Terms and conditions
Article 1: Applicability
1.1 These general conditions are applicable to all offers, orders and agreements with Dutch Bait Company. General conditions of the client or third parties are explicitly excluded.
By accepting an offer, either verbally or in writing, or by placing an order with Dutch Bait Company, the client explicitly accepts the General Terms and Conditions.
Dutch Bait Company can deviate from the Terms and Conditions by written agreement. Other provisions of the General Terms and Conditions will remain in full force and effect. In case of contradiction, the stipulation of the agreement will prevail.
Article 2: Offers/agreements
All offers made by Dutch Bait Company are without engagement. Offers are based on the information provided by the client at the time of the order or request, of which Dutch Bait Company can assume accuracy. The contents of leaflets, brochures, flyers and newsletters are subject to change and do not bind Dutch Bait Company.
Dutch Bait Company is entitled to refuse an order or to attach certain conditions to the delivery. If an order is not accepted or cannot be delivered, Dutch Bait Company will inform the client within ten working days after receipt of the order, stating the reasons.
Dutch Bait Company and the client acknowledge that the use of electronic means of communication results in a valid agreement. The absence of an ordinary signature does not affect the validity. Dutch Bait Company's administration serves as a starting point of proof of orders and payments made by the client to Dutch Bait Company, and of deliveries made by Dutch Bait Company.
Clients can only dissolve an agreement based on articles 3.2 and 6.1.
Article 3: Prices
3.1 The price for an article is mentioned in Euros, including VAT and excluding handling- and shipping costs and possible other levies, unless stated otherwise on the website.
3.2 Dutch Bait Company explicitly reserves the right to unilaterally change the price of an article in case of a price increase in the period between the order and the delivery and/or in case of a wrong price indication. In that case, the client has the right to cancel the order or dissolve the agreement in writing within ten working days after notification, free of charge.
Article 4: Payment
4.1 Payment can only be made by one of the payment methods as indicated during the ordering process. An order may be subject to further payment conditions.
4.2 Payment of invoices should, unless otherwise agreed in writing, be made without deduction or discount within 30 working days of invoice date and in the way and currency indicated by Dutch Bait Company in the invoice.
4.3 The term of payment is a fatal term. When payment is not made in time, the client will be in default, also without proof of default.
In case of overdue payment, client will owe Dutch Bait Company an interest of 1,5% per month over the outstanding amount, from the day payment was due until the day payment is made in full. In case payment only takes place after Dutch Bait Company has demanded the client to pay, the client will also owe an amount for administration costs. If Dutch Bait Company outsources its claim for collection, the client will also be due the extrajudicial collection costs, equal to 15% of the amount due, without prejudice to the right of Dutch Bait Company to claim the actual (extra-)judicial collection costs instead.
4.5 Payment of an amount first serves to reduce the costs incurred, then the interest due and finally the principal sum and current interest.
4.6 In case of non-timely payment, Dutch Bait Company is entitled to suspend (further) delivery of an article until the client has fulfilled his obligations to pay in full.
4.7 In case of payment by bank or giro, the date of payment is the date of crediting the Dutch Bait Company bank account.
4.8 In the event of insufficient funds on the client's bank or giro account, or for any other reason, the amount to be paid cannot be collected, Dutch Bait Company is entitled to place a renewed order for collection with the financial institution concerned. Any additional collection costs will be charged to the client.
4.9 The other party is not allowed to settle a debt arising from an agreement with any claim on Dutch Bait Company.
4.10 Dutch Bait Company retains the right at all times to demand security for payment or advance payment, whereby compliance with its obligations can be suspended until the demanded security has been provided.
Article 5: Delivery
5.1 Delivery will take place as agreed between parties and within a maximum of thirty days after ordering.
5.2 Delivery times quoted by Dutch Bait Company are indicative only.
As soon as the product is delivered to the client at the delivery address, the risk of the product passes to the client.
Article 6: Claims
6.1 The customer is obliged to examine upon delivery whether the article complies with the agreement. Should this not be the case, the client needs to inform Dutch Bait Company within five working days after the discovery thereof, stating reasons.
6.2 Submitted complaints or objections do not suspend the payment obligation.
6.3 Return of the product can only take place after prior written notification to Dutch Bait Company.
6.4 In case it is proven that the product does not comply with the agreement, Dutch Bait Company has the choice to replace the returned product by a new one, or to refund the invoiced amount.
