.uk and will only take place at another location if this has been agreed in writing. Holicolourpowder.co.uk has the right to deliver quantities in parts.
3.2. The costs of transport, shipping, import, export, storage and insurance of goods to be delivered by Holicolourpowder.co.uk to the customer are made and at the risk of the customer, even if on transport, shipping, import, export, storage. and / or insurance certificates stated otherwise and / or carried out by Holicolourpowder.co.uk and / or an auxiliary person of Holicolourpowder.co.uk.
3.3. Delivery of goods by Holicolourpowder.co.uk takes place after payment by the customer of the pre – delivery of – the amounts owed.
3.4. Delivery periods stated by Holicolourpowder.co.uk have been determined to the best of its knowledge on the basis of information known to Holicolourpowder.co.uk when the agreement was concluded, are not an essential part of the agreement and will be observed as much as possible by Holicolourpowder.co.uk. Holicolourpowder.co.uk is not in default by merely exceeding a delivery period and the customer cannot derive the right to dissolve the agreement in whole or in part from only exceeding a delivery period announced by Holicolourpowder.co.uk Delivery periods do not apply if they cannot be observed due to circumstances beyond the control of Holicolourpowder.co.uk after the conclusion of the agreement.
3.5. The customer is obliged to purchase the goods to be delivered on the agreed delivery terms. If no delivery terms have been agreed with regard to the goods to be delivered, the customer is obliged to purchase the goods to be delivered on request of Holicolourpowder.co.uk. By violation of the aforementioned in this article 3.5. the obligations referred to, the customer is immediately in default. 3.6. Without prejudice to Articles 3.2. and 5.The goods to be delivered by Holicolourpowder.co.uk are at the risk of the customer from the moment when – an auxiliary person of – the customer has actual control over these goods or from the moment the customer fails to deliver by Holicolourpowder.co.uk take business.
3.7. The customer is obliged to check the soundness of goods delivered by Holicolourpowder.co.uk upon delivery and to notify Holicolourpowder.co.uk of suspected defectiveness of the items delivered by Holicolourpowder.co.uk upon delivery. Goods delivered by Holicolourpowder.co.uk, which the customer or an auxiliary person of the customer has retained without objection 7 calendar days after delivery or has previously taken into use, processed, processed or delivered to others in whole or in part, are deemed to comply with the agreement. to answer.
3.8. Holicolourpowder.co.uk is not obliged to accept goods returned by the customer to Holicolourpowder.co.uk without its prior written consent. The acceptance of goods returned by the customer does not imply recognition by Holicolourpowder.co.uk of the reason for the return. Goods returned by the customer to Holicolourpowder.co.uk remain at the risk of the customer and the customer owes the agreed fees until Holicolourpowder.co.uk has credited the customer for these goods. If Holicolourpowder.co.uk does not accept returned items, the customer is obliged to reimburse the costs incurred by Holicolourpowder.co.uk in connection with returned items to Holicolourpowder.co.uk.
Article 4 – Price and payment
4.1. Prices stated by holicolourpowder.co.uk on the website include sales tax and other levies imposed by the government and exclude costs of transport, shipping, import, export, storage and insurance. The prices communicated by e-mail by www.kleurenpoeder.nl are exclusive of sales tax and other levies imposed by the government and exclusive of costs of transport, shipping, import, export, storage and insurance. Prices not stated in an offer exclusively addressed to the customer are not binding for Holicolourpowder.co.uk. No rights can be derived by others from prices stated in an offer addressed to the customer.
4.2. Holicolourpowder.co.uk has the right to adjust agreed prices and rates – with immediate effect – on the basis of the average change in the cost price of goods to be delivered and / or work to be performed by holicolourpowder.co.uk, exchange rates and taxes and duties imposed by the government. Incidentally, an adjustment of agreed prices and rates does not affect the agreement.
4.3. The costs of implementing changes to the agreement requested by the customer after the offer from Holicolourpowder.co.uk and accepted by Holicolourpowder.co.uk are at the expense of the customer. If unforeseen circumstances arise during the performance of the agreement at the time of the conclusion of the agreement, the resulting additional costs will be borne by the customer.
4.4. Invoices – including pro forma invoices – of Holicolourpowder.co.uk must be paid in EUR or GBP in accordance with the payment conditions stated on the invoice of Holicolourpowder.co.uk. If no payment term is stated, the invoice must be paid by Holicolourpowder.co.uk within 14 calendar days after shipment.
4.5. If the customer has not paid the fees due within the applicable term, the customer is immediately in default and a default interest of 12% per year on the outstanding fee. If the customer fails to pay the fees owed after the first reminder, the customer owes the amount of the costs of legal assistance in and out of court – including the non-liquidated legal costs – to Holicolourpowder.co.uk to be incurred by Holicolourpowder.co.uk. In addition, if necessary, a collection fee of 15% can also be charged on the amount due.
4.6. Holicolourpowder.co.uk has the right to have payments made by the customer – despite statements to the contrary from the customer – first serve to settle claims that do not arise from the agreement and for claims that arise from shortcomings of the customer in the implementation of the obligations arising from the agreement.
4.7. The customer does not have the right to suspend his payment obligations towards Holicolourpowder.co.uk and / or to settle them against obligations of Holicolourpowder.co.uk towards the customer. The customer does not have the right to dissolve the agreement with Holicolourpowder.co.uk in whole or in part if the customer is in default.
4.8. If the customer does not fulfill his payment obligations towards Holicolourpowder.co.uk in full or within the applicable term, Holicolourpowder.co.uk has the right to fully suspend and / or not fulfill its obligations towards the customer.
4.9. The customer is obliged to insure and keep insured the payment of claims arising from the agreement by Holicolourpowder.co.uk at the first request of Holicolourpowder.co.uk. If the customer nevertheless insufficiently insures and / or keeps them insured for the payment of the claims of Holicolourpowder.co.uk, Holicolourpowder.co.uk has the right to fully suspend and / or not fulfill its obligations towards the customer.
Article 5 – Retention of Title and Rights
5.1. All goods delivered by Holicolourpowder.co.uk to the customer remain the property of Holicolourpowder.co.uk, until all fees owed by the customer under the agreement for goods delivered and / or to be delivered and / or work performed and / or to be performed and the payments due in connection with fees due for incorrect execution of the agreement, including under Article 4.5. fees due, have been paid in full to Holicolourpowder.co.uk. The customer is not authorized to dispose of goods to which it is stated above in this article 5.1. intended retention of title rests and is obliged to interested parties – including intended assignees – to notify that lack of power of disposition.
5.2. Rights to be delivered or to be granted pursuant to the agreement are always delivered or granted by Holicolourpowder.co.uk to the customer under the suspensive condition that the fees owed to Holicolourpowder.co.uk and the fees due in connection with incorrect implementation of the agreement, including under article 4.5. fees due have been paid in full to Holicolourpowder.co.uk. The customer is not authorized to dispose of rights that fall under the aforementioned in this article 5.2. said suspensive condition has been delivered or granted and is obliged to inform interested parties – including intended successors in title – of that lack of power of disposition.
Article 6 – Intellectual Property Rights
6.1. All intellectual property rights with regard to all products created and / or provided under and / or in the context of the agreement – texts on the website, photos and videos – rest exclusively with Holicolourpowder.co.uk and / or its licensor (s ). The customer will pay the above in this article 6.1. not to disclose, reproduce or modify the said products and not – otherwise – act as maker and / or entitled party thereof. The customer will not make indications regarding intellectual property rights from and from the above in this article 6.1. remove or modify intended products.
6.2. By Holicolourpowder.co.uk with regard to the above in Article 6.1. The rights granted to the customer in question include only explicitly described in the agreement, non-exclusive rights, which expire with immediate effect by using the products in violation of the rights of Holicolourpowder.co.uk and / or its licensor (s), the agreement, these general terms and conditions and / or applicable law. The customer does not acquire any intellectual property rights through the agreement. Rights granted by Holicolourpowder.co.uk cannot be transferred.
6.3. The customer will indemnify Holicolourpowder.co.uk against claims of third parties on the basis of the statement that Holicolourpowder.co.uk violates the intellectual property rights of third parties through the use of products provided and / or prescribed by the customer, all obligations of Holicolourpowder.co.uk arising from those claims. if it fulfills its own obligations and reimburses all damage resulting from those claims to Holicolourpowder.co.uk.
Article 7 – Liability and compensation
7.1. Liabilities and legal obligations for compensation of Holicolourpowder.co.uk are limited by the articles 7.1. to 7.7. Articles 7.1. to 7.7. apply mutatis mutandis to claims by the customer based on unlawful act of Holicolourpowder.co.uk.
