Name: De Ruiter Diamonds.nl - Goudprijs BV
Address: Industrieweg 24 3286 BW Klaaswaal, The Netherlands
Phone: (+31) 0186-746764
Email: [email protected]
Trade Register: No. 24,459,279.
VAT number: NL8207.06.413.B.01
Article 1 Definitions
1.1. DeRuiterDiamonds.nl the user of these terms and conditions and will
hereafter be referred to as "we".
1.2. The term "party" means any (legal) person to whom we offer our
focus offers, as well as those aimed at our offers and the one on
us given an assignment, i.e. the one with whom we enter into an agreement, and furthermore,
one with whom we are in some legal and well as their
representative (s), agent (s), assignee (s) and heir (s).
1.3. The term "products / business" means all products with application of this
terms and conditions are provided to the other party, and all services W.O.
consultancy services that we provide to the other party.
1.4. The term "confidential information" means all in article 16 of these general
conditions specified data and / or information and all by ourselves for closing
of the agreement or its implementation provided business information and
company. Furthermore, be understood as all data and information from third parties
received or heard the other party under this Agreement.
Article 2 Applicability
2.1. These general conditions apply to all our offers,
agreements as well as all acts performed supplies and works
by us, including in the future with us to be entered into legal relations.
2.2. Alterations and additions to these terms and conditions are only binding if
agreed in writing.
2.3. The general conditions of the other party and some
conditions do not apply.
2.4. If it appears that one or more provisions of these terms and conditions are in conflict
with the law, the remaining provisions of these Terms and Conditions remain in full
Article 3 Offer
3.1. All our offers and quotations are free, unless a deadline for
contain acceptance, in which case the offer expire after this period.
3.2. After the offer made changes or commitments either orally or
writing done by us, holding a new offer, which the previous
offer has expired.
3.3. All offers are based on the implementation of the agreement
by us under normal circumstances and during normal working hours, unless
expressly stated otherwise.
Article 4 Conclusion
4.1. The agreement is concluded, if our offer is subject to confirmation at the time of
our receipt of a written acceptance of the offer, or at the
time that we made a start of implementation.
4.2. The agreement is established if our offer is irrevocable, the moment
of receipt by us of a written acceptance of the offer of the other party
within the period specified by us.
4.3. If an acceptance by the other party of the offer, this shall be
a new offer from the other party and a rejection of our entire offer, even
only if there is a deviation on minor points.
4.4. If the other party makes an offer and whether an assignment, our side only
refers to assumption, if we offer and whether this order in writing
acceptance or where we started with the performance of the contract.
4.5. After the agreement supplementary agreements, changes or promises,
either orally or in writing by our staff, representatives, sellers
or other intermediaries are not binding unless we have given the other party in writing
Article 5 Price
5.1. The prices quoted by us are at the margin scheme; they are based on ex
our warehouse / business, unless otherwise agreed in writing.
5.2. The quoted prices quoted by us in Dutch currency or in another
our currency agreed in writing; any exchange rate risk of the
other party, unless other agreed in writing. We are entitled to payment of the
claim equivalent amount in Euros.
5.3. The prices quoted by us are based on the time of the conclusion of
the current market prices and contract specifications and performance of the
contract under normal conditions.
5.4. We reserve the right to charge the other party a proportional rise in
Chargeable, if an increase occurs after the conclusion of the agreement
one or more price-determining factors, W. O. wages, premiums, materials and
5.5. The provisions of article 5.4. applies even if the amendments referred to there in the
price determining factors are the result of already at the establishment of the
Agreement foreseeable conditions.
5.6. In case of application of Article 5.4 could lead to a price increase and the
not the result of legislation or regulations increase, the other party
the right to terminate the agreement against which the price increase
by registered letter within a week after we have notified the
agreed price increase.
5.7. If not expressly agreed otherwise in writing, delivery costs are,
fees and costs for shipping, unloading etc. never included in our prices.
5.8. Costs of loading and unloading, storage or transportation of the other party available
Materials, W. O. crates, pallets, crates, packaging materials or tools,
separately to the other party will be charged.
5.9. Price increases resulting from additions and structural modifications (W. O. changes
Specifications) of the Agreement shall be borne by the other party.
