General Terms and Conditions of Klein Kromhof Houtvezels BV and Handelsonderneming Jekro BV

1. Validity

1.1 These terms and conditions apply to all legal relationships where we (Klein Kromhof Houtvezels B.V. and/or Jekro B.V.) have performed work or supplied goods. These terms apply to all contracts and negotiations, including distance contracts.
1.2 Before concluding a distance contract, the text of these terms will be made available to the other party. If this is not possible, we will explain how the General Terms and Conditions can be inspected.
1.3 If a distance contract is concluded electronically, these terms can be provided electronically so they can be stored by the other party.
1.4 These terms apply even if other documents from the other party reference their own terms.
1.5 Any additions or amendments to the contract must be confirmed in writing. We reserve the right not to invoke these terms at any time.
1.6 Our representatives cannot deviate from these terms unless authorized separately in writing.
1.7 Amendments to these terms will only be effective after they have been properly published.

2. Quotation and Order

2.1 Our quotations and price lists are non-binding, valid for 20 calendar days unless specified otherwise.
2.2 The offer will include a detailed description of products and services.
2.3 Images and descriptions in our documents are not binding unless otherwise stated.
2.4 Documents provided by us (drawings, plans, etc.) remain our property and must be returned upon request.
2.5 The other party warrants that their data does not violate any laws or third-party rights.
2.6 Orders are only considered accepted when confirmed in writing or performed by us.
2.7 The distance contract is concluded when the offer is accepted, and conditions are fulfilled.
2.8 Electronic acceptance will be confirmed immediately.
2.9 We will implement security measures to protect electronic data transfers.
2.10 We may verify the other party’s ability to meet payment obligations.
2.11 We will send necessary information after product delivery, including right of withdrawal, warranties, prices, and method of delivery.

3. Prices

3.1 Our prices are exclusive of taxes, freight, and other charges unless otherwise agreed.
3.2 If no price is agreed, the prices at the time of delivery will apply.
3.3 Prices in quotations and contracts are based on current costs and can be adjusted if they change after the contract is signed.
3.4 We may change prices due to changes in cost factors, including raw materials and transport costs.
3.5 Prices may be adjusted annually unless otherwise agreed.
3.6 We may pass on price increases due to legislative changes.
3.7 If a price increase exceeds 15%, the other party may terminate the contract without penalty.
3.8 Specific price agreements in contracts override these general terms.
3.9 Discounts or special pricing are one-off and do not apply to future contracts.

4. Creditworthiness

4.1 Upon order acceptance, the other party must provide proof of creditworthiness if requested, which can include guarantees, deposits, or other securities.

5. Delivery

5.1 All deliveries are subject to retention of title.
5.2 The goods are at the risk of the other party from the moment of delivery.
5.3 We choose the means of transport unless otherwise agreed.
5.4 We may adjust the order by 10% for technical or packaging reasons.
5.5 The other party must inspect the goods immediately upon delivery.
5.6 Delivery times are estimates only and delays do not entitle the other party to terminate the contract.
5.7 We may deliver in parts and invoice accordingly.

6. Retention of Title

6.1 Goods remain our property until all claims are paid in full.
6.2 If the other party forms new goods from the delivered products, we retain ownership of those goods.
6.3 The other party may not pledge goods or grant rights to third parties until ownership is transferred.
6.4 The other party must care for and insure goods under retention of title.
6.6 We can repossess goods if the other party defaults on payment.

7. Payment

7.1 Payment is due immediately upon the establishment of the legal relationship.
7.2 Invoices are due within 8 days unless otherwise stated.
7.3 Late payments incur 1% interest per month or statutory interest.
7.4 The other party must reimburse us for all costs incurred due to non-payment.
7.5 Legal and extrajudicial costs are due if we take legal action.

8. Force Majeure

8.1 We are entitled to rescind the contract or suspend performance in cases of force majeure, including natural disasters, war, and pandemics.
8.2 Force majeure applies if third parties fail to deliver goods or services as agreed.

9. Complaints/Warranties/Liability

9.1 Complaints must be submitted within 8 days of delivery.
9.2 We are not liable for indirect damages or penalties, with liability capped at €10,000 or the invoice amount.
9.3 We are not liable for damages resulting from third-party suppliers’ mistakes.

10. Time Limit

10.1 All claims against us expire one year after the other party becomes aware of the issue.

11. Disputes

11.1 Disputes are to be resolved exclusively by the District Court of Overijssel, Almelo, and are governed by Dutch law.

12. Right of Withdrawal (Applies to Consumers Only)

12.1 Consumers have 30 days to cancel a distance contract without providing reasons.
12.2 The cooling-off period starts the day after the consumer receives the product or service.

13. Obligations of the Consumer During the Cooling-Off Period

13.1 Consumers must handle the product with care during the cooling-off period.

14. Exercise of the Right of Withdrawal

14.1 Consumers must notify us within the cooling-off period.
14.2 Consumers must return the product within 14 days after withdrawal.

15. Exclusion of Right of Withdrawal

16.1 Certain products and services, including those subject to financial market fluctuations, are excluded from the right of withdrawal.