6.5 Dutch Bait Company retains the right to refuse a returned product or to refund only a part of the amount paid, when it is suspected that the product has been opened, used or damaged, unless this damage can be attributed to Dutch Bait Company, the supplier or the transporter of the product. Dutch Bait Company will inform the client in writing.
article 7: Return and refund
7.1 The client has the right to return article(s) within seven working days, without explanation.
7.2 If the client dissolves the agreement and has already received the article, the client should return the article to Dutch Bait Company immediately, but no later than seven working days after the dissolution of the agreement.
7.3 In the event of dissolution based on article 3.2 or 6.1, the reasonable costs of return shipment will be for the account of Dutch Bait Company. In case of dissolution based on article 9.2, the costs of return shipment will be for Client.
7.4 In case of dissolution based on article 3.2, returns will only be accepted if the product is properly packed and the product is undamaged.
7.5 Dutch Bait Company will return the amount paid by the client no later than fifteen working days after receipt of the returned article.
Article 8: Warranty and liability
8.1 For each article delivered by Dutch Bait Company, only the warranty given by the producer of the article applies.
The content of the Website and all other statements made by Dutch Bait Company have been made with the utmost care. However, Dutch Bait Company can give no guarantees regarding the nature, content and accuracy of the information. Dutch Bait Company is not liable for apparent errors or inadequacies.
Dutch Bait Company is not liable for any damage - including but not limited to damage resulting from inaccuracy, illegality, incompleteness or delay in the topicality of the information, in the broadest sense of the word, as published by Dutch Bait Company - suffered by the other party as a result of Dutch Bait Company (or a person for whom it is liable by law) failing to honour this agreement, or committing an unlawful act in connection with the execution of this agreement.
8.4 Clause 8.3 does not apply to damages resulting from intent or gross negligence of Dutch Bait Company or any person for whom it is liable under the law. The liability for such damages is limited to liability for direct damage to goods and direct damage by death or injury and further limited to the invoice value or, in case of a continuing agreement, the fee paid by the other party during the last month.
8.5 The information mentioned in article 8.3 in any case includes (but is by no means limited to) the content of advertisements and/or publications legally prescribed to natural or legal persons, as far as these are compiled by (an)other than Dutch Bait Company.
Possible liability of Dutch Bait Company and persons for whom Dutch Bait Company is responsible, will in all cases be limited to a maximum of the invoice value of that part of the agreement from which the liability originates.
Article 9: Reservation of property
The ownership of an item, notwithstanding the actual delivery, will only be transferred to the client after the client has paid in full all that the client owes in the matter of any agreement with Dutch Bait Company, including payment of interest and costs, even of earlier or later deliveries.
9.2 Client is not allowed to encumber, sell, resell, alienate or otherwise encumber an article, before ownership has been transferred.
Article 10: Force majeure
10.1 Without prejudice to its other rights, Dutch Bait Company is entitled, in case of force majeure, at its own discretion, to suspend the execution of the order, or to dissolve the agreement without judicial intervention, by informing the client in writing and without Dutch Bait Company being liable to pay any compensation, unless this would be unacceptable under the given circumstances, according to standards of reasonableness and fairness.
By force majeure for Dutch Bait Company is meant any circumstance beyond its control, preventing Dutch Bait Company from honouring its obligations towards Client, wholly or partially, or preventing Dutch Bait Company from honouring its obligations in all reasonableness, regardless of whether these circumstances were foreseeable at the time the agreement was made.
Article 11: Final provisions
11.1 Nullity of any provision of these General Conditions shall not affect the binding of the remaining provisions.
11.2 In case one or more of the provisions of these Conditions, or any other agreement with Dutch Bait Company, should be in conflict with any applicable legal regulation, the provision concerned will cease to have effect and will be replaced by a new, legally permissible, comparable provision, to be determined by Dutch Bait Company.
11.3 Dutch law applies exclusively to all rights, obligations, offers, orders and agreements to which these conditions apply, as well as to these conditions.
11.4 All disputes arising from an Agreement which cannot be settled by mutual agreement will be submitted to the competent court.
11.5 These General Terms and Conditions can be modified by Dutch Bait Company at all times, without prior notice. The modified conditions will be available immediately on the Website. Modified Terms & Conditions are applicable immediately.
11.6 Dutch Bait Company acknowledges that electronic communication can serve as evidence. By accepting the Terms and Conditions, Client acknowledges this as well.