General terms and conditions of Shred-Ahead.com.
1.General Terms and Conditions
1.1 These terms and conditions shall apply to all offers made by Shred-Ahead.com or agreements to be entered into with its customers, whether they have come into effect orally, through Internet domains of Shred-Ahead.com or agreed in writing or confirmed by Shred-Ahead.com, unless and only to the extent explicitly deviated from in writing.
1.2 General terms and conditions, irrespective of how these are titled, used by a buyer, shall never be binding for Shred-Ahead.com unless these have explicitly been accepted by Shred-Ahead.com in writing.
2.1 In these general terms and conditions ‘buyer’ shall mean: the natural or legal persona who has ordered Shred-Ahead.com to deliver products or to carry out work.
3.Offers and quotations
3.1 All offers and quotations of Shred-Ahead.com shall be free of obligations and shall be valid up to 30 days after the date stated on the offer or quotation. Any agreement between Shred-Ahead.com and buyer shall first come into effect after the acceptance and/or the confirmation by Shred-Ahead.com of the order or commission of buyer, including any special agreements in writing, or through the domain names of Shred-Ahead.com, or when Shred-Ahead.com has actually started to ship the ordered goods.
3.2 In the event of any differences between the order or commission of buyer and the confirmation in writing or by e-mail by Shred-Ahead.com, such confirmation shall prevail.
3.3 Shred-Ahead.com shall have the right to suspend the execution of the agreement entered into, fully or partly, during the time that, to the reasonable judgement of Shred-Ahead.com, the financial situation of buyer justifies this, without prejudice to the right of compensation of Shred-Ahead.com and without granting buyer any rights of compensation.
4.1 Shred-Ahead.com shall not be liable for incorrect and/or delayed sending of order information and communications as a result of the use of the internet or any other means of communication between buyer and Shred-Ahead.com, or between Shred-Ahead.com and any third parties, in so far as relating to the relationship between buyer and Shred-Ahead.com.
5.1 Delivery times specified by Shred-Ahead.com shall be maintained as much as possible, but do not constitute final dates for Shred-Ahead.com, unless explicitly otherwise agreed in writing. In the case of orders through the internet domains of Shred-Ahead.com, the delivery time shall not exceed 30 days, unless explicitly agreed otherwise in writing. If the delivery time is not feasible, the buyer shall be notified in good time, and be offered the opportunity of dissolving the agreement. On dissolution of the agreement, amounts already paid shall be refunded within 30 days of cancellation on an account number to be indicated by buyer.
5.2 On exceeding the delivery time, buyer shall have no right of compensation by Shred-Ahead.com.
6.Right of return
6.1 With respect to orders through the internet domains of Shred-Ahead.com, a cooling-off period of 7 days shall apply after receipt of the ordered goods, unless this is excluded from the offer. Buyer shall have the right, without stating the reason therefore, to return the ordered goods subject to the following conditions: a. The delivered goods may not be used and/or assembled; c. The delivered goods may not be used and it must be possible to resell the item(s); c. The right of return does not apply to purchases that are made to order, which are, therefore, customised work. Custom work is excluded form the right of return; d. The right of return does not apply to a service that Shred-Ahead.com started with the consent of buyer before the cooling-off period has expired.
6.2 The costs for the return of the delivered goods shall be to the account of buyer. Costs calculated through to Shred-Ahead.com, as a result of the internet payments effected by buyer in relation to the returned goods, shall also be to the account of buyer. 6.3 After receiving the returned product(s), the order will be cancelled. Amounts already paid will be refunded within 30 days of cancellation on an account number to be indicated by buyer.
6.4 Shred-Ahead.com must at all times be informed in writing of any cancellation of ordered goods.
7.Purchasing, transport, unloading
7.1 Shred-Ahead.com shall to its own discretion determine the means of transport of the goods to be delivered, unless explicitly agreed otherwise in writing or when buyer picks up the goods at Shred-Ahead.com in person.
7.2 If, irrespective of the agreed method of transport, the goods to be delivered are ready for transport at Shred-Ahead.com for take-off and Shred-Ahead.com has informed buyer thereof, buyer shall be held to take off the goods within the reasonably shortest possible term after such notification.
7.3 In the event that transport of the goods to be delivered is carried out by or on behalf of Shred-Ahead.com, buyer shall be held to ensure the reasonably fastest possible unloading of the means of transport after it has reached the destination.
