1. Rubbish Reusables: Rubbish Reusables B.V., located in ‘s-Hertogenbosch.
2. Customer: the party with whom Rubbish Reusables has entered into an agreement.
3. Parties: Rubbish Reusables and Customer collectively.
4. Consumer: a Customer who is also an individual and acts as a private person.
1. These conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Rubbish Reusables.
2. Rubbish Reusables and the Customer can only deviate from these conditions if agreed upon in writing.
3. Rubbish Reusables and the Customer expressly exclude the applicability of the Customer’s or others’ general terms and conditions.
1. Offers and quotations from Rubbish Reusables are non-binding unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum of 1 month, unless another period is stated in the offer or quotation.
3. If the Customer does not accept an offer or quotation within the specified period, the offer or quotation expires.
4. Offers and quotations do not apply to subsequent orders unless expressly agreed upon in writing.
1. Upon acceptance of a non-binding offer or quotation, Rubbish Reusables may still withdraw the offer or quotation within 3 days after receiving the acceptance, without the Customer deriving any rights from it.
2. The Customer’s oral acceptance binds Rubbish Reusables only after the Customer has confirmed it in writing or electronically.
1. Rubbish Reusables uses prices in euros, excluding VAT and any other costs such as administration or shipping costs unless otherwise agreed in writing.
2. Rubbish Reusables may change the prices of its services and products on its website and in other communications at any time.
3. Rubbish Reusables and the Customer agree on a total amount as an indicative price for services by Rubbish Reusables, unless otherwise agreed in writing.
4. Rubbish Reusables may deviate up to 10% from the indicative price.
5. If the indicative price is expected to exceed 10%, Rubbish Reusables must inform the Customer in a timely manner.
6. The Customer may cancel the part of the order that exceeds the indicative price (plus 10%) if the indicative price is expected to exceed 10%.
7. Rubbish Reusables may adjust prices annually.
8. Rubbish Reusables will communicate price adjustments to the Customer before they take effect.
9. A consumer may cancel the agreement with Rubbish Reusables if they disagree with the price increase.
1. Rubbish Reusables may request an advance payment of up to 50% of the agreed amount when entering into the agreement.
2. The Customer must pay a post-delivery payment within 1 month after delivery.
3. The payment terms set by Rubbish Reusables are strict deadlines. If the Customer has not paid the agreed amount by the last day of the payment term, they are automatically in default, without Rubbish Reusables having to send a reminder or notice of default.
4. Rubbish Reusables may make the delivery dependent on immediate payment or require security for the total amount of services or products.
1. If the Customer does not pay within the agreed period, Rubbish Reusables may charge statutory interest of 8% per month for commercial transactions from the day the Customer is in default, with a part of a month counting as a whole month.
2. When the Customer is in default, they must also pay extrajudicial collection costs and any damages to Rubbish Reusables.
3. In the event that the other party defaults on any (payment) obligation (including timely performance thereof), in addition to the principal amount and interest, all costs incurred to obtain extrajudicial satisfaction shall be borne by the other party. The extrajudicial collection costs shall amount to at least 15% of the principal sum owed, with a minimum of €150.00 excluding VAT, unless the other party is a consumer, in which case the collection costs shall be calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.
4. If the Customer does not pay on time, Rubbish Reusables may suspend its obligations until the Customer has paid.
5. In case of liquidation, bankruptcy, attachment, or suspension of payments on the part of the Customer, Rubbish Reusables’ claims against the Customer become immediately due.
6. If the Customer refuses to cooperate in the execution of the agreement by Rubbish Reusables, they must still pay the agreed price.
1. If the Customer is in default, Rubbish Reusables may invoke the right of retention with regard to the unpaid products delivered to the Customer.
2. Rubbish Reusables exercises its right of retention by giving written or electronic notice to the Customer.
3. Once the Customer is notified of the invoked right of retention, they must immediately return the relevant products to Rubbish Reusables, unless otherwise agreed in writing.
4. The Customer pays the costs of retrieving or returning the products in clause 3.
1. If the Customer is in default, Rubbish Reusables may suspend the fulfillment of its obligations until the Customer has fulfilled its payment obligations.
2. Rubbish Reusables informs the Customer in writing or electronically about the use of the suspension right.
1. The delivery time is only indicative unless expressly agreed otherwise in writing.
2. If Rubbish Reusables needs information from the Customer for the execution of the agreement, the delivery time starts after the Customer has made this information available to Rubbish Reusables.
3. If an agreed advance payment is not received, the delivery time starts when the Customer has made the advance payment.
4. Exceeding the agreed delivery time does not entitle the Customer to compensation, dissolution of the agreement, or non-fulfillment of any obligation arising from the agreement unless otherwise agreed in writing.
1. Rubbish Reusables delivers its products and services ex-works, according to the current version of the Incoterms.
2. The risk of loss, damage, or depreciation transfers to the Customer at the time of delivery, unless otherwise agreed in writing.
1. The Customer must inspect the delivered products or services immediately upon receipt.
2. The Customer must report visible defects or non-conformities in writing or electronically to Rubbish Reusables within 3 days after delivery.