5.10. Costs incurred by the other party has failed the execution of the
Agreement to permit and whether that circumstances arise which add to
count are the other party as a result of which are the result of our costs are
5:11. Failure by the other party puts an end to our failure in case we are in default
would be. During the counterparty default, these measures are not qualified
to take to execution. Costs incurred by the other party is in default, be
5.12. Subject to sub 5.1. are single and multiple packaging out of the
price included and separately, at cost charged. on packaging
incumbent government costs are also borne by the other party. 5:13. Prices are published with great care, however, subject to
changes and errors.
Article 6 Delivery and installation
6.1. Stated delivery times and or delivery dates will never be
regarded as deadlines, unless agreed otherwise in writing. We'll
orders expeditiously, but at least within 30 days of receipt of the
If for any reason delivery is not possible within the time limit or just
is partially possible, the other party immediately, but within 30 days
be informed of order. The other party is then entitled her order
to cancel without penalty.
6.2. If the limit is exceeded the delivery time is not imputable to us, then the
party never claim any compensation.
6.3. The specified delivery times and or completion dates are based on the time of
concluding the agreement prevailing working conditions and timely delivery of
for the implementation of the agreement by us ordered materials or components.
6.4. Delivery is ex warehouse / business, unless otherwise agreed in writing and
the times prescribed by us which times by us to the other party timely and
if possible, will be specified in agreement.
The other party is obliged delivered by us on the scheduled delivery date in
take receipt, failing which any related costs (including:
storage, freight and storage costs) in accordance with our local authority rate, the
party will be charged.
6.5. If more than four days after the agreed date of receipt in his company
passed without the other party's decline has occurred, the order is
deemed by the party to be canceled. In this case the other party is obliged to
payment of all as a result we suffer loss (W. O. all made by us
costs) and 25% of the gross sale of the products under
6.6. We are entitled to deliver in parts. We will continue a partial delivery in that case
specify delivery times. The provisions of Article 6 shall apply mutatis mutandis to
the partial deliveries.
6.7. The risk of the goods shall pass to the other party at the time of delivery, even though
is the property of the case has not yet transferred by us.
6.8. Produced by the other party or office party at the expense and risk of the
other party or his party. All costs arising from difficulties in mounting by
party or party authority at the expense and risk of the counterparty or
his party and can not be passed on to us. All costs arising from the
consequences of incorrect assembly or negligence shall be recovered from the
Article 7 Transport
7.1. Unless otherwise agreed in writing effected the transport / shipping
the expense and risk of the counterparty.
7.2. The mode of transport / shipping and the method of packing, get our
provided, unless otherwise agreed.
7.3. The other party shall receive insight into the cost of shipping which is an integral
form part of the order.
Article 8 Payment
8.1. Unless otherwise agreed in writing, payment by the counterparty or by
be made bank transfer or PayPal, at the latest upon delivery of the case, respectively
within fourteen days after the invoice date. These deadlines apply as deadlines,
on expiry of which the other party is in default. Offsetting against claims that the
party claims to have on us is not permitted. 8.2. Payment must be made in Dutch currency, unless otherwise by us
indicated. If declared by our foreign currency, which applies to the
exchange rate of the day agreed, failing which payment must be made
at the exchange rate of the day of payment.
8.3. Failure to pay within the period specified in Article 8.1 is a contractual interest
payable, equivalent to an interest rate of 1.5% per month or the statutory interest
it is higher, whereby part of a month is counted as a full month,
commencing on the first day after the expiry of the Article 8.1
8.4. Failure to pay within the time limits specified in Article 8.1, we keep the right
to increase the amount owed by the other party with collection costs. The
extrajudicial costs are hereby set at 15% of the
amount to a minimum of € 150, -.
8.5. The other party Payments made in settlement of all
interest and costs and then to settle claims arising from the
Agreement which are the longest due, even though the other party states that the
payment relates to another claim.
8.6. The other party is not entitled on the basis of alleged defects in the product and
for any other reason, to refuse to fulfill its payment obligations or
suspend, unless the defect as such
recognized. In the latter case, the other party is entitled to the payment of up to 15%
the suspension of the amount due for the product in question until the defect is
8.7. In case of liquidation, insolvency, bankruptcy or suspension of payment of the
other party's claims, for whatever reason, immediately to the other party
8.8. We are at all times entitled to require an advance payment of the
counterparty amount due.
8.9. We have the right to our claim against the other party in any way to
third parties to transfer without further notice or without the notification is necessary.
There is only a written notice of the transfer by us to the
party to be done, leaving only schuldbevrijdend the other party to the
third can pay.
Article 9 Suspension and lien
9.1. We are authorized our performance (W. O. also future partial deliveries) on to
if the other party does not fulfill any of its obligations
or if circumstances come to our knowledge give us good reason to fear
that the other party will not fulfill its obligations, except for mandatory
9.2. At all times (at W. O. partial deliveries), we have the right of the other party security
such as to require a bank guarantee for the fulfillment of its obligations under the
agreement. This provision also applies if credit has been stipulated by the
party. If the other party does not comply with our request to provide security,
we have the right to terminate the agreement or to suspend our obligations.
9.3. We can exercise the right of retention on all affairs of the other party which
the execution of the agreement relates and which we in the context of the
agreement actually among us, if the counterparty obligations
related to the implementation of the agreement, or with the other party
concluded agreements resulting from matters that we regularly with the other party
did not fully or partially compliant.
9.4. We are entitled to the costs we have incurred in respect of the care with
regarding the things we actually have in our possession, to recover from the other party.
9.5. We reserve the right for our claims, including the costs referred to
under 9.4 to recover the items mentioned in 9.3, in priority to all against whom
the lien may be invoked. 9.6. We have the right, if the other party despite written reminders with
containing a payment of at least seven days his obligations fully
fulfill immediately the unpaid and / or our existing products
other party to sell and deliver to a third party, and without prejudice to our right to a
compensation to offset the revenue with the outstanding invoices and costs
as mentioned in 9.4.
9.7. If the other party in our opinion does not seem sufficiently creditworthy to
compliance with the agreement, we are entitled to all contractual obligations
Aprons, without prejudice to us by law or these conditions to come
Article 10 Warranty
10.1. We guarantee during a period of 12 months after delivery of a
product that the manufacture and the quality of the product supplied under normal use
10.2. Guarantee referred to in point 10.1 shall not apply if the defects are due to
normally consider wear, wrong handling or improper use, abuse,
use contrary to the instructions given by us, negligence, accident, failure
compliance with the maintenance requirements and / or normal maintenance care or when the
product is repaired or modified without our prior written consent,
or if there is a use other than normal purposes.
10.3. Our obligations under the guarantee as provided in sub 10.1 stretching out
beyond the free repair or replacement free of charge of a product or
part thereof; at the discretion of us and within us by determining reasonable
10.4. Transportation of the product made in the context of the action on the
warranty shall be borne by the other party, unless the transport in our mission
10.5. The other party is obliged to give us asking us the opportunity to
Following its call on the guarantee an investigation by an entity designated by us
to carry out expert, failing which the warranty expires. The
pronunciation of this expert will be binding for both parties. The costs of
above expertise will be borne by the other party if it made by him
Applying the guarantee is unfounded; if the appeal proves visit warranty, the
costs of expertise at our expense.
Article 11 Retention of title
11.1. We reserve the ownership of all concluded by us under and still
agreements to the other party delivered and to be delivered off until the
purchase price for these goods has been paid.
11.2. Now we are under contract as sub 11.1 also on behalf of the other party
by performing those remunerated work, the reserved property is considered
also referred to under 11.1 until the other party has the claim of our whole
11.3. Furthermore, the reserved ownership applies to the claims that we have against the
were their party for failure to comply with the
agreement as referred to above in sub 11.1 and 11.2.
11.4. As long as the legal and economic ownership of the goods delivered not to the
party is passed, this case may not be pledged to a third party any
rights thereto, except as provided in Article 11.5.
11.5. The other party is permitted under retention delivered or down to
delivered as part of the normal course of its business to third parties
sell and transfer.
11.6. The other party is obliged items delivered under retention of title with
due care and as recognizable property to keep from us.
11.7. If the other party to fulfill its payment obligations to us
fails or if we have good reason to fear that he will fail in its obligations, we are entitled to the goods delivered under retention of title back
11.8. The other party is obliged, at our first request:
a. to insure the goods delivered under retention of title and keep them insured
against fire, explosion and water damage and theft and the policy of this
provide insurance for inspection by us.
b. All of the other party claims to insurance companies regarding lower
retention to pledge delivered to us in the manner
prescribed in article 3: 239 Dutch Civil Code.
c. noting the good delivered under retention of title as our property.
d. other ways to cooperate with reasonable measures that we have to
protect our proprietary rights to things like take and what the
other party does not unreasonably interfere with the normal course of its business.
11.9. We are not obliged to indemnify the other party for liability
as holder of the case.
11.10. The other party to the extent that it is a company or corporation shall indemnify us for
third party claims to us, and which can be brought into connection with the
retention of title.
11:11. If the other party fails to fulfill its obligations or there is reasonable fear
he will not do so, we reserve the right for the goods delivered, in which the
sub 11.1 referred to retention of title to the other party or parties to the case
the other party keeps to remove or have removed. The other party is obliged to do so
to cooperate on penalty of a fine of 10% of the he
shekels per day.
Article 12 Force Majeure
12.1. In the event of force majeure delaying the implementation of the contract or prevents both
We as the party entitled to terminate the agreement in writing, without the
party gives any right to compensation, unless we
as a result of this termination would enjoy an advantage that we at fair
would not have had to comply with the agreement.
12.2. Force majeure on our part also includes any circumstance beyond
actions of our genesis, which is the normal performance of the contract
prevented. If such force majeure completed circumstances shall in any case:
loss, damage and / or delay during and transport, extreme absenteeism
the staff, actions / measures at customs, W. O. (temporary) closure of certain
geographic areas, fire and other serious disruptions in our business or in our
12.3. The consequences of the provisions of Article 12.1 and 12.2 refer to (partly)
the provisions of Article 6.1.
Article 13 Liability
13.1. We are not liable for damage unless it is due to intent or
recklessness by us or our supervisor and / or subordinates.
13.2. In case we should be liable for damage and this damage is not due to
intent or gross negligence by us or one of our supervisor and / or
subordinates, our liability shall be limited to direct damage to property or
people, and will never extend to any loss of profits or other consequential damages,
including loss of income.
13.3. In case we should be liable for damages and if not caused such damage
to intent or gross negligence by us or one of our executives and / or
subordinates, our liability shall be limited to the price at which the
party the thing that caused damage purchased, or the amount
paid by the other party to the contract.
13.4. Where a force of res judicata judgment to the provisions of sub
13.3. classifies as unreasonably onerous, the liability is limited to those damages and up to that amount which we are insured or reasonably, given the
in the industry use force, would have been insured.
13.5. The provisions of Article 13.2, 13.3 and 13.4 shall apply only to the extent that our liability
under the law or agreement (W. O. understood the provisions of the present
general conditions) is not limited already beyond the mere application of Article
13.2, 13.3 or 13.4 would follow.
13.6. If the other party is a consumer, our liability shall apply to the legal
Article 14 Complaints
14.1. The other party is obliged to accept the product, once it has been received by him,
to determine whether the product is in order and that the work in accordance with
the contract been performed.
14.2. Any complaints regarding both the goods delivered by us at
respect of work carried out and in respect of invoiced amounts,
must within a reasonable time after discovery of receipt of the goods or after the
performance of the work or after receipt of the invoice, in writing to
us to be submitted, specifying in detail the facts on which the complaint
The other party is obliged delivered etc. as mentioned in this article immediately
inspect on receipt and any inaccuracies and defects immediately
14.3. If it is not reasonably possible the defect within the above period
explore, the other party shall, without delay after he discovers the defect or could
must find written complaint to us.
14.4. Minor or in the sector deviations and differences in quality, number, size
or finish, as well as differences in the performance of the work, can not
constitute grounds for complaint.
14.5. Complaints relating to a specific case or with respect to certain
work let the other party's obligations with respect to other
products or parts of the agreement.
14.6. In the event that we are parts of an item replaced or if we have a case full
Replacing we become the owner of the replaced (old) thing.
