Applicability general term & conditions
Samples / Models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products to be delivered correspond to the sample or model.
Payments and Payments term
Products are settled directly in the store.
Effects do not pay timely
Rights of advertising
Right of Withdrawal
If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement according to the law, Breath In Balanz will reimburse these costs to the consumer within 14 days of receiving the timely recourse to the right of withdrawal, provided that the consumer has returned the product to Breath In Balanz B.V. in time.
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
Unless the customer is a consumer, the customer waives his right to set off a debt to Breath In Balanz with a claim against Breath In Balanz B.V..
Retention of title
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transportkosten zijn voor rekening van de klant, tenzij partijen hierover iets anders hebben afgesproken.
Packaging and Shipment
The customer indemnifies Breath In Balanz B.V. against all claims from third parties that are related to the products and / or services supplied by Breath In Balanz.
Notice of default
If Breath In Balanz B.V. enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to Breath In Balanz B.V. pursuant to that agreement.
Breath In Balanz B.V. Liability
Elk recht van de klant op schadevergoeding van Breath In Balanz vervalt in elk geval 12 maanden na de gebeurtenis waaruit de aansprakelijkheid direct of indirect voortvloeit. Hiermee wordt niet uitgesloten het bepaalde in artikel 6:89 van het Burgerlijk Wetboek.
Right of dissolution
1.The customer has the right to terminate the agreement if Breath In Balanz B.V. is accountably in breach of its obligations, unless this failure, given its special nature or minor significance, does not justify the termination.
2.If the fulfillment of the obligations by Breath In Balanz is not permanently or temporarily impossible, dissolution can only take place after Breath In Balanz is in default.
3.Breath In Balanz B.V. has the right to terminate the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Breath In Balanz has become aware of circumstances that give him good grounds to fear that the customer cannot properly fulfill its obligations.
Force of the majority
Modification of general conditions
Transition of rights
Consequences nullity of destribility
Applicable law and competent court
Prepared on November 21, 2019.