7.4 Non-compliance by customer of the obligation referred to in one of the previous two paragraphs, entitles Shred-Ahead.com to store the goods to the risk and to the account of buyer, to keep the goods in store respectively and to charge buyer with the costs thereof, without granting buyer the right to suspend payment of the agreed price.
8.1 Unless explicitly agreed otherwise in writing, the prices shall be ex store of Shred-Ahead.com and denominated in EUR, including VAT.
9.1 Unless explicitly agreed otherwise in writing, buyer shall pay the agreed invoiced amount prior to delivery or pay in cash on picking up the goods.
10. Reservation of title
10.1 Intellectual property rights on the products delivered by Shred-Ahead.com shall be fully and unconditionally respected by buyer. Shred-Ahead.com does not warrant that the products delivered to buyer do not violate any (implicit) intellectual and industrial property rights of third parties.
11.Quality and guarantee
11.1 Claims by buyer with respect to delivered goods must be received by Shred-Ahead.com in writing within seven days after the actual delivery.
11.2 Shred-Ahead.com guarantees reasonably common quality requirements during normal use of the goods delivered by Shred-Ahead.com. Shred-Ahead.com only guarantees specific quality requirements and quality standards of delivered goods provided that these requirements and standards have been explicitly agreed in writing. Shred-Ahead.com never ensures, even if a sample of the supplied goods has been provided to buyer in advance, that the delivered goods are suitable for achieving the purposes for which customer wishes to use or process the delivered goods. Shred-Ahead.com accepts no liability for, by or on behalf of Shred-Ahead.com supplied advice, data, calculations or other statements concerning the delivered goods.
11.3 To the extent that a complaint made by buyer with respect to the quality requirements or quality standards concerning the delivered goods is founded, Shred-Ahead.com shall, at its own discretion, repair the delivered goods or replace them by other similar goods.
11.4 In no other way than determined in the previous paragraph shall Shred-Ahead.com be liable to buyer, for damages incurred in any form whatsoever, insofar as not contrary to any enforceable applicable decision by the court. Liability for any form of consequential damages including loss of income resulting from the products or services supplied by Shred-Ahead.com is explicitly excluded and any liability of Shred-Ahead.com shall at all times be limited to the height of the purchase amount.
11.5 If agreed, delivery of goods that Shred-Ahead.com derives or has derived from third parties, the liability of Shred-Ahead.com shall be limited to what such third party is in fact liable to Shred-Ahead.com or turns out to be, in the form and to the extent in which such third party explicitly acknowledges its liability. This provision shall only apply, to the extent in which its application is more favourable to buyer than the application of what is determined in the previous paragraph.
12. Non-attributable shortcomings
12.1 Shred-Ahead.com shall have the power to dissolve the agreement with buyer by means of a written notice to buyer and/or to suspend the implementation of the agreement, such without any right to compensation, if the implementation of the agreement is hindered or impeded as a result of force majeure. Cases of force majeure shall include: a. business breakdown or interruption of any kind, insofar as such breakdown or interruption has not arisen as a result of circumstances that cannot be reasonably be attributed to Shred-Ahead.com; b. delayed or late delivery by supplier(s) of Shred-Ahead.com; c. transport difficulties or transportation hindrances of any kind, which hinder or impede transport to or from the premises of Shred-Ahead.com insofar as these difficulties or impediments cannot reasonably be attributed to Shred-Ahead.com.
13. Exclusion of precedent
13.1 In the event that Shred-Ahead.com, whether or not implicitly for a short or longer period of time allows deviations from these general terms and conditions, this shall be without prejudice to its right to require immediate and strict compliance with these terms and conditions. The buyer can never claim any rights from the fact that Shred-Ahead.com applies these terms and conditions in a flexible manner.
14.1 Disputes and applicable law
14.1 All disputes between Shred-Ahead.com and buyer shall be governed by Dutch law.
14.2 All disputes arising out of or in connection with an agreement or the establishment thereof with a buyer domiciled in the Netherlands, shall be settled by the competent court in the place of business of Shred-Ahead.com, unless buyer, within one month after Shred-Ahead.com has invoked this provision in writing, opts for settlement of the dispute by the competent court by law.
All disputes arising out of or in connection with an agreement or the
establishment thereof with a buyer not domiciled in the