14.7. The faulty goods should only be returned when we
Article 15 Dissolution
15.1. If the other party does not timely or properly, despite summations containing
given a reasonable time to comply with any (payment) obligation arising from
any agreement concluded with us, and in the event of suspension of payment,
application for suspension of payments, bankruptcy, receivership or liquidation of
the company of the other party, we are entitled without notice and without
judicial intervention to terminate the contract or part thereof.
15.2. be the dissolution of mutual claims immediately
due. The other party is liable for the damage suffered by us, including
consisting of interest, profits and transport costs.
15.3. If the provisions under 15.1 occurs and the other party enjoys an advantage
he would not have had proper performance, we are entitled to compensation
our damages up to the amount of this benefit.
15.4. Notwithstanding the provisions of this Article, the consumer has the right within
seven working days of receipt without giving a reason to return the goods and
to terminate contract. It will possibly already paid within 30
days after receipt of the return shipment to the consumer by us
repaid including the cost of sending paid by the consumer.
The cost of direct return on behalf of consumers.
Article 16 Intellectual Property Rights
16.1. Unless otherwise agreed with us, we retain all intellectual
property rights (W. O. copyright, patent, trademark, trade law,
designs and models, etc.) on all of our inventions, designs, drawings,
writings, carriers or other information, quotes, images, sketches,
models, models, etc.
16.2. The aforementioned designs, drawings, writings, media data or
other information, quotes, pictures, sketches, models, models, etc. are not allowed
copied without our written permission, shown to third parties and / or to
available to or used otherwise.
16.3. It is the party freely design the above, drawings, writings,
carriers with data and other information, quotes, pictures, sketches, models,
models etc. to be used for a purpose other than that for which we this to the other party
have been made available.
16.4. The provisions of this Article shall survive any termination or cancellation of the
Article 17 Confidentiality
17.1. The other party undertakes to maintain the confidentiality of the order by us to him
posted confidential information from us.
17.2. The other party shall not copy confidential information or otherwise
others make available, except with prior written permission from us.
17.3. The other party's confidential information shall not be used for any purpose other than
which it was supplied by us and will use it in any other way than by us
17.4. The other party will not make changes to documents or confidential matters
contain information from us.
17.5. All confidential data and information provided by us remain our property. The
party is obliged to confidential information at our first request
immediately return to us without retaining copies.
17.6. The other party is obliged to its employees, agents and subcontractors -
necessarily - have knowledge of the confidential information is to be written
connect to the same confidentiality obligations as the other party prior to
Such obtain confidential information.
17.7. In case of violation of one or more obligations under this article, the other party
us an immediately payable penalty of € 10,000, - per violation and
each day a violation continues. This penalty does not affect the right of us
full compensation in accordance with the law.
17.8. The provisions of this Article shall survive any termination or cancellation of the
Article 18 Disputes and applicable law
18.1. All agreements to which these conditions fully or partially
applicable Dutch law applies.
18.2. The provisions of the Vienna Convention do not apply, nor
any future international regulation concerning the purchase of movable property, the
can be excluded by the parties.
18.3. All disputes arising from offers and agreements, whatever
called, will be submitted to the District Court of 's-Hertogenbosch
except where the consumer chooses to submit the dispute to the
Dispute Thuiswinkel or equivalent disputes committee.
18.4. In the event of a (potential) conflict we are entitled by one or more experts
the other party to (do) an expertise carried out.
Article 19 Complaints and privacy
19.1. Complaints can be submitted orally or in writing by address
Industrieweg 13 3286 BW Klaaswaal and by phone 0186-572732 or email [email protected] We refer to the complaints to us
19.2. With regard to the confidential handling of the data of the consumer
Please refer to the applicable privacy regulations.
Article 20 Exception concerning orders investment objects
20.1. Among investment objects are the articles from the department "Gold & Silver" in the shop. The asking prices are updated according to current precious metal prices.
20.2 All orders in which an investment is included must be paid within 3 working days (after confirmation of the order by e-mail), unless otherwise agreed between buyer and seller. After this period, we reserve the right to change an order and / or cancel.
20.3 Payment is made on the basis of a pass to the vendor payment.
20.4 Seller always reserves a lien for the goods until the buyer for payment in full (including the payment of any previous deliveries) is responsible, or has provided sufficient security for the fulfillment of all existing and future already determined obligations.