General terms and conditions

Article 1 –Definition.

Paragraph 1: In these terms and conditions shall apply: consultant or supplier: the user of these terms and conditions, in this case the customers of Damaris stroopwafel advisor c. q client: the one that the vendor is in a (pre)-contractual relationship.

Paragraph 2: There where in these terms and conditions refers to "goods" means both the goods to be delivered by the supplier if the services provided by it, including advice and creative expressions.

Paragraph 3: There where in these terms and conditions, or agreement concluded between the supplier and client, reference is made to an internationally defined circumstances (eg: C.O.D., C.I.F. exworks, etc.) should such a clause to be understood within the meaning of the published by the International Chamber of Commerce Incoterms 1990.

Article 2  - Identity entrepreneur.
Gkofreta Damaris L.t.d.
Holland - Greece
(+30) 698 302 18 36
info@damaris-gkofreta.gr

Article 3 - Scope of application.

Paragraph 1: Unless otherwise agreed between supplier and customer these general conditions of sale and delivery apply.

Paragraph 2: The same applies into the previous paragraph (further or additional) agreements between the supplier and the client in which the applicability of these general sales and delivery terms not further (Express) is invoked.

Article 4 - Offers.

Paragraph 1: All offers in any form for the supplier engagement, unless these contain a period for acceptance and are based on delivery under normal circumstances and normal working hours.

Paragraph 2: If a non-binding offer is accepted, the supplier has the right to offer within two days after receipt of the acceptance.

Paragraph 3: Pictures, catalogues, drawings and further to data provided by the supplier or are subject to change without notice and are not binding on the supplier.

Article 5 - Prices.

Paragraph 1: the specified in the offer price or prices are exclusive of VAT in Euro s on the at that time cost-determining factors. Paragraph 2: Supplier shall at all times have the right to provide that certain articles only in certain minimum quantities will be delivered.

Article 6 - Consultative work and product development.

Paragraph 1: Advisor is required to the best of its ability to promote the interests of client.

Paragraph 2: The consultant will treat all information provided by the customer strictly confidential, even after termination of the relationship. For its part the client is obliged to secrecy regarding all information with regard to the establishment of the Advisor, its products and/or services.

Paragraph 3: In case of product development, consultancy promotional products, advice on creative concepts, quotations for extensive projects with all products printed or not, national or international market surveys to specific products or products is client-productrequests not concretely defined in all cases which do not provide delivery of goods described in concrete terms, compensation at a flat rate or hourly rate to be agreed between the parties.

Article 7 - Deliveries and delivery time.

Paragraph 1:Stated delivery times will never be regarded as a deadline, unless otherwise expressly agreed. Hence in the event of late delivery in default in writing.

Paragraph 2:The delivery time starts on the following dates: (A) the day of conclusion of the agreement. (B.) the date of receipt by the supplier of the necessary documents for the implementation of the agreement, data, licenses and the like. (C.) the date of receipt by the supplier of which according to the agreement by client, if necessary, must be made in advance.

Paragraph 3: If delivery is prevented by force majeure, in whole or in part, the supplier shall be entitled to suspend the delivery or the agreement in so far as not implemented, in whole or in part and to demand payment in respect of the well executed portions, without obligation to pay any compensation to the customer.

Paragraph 4: Force majeure is in these general conditions of sale and delivery means any of the likes of supplier independent circumstance-even though this was at the time of the conclusion of the agreement to provide-which already comply with the agreement prevents either permanently or temporarily, as well as as far as there not already included, war, danger of war, civil war, riots, strikes, workers ' exclusion, transport difficulties , fire and/or serious disturbances in the business of supplier or its suppliers.

Paragraph 5: The supplier reserves the right in case of special or composite products for the customer, up to 10% more or less, than he must deliver the agreed quantity and invoice.

Paragraph 6:Send it in portions of goods by supplier, after proper consultation in advance, allowed, with each shipment separately is affordable.

Paragraph 7: Unless otherwise agreed in writing, without prejudice to the foregoing, the prices quoted by the supplier asked about prices based on delivery ex factory, warehouse or other storage place, exclusive of turnover tax, import duties or other taxes, levies or obligations and excluding the cost of loading and unloading, transport and insurance.

Paragraph 8: Unless otherwise agreed in writing, delivery of goods will take place ex warehouse, in which case the things are supposed to be delivered by the supplier and to be by client to client offered and/or as soon as the affairs in or on the means of transport are loaded.

Paragraph 9:Unless otherwise agreed in writing, the transport will take place at the risk and expense of the customer, even if the carrier has determined that all transport documents should expressly mention that all damages resulting from the transport at the expense and risk of the sender.

Paragraph 10: If the supplier makes samples available to client and this client kept the samples he is obliged within 14 days of receipt to return undamaged and in original packaging to the supplier carriage paid.

Paragraph 11: If the supplier shows or provided a model, sample or example, it shall do so only by way of designation: the qualities of the goods to be delivered can deviate from the sample, model or example. The provisions of article 3 shall apply mutatis mutandis.

Article 8 - Guarantee and return.

Paragraph 1: For the third party concerned but delivered by the supplier by its services, business and/or commodities in the previous paragraphs shall apply only to the extent and to that extent in which the third-party supplier of those services, goods and/or raw materials to supplier warranty.

Paragraph 2: recognized by the supplier as defective goods will be replaced either by him, or in purchase amount will be credited to the exclusion of any other way of (additional) compensation obligation.

Paragraph 3: Return may be processed only after written consent of supplier, but is for the account and risk of the client and never implies any admission of liability.

Article 9 - Retention of title.

Paragraph 1:The supplier reserves the ownership of the delivered goods until the purchase price to the customer for all these goods has been paid in full.

Paragraph 2: If the vendor under the agreement concluded with the customer for the customer to compensate work done by the customer, the reserved property likewise also this claim of the supplier until the customer has fully met.

Paragraph 3: The reserved goods also applies to claims that the supplier to obtain due to client if client lacks in one or more of his obligations towards the supplier.

Paragraph 4:As long as the ownership of the delivered goods not is passed on to the client, he may not pledge the goods or grant any other right to it to a third party other than in the normal course of the exercise of his business where the client obliged in case of sale on credit, by its buyers to a retention of title clauses on the foot of the provisions of this article.

Paragraph 5: Client undertakes claims he obtains his customers not to assign to third parties or to pledge and directs the supplier claims, moreover, referred to as soon as the desire to be known, to pledge to her in the manner indicated in art. 3:239 BW to multiple security of its claims on whatever account against client.

Paragraph 6: If the customer with the seller will fail against the supplier, the supplier is entitled to take back the goods delivered under retention of title. After repossession the customer shall be credited for the market value, which in no case will exceed the original purchase price minus the cost on the repossession cases.

Article 10 - Payment.

Paragraph 1: Unless otherwise agreed in writing and without prejudice to the following paragraph the provisions shall be paid immediately to the supplier payments online or or at the latest within 14 days after the invoice date NET male be made, as a deadline.

Paragraph 2: Unless expressly agreed otherwise, all payments made, also of how stretching client first, reduce the costs, subsequently to reduce the interest payable and finally to reduce the principal amount of the unpaid invoices.

Paragraph 3:Set-off or other forms of set-off are never allowed without express written agreement.

Paragraph 4: The supplier is at all times entitled to deliver, before or with the delivery to continue, it deems sufficient for payment or security for the fulfilment of the payment obligations of the client to desire, be entitled to suspend further supplies if the customer responds to this desire not, even in case a fixed delivery time is agreed , without prejudice to the right of the supplier to claim compensation for damages due to late or non-implementation of the agreement.

Paragraph 5: If the customer does not pay within the agreed term, he is legally in default and has supplier without any notice the law from the due date of the unpaid invoice or invoices to charge interest in the amount of 2% above legal interest with a minimum interest rate of 12% per year over the invoice amount.

 

 

Paragraph 6:All through the supplier extrajudicial collection costs will be borne by the customer and are calculated at the rate of the outstanding amount in the manner hereinafter specified, provided that the minimum € 70,00. The extrajudicial collection costs are calculated on the principal as follows:

over the first € 3,000.00 – 15% over the excess up to € 6,000.00 – 10% over the excess up to € 15,000.00 – 8% over the excess up to € 60,000.00 – 5% on the balance above € 60,000.00 – 3% Paragraph 7: If the customer is in default hit his from then on all outstanding receivables immediately due and payable to the supplier to the customer.

Article 11 - Aliability.

Paragraph 1: Subject to gross negligence or intent by supplier or managerial employees of supplier, the supplier is not liable for costs, damages or interests, created as a result of acts or negligence of the aforesaid persons or by other employees of supplier or of persons by supplier to implementation of the agreement.

Paragraph 2: Any liability of supplier for loss of profits or other indirect damages is expressly excluded.

Article 12 - Designs, models, etc.

Paragraph 1: All drawings, sketches, diagrams, samples, models, tools, etc. that continue to be used by the supplier to the customer, even if they made mental and/or physical property of supplier and may therefore, subject to the prior written consent of supplier, for no other purpose than performance of the contract between the supplier and the client used to be.

Paragraph 2: the customer shall indemnify the supplier against claims by third parties, in respect of the goods referred to in the previous paragraph submitted by client, regarding intellectual property rights.

Article 13 - Return rented and loaned property.

Paragraph 1: If the supplier to the customer has rented with the execution of the agreement, goods and/or on loan, whether for payment or not, the client required goods within fourteen (14) days after termination of the agreement, for any reason, in their original state, free of defects and to return completely. The aforementioned term to apply already has a deadline.

Paragraph 2: If the customer, for whatever reason, is in default with the obligation referred to in paragraph 1, the right supplier has the resulting damages and costs, including replacement costs and loss of rental income, to the customer, without prejudice to the other rights due to the supplier in this context.

 

 

 

 

Article 14 - Disputes/applicable law/choice of forum.

Paragraph 1: All disputes arising between supplier and client or advisor or client will preferably be presented to arise and mutually accepted mediator and at a stalemate at the competent court of the place of establishment of the supplier.

Paragraph 2: unless otherwise agreed explicitly in writing all legal actions to which these terms and conditions by the client result in course of a year since delivery date.

Article 15 - Other provisions.

Paragraph 1: The chapters used in these general terms and conditions above the articles referred to are only indicative and may not be used for interpretation purposes in respect of which is included in the articles.

Paragraph 2: These terms and conditions are available in Dutch, English and Greek language. In the event of any incompatibility between the Dutch-speaking, the English-language and/or the Greek version the English version shall prevail.