7.2. Holicolourpowder.co.uk is only liable for shortcomings attributable to Holicolourpowder.co.uk due to intent or gross negligence on the part of Holicolourpowder.co.uk. In any case, shortcomings attributable to Holicolourpowder.co.uk are not considered to be behavior of auxiliary persons, use of – unsuitable – auxiliary items and shortcomings that result from the other than – correct – sending of statements and data by post or email.
7.3. Liability of Holicolourpowder.co.uk can only arise after the customer has given Holicolourpowder.co.uk a proper notice of default by means of a letter sent by registered mail immediately after delivery or – in the event of a non-observable shortcoming on delivery – immediately after establishing the shortcoming. nl has given the opportunity to remedy the shortcoming for a reasonable period of time.
7.4. An obligation of Holicolourpowder.co.uk to pay compensation is limited to direct damage up to a maximum of the amount of the agreed price, excluding sales tax and other levies imposed by the government. If the agreement is primarily a continuing performance contract for a period of more than one year, the agreed price will be set at the total amount of the prices agreed for one year, exclusive of turnover tax and other levies imposed by the government. Holicolourpowder.co.uk is under no circumstances obliged to compensate non-material and indirect damage – such as, inter alia, consequential damage, trading loss and damage due to loss of time and / or lack of financial benefit.
7.5. The customer will indemnify Holicolourpowder.co.uk against claims from third parties – such as employees and (other) auxiliary persons – arising from and / or related to goods and / or work performed by Holicolourpowder.co.uk pursuant to the agreement. The customer will indemnify Holicolourpowder.co.uk against claims from third parties on the basis of product liability for goods delivered by the customer to third parties, which also consist of goods delivered to the customer by Holicolourpowder.co.uk, unless the liability is solely caused by items delivered by Holicolourpowder.co.uk.
7.6. If employees and / or (other) auxiliary persons of Holicolourpowder.co.uk perform work for the customer outside a company of Holicolourpowder.co.uk and / or with materials made available by the customer, the customer rests with those employees and (other) ) auxiliary persons the obligation and liability referred to in article 7: 658 of the Dutch Civil Code, while the customer will indemnify Holicolourpowder.co.uk against claims by those employees and (other) auxiliary persons, arising from the customer’s failure to comply with the provisions of Article 7: 658 of the Dutch Civil Code obligations referred to by the customer.
7.7. The customer guarantees that the data to be processed by Holicolourpowder.co.uk, the processing of the data and the result of that processing are not in conflict with applicable law – such as the Personal Data Protection Act. The customer will indemnify Holicolourpowder.co.uk against all claims by third parties on the basis of the statement that with data processed by Holicolourpowder.co.uk, the processing of data and / or the result of that processing is the applicable law – such as the Personal Data Protection Act and / or rights arising therefrom – are violated.
Article 8 – Force of the majority
8.1. If Holicolourpowder.co.uk is temporarily unable to execute the agreement due to force majeure, it is entitled to suspend the execution of the agreement in whole or in part as long as the force majeure continues. If Holicolourpowder.co.uk is permanently unable to execute the agreement due to force majeure, it has the right to cancel the agreement in whole or in part with immediate effect. Force majeure includes shortcomings of (suppliers of) Holicolourpowder.co.uk and / or (other) auxiliary persons, production disruptions, government measures and weather conditions.
8.2. If Holicolourpowder.co.uk is temporarily or permanently unable to execute the agreement due to force majeure, the customer cannot make a claim against Holicolourpowder.co.uk to execute the agreement, dissolve the agreement and / or claim compensation.
Article 9 – General
9.1. Legally valid statements and legal acts in the written form can only be considered correct statements and legal acts sent by post and / or e-mail.
9.2. The customer will keep Holicolourpowder.co.uk informed of the correct and name and address details of the customer and will immediately notify Holicolourpowder.co.uk in writing of changes to the name and address details of the customer.
9.3. Offers from and agreements with Holicolourpowder.co.uk are exclusively governed by Dutch law.
Article 10 User risk
11.1 The customer must use purchased products carefully and may only use them in the manner prescribed by Holicolourpowder.co.uk. Any other use, of whatever nature, is not permitted and is at the risk of the customer.