3. Hidden defects or non-conformities must be reported to Rubbish Reusables in writing or electronically within 3 days after discovery and no later than 1 month after delivery.
4. The Customer sends a clear and detailed description of the defect or non-conformity with the complaint.
5. The Customer provides Rubbish Reusables with the opportunity to investigate a complaint.
1. Rubbish Reusables guarantees that its products and services meet the agreement’s specifications and the usual requirements and standards that can reasonably be set at the time of delivery.
2. The warranty period for products delivered by Rubbish Reusables is 1 year, starting from the date of delivery.
3. The warranty does not cover defects arising from improper use, normal wear and tear, or damage caused by the Customer or third parties.
4. If a product does not meet the warranty, Rubbish Reusables replaces or repairs it within a reasonable period, or if repair or replacement is not possible, it reimburses the purchase price to the Customer.
5. If the Customer discovers a defect, they must report it to Rubbish Reusables in writing or electronically as soon as possible.
6. If the Customer returns a product to Rubbish Reusables for repair or replacement, they must enclose a detailed description of the defect.
7. The Customer pays the costs of returning products to Rubbish Reusables.
1. Rubbish Reusables is only liable for direct damage resulting from an attributable failure to fulfill the agreement.
2. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions, any reasonable costs incurred to have the deficient performance of Rubbish Reusables comply with the agreement unless it cannot be attributed to Rubbish Reusables.
3. Rubbish Reusables is not liable for damage caused by intent or gross negligence on the part of third parties.
4. Rubbish Reusables is not liable for indirect damage, including consequential damage, loss of profit, lost savings, and damage due to business interruption.
5. If Rubbish Reusables is liable for any damage, the liability is limited to the amount paid out by its insurance in that specific case.
6. If the insurer does not pay or the damage is not covered by insurance, the liability is limited to the amount charged by Rubbish Reusables for its services or products that caused the damage.
7. The limitations of liability for direct damage contained in these conditions do not apply if the damage is due to intent or gross negligence on the part of Rubbish Reusables.
8. Rubbish Reusables is not liable for damage to or loss of products during transport if the Customer has arranged the transport.
1. Parties are not obliged to fulfill any obligation if they are prevented from doing so due to force majeure.
2. Force majeure means any circumstance beyond the control of the parties that permanently or temporarily prevents fulfillment of the agreement, including fire, government measures, power failure, internet, network, or telecommunication failures, war, mobilization, transport barriers, strike, exclusion, business disturbances, stagnation in supply, delay in or non-compliance by suppliers, and other disruptions in the company of Rubbish Reusables or third parties engaged by Rubbish Reusables.
3. If a situation of force majeure lasts longer than 90 days, each party has the right to dissolve the agreement in writing, in whole or in part, without judicial intervention, without the parties being entitled to any compensation for damage.
1. Either party may dissolve the agreement in whole or in part if the other party imputably fails to fulfill its obligations under the agreement.
2. Before a party can proceed to dissolve the agreement, it must first give the other party written notice of default, providing a reasonable period for remedying the failure, unless the nature of the default makes immediate dissolution justified.
3. If the Customer is in default, Rubbish Reusables is entitled to compensation for damages, including costs, both direct and indirect.
4. If Rubbish Reusables is in default, the Customer is entitled to compensation for direct damage resulting from Rubbish Reusables’ attributable failure to fulfill the agreement.
1. Rubbish Reusables retains all intellectual property rights to its products and services, including designs, drawings, models, software, and quotations.
2. The Customer may not reproduce, disclose, or exploit Rubbish Reusables’ products and services without prior written consent.
1. If the customer cancels the agreement, Rubbish Reusables B.V. will charge the customer a damage claim amounting to 25% of the total purchase amount. If the customer cancels the agreement after Rubbish Reusables B.V. has informed the customer of an expected date of (partial) delivery, this percentage will be increased to 50% of the total purchase amount. These percentages are fixed, unless Rubbish Reusables B.V. can demonstrate that the damage suffered is higher. Rubbish Reusables B.V. will then charge these costs to the customer.
1. Both parties are obliged to maintain the confidentiality of all confidential information they have obtained from each other or from another source in the context of their agreement.
2. Information is considered confidential if the other party has indicated this or if this results from the nature of the information.
3. If, pursuant to a legal provision or a court decision, Rubbish Reusables is obliged to provide confidential information to third parties designated by law or the competent court and Rubbish Reusables cannot invoke a legal or recognized right of refusal, Rubbish Reusables is not obliged to pay compensation or indemnification, and the Customer is not entitled to dissolve the agreement on the grounds of any damage resulting from this.
1. Rubbish Reusables processes personal data of the Customer in accordance with the General Data Protection Regulation (GDPR) and its privacy policy available on its website.
2. The Customer agrees to the processing of their personal data as described in the privacy policy.
1. Dutch law applies to these conditions and the agreement between Rubbish Reusables and the Customer.
2. The Vienna Sales Convention (CISG) does not apply.
3. Any disputes arising from these conditions or the agreement between Rubbish Reusables
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Website: https://rubbishreusables.com/
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