General terms and conditions
1.1 “Plasticflessenshop.nl” is a trading name of Plasticflessen.nl B.V., which company is based in Zuidbroek and registered with the Chamber of Commerce under number 32108423. Plasticflessenshop.nl will be referred to as "PFSS" below.
1.2 These terms and conditions apply to any and all offers, deliveries and/or services on the part of PFS and/or all agreements entered into with PFS. Deviating terms and conditions will only apply if these have been explicitly agreed upon with PFS in writing in and in advance. The client has taken cognisance of these terms and conditions of PFS prior to the finalisation of an order and has accepted these.
2. PFS does not accept the general terms and conditions of any other party/client, unless explicitly otherwise agreed upon in writing. Should the other party refer to its own terms and conditions and declare these terms and conditions to be applicable, then the parties, by accepting the terms and conditions of PFS, will agree that PFS is not bound by the terms and conditions of the other party.
3.1 All of the prices, brochures and other information regarding offers have been compiled with the utmost care. Should it become evident that the information provided contains errors, then PFS has the right to correct these errors without being liable for damages in that respect. The use of the information referred to above on the part of the client, other than within the scope of the agreement concerned, is only allowed after obtaining the permission of PFS in writing.
3.2 PFS is to assume that the information and specifications as supplied to PFS by the client/other party is/are correct. PFS is not under any obligation to further investigate this information.
4.1 The agreement with PFS will not be valid until PFS has confirmed the order in writing.
5.1 The minimum order size is 1 items per complete packaging.an order of 1 unit will be deemed a sample order. One discount coupon can be requested per specific packaging for the order of a sample.
5.2 In order to receive a valid discount coupon, a sample order must first be placed and delivered against payment. When ordering this product with at least 25 pieces of the product, the cost of the sample order will be credited
5.3 Supply of all goods takes place at the delivery address indicated in the Netherlands, with the exception of the specific Dutch municipalities (the ABC Islands), Belgium, Great Britain, Ireland, Germany. Picking up of goods is not possible at PFSS.
5.4 The shipment will essentially take place per (UPS) post, unless a shipping agent or some other form of forwarding (ship, plane, etc) is required due to the magnitude of the order (per pallet) or the distance to the delivery address. PFS will co-ordinate the delivery with the client in these cases.
5.5 Shipments will essentially take place within approx. 2 to 4 working days following the written confirmation from PFS and payment on the part of the client. The term of delivery may however be longer depending on the type of order and the product (for technical reasons, for example, or if specific products are not in stock). PFS will indicate the status of the order upon request. The delivery times specified are never considered deadlines. If the lead time exceeds 30 days, the customer has the right to cancel the order.
5.6 The costs of shipment and/or transport are to be covered by the client. The price of the transport costs are displayed in your shopping basket.
5.7 Deviations in the numbers delivered are allowed up to a maximum of 3%. The client is under the obligation to purchase the access or to be satisfied with less.
6.1 The client is obligated to inspect the goods supplied for defects, shortcomings or damage immediately upon delivery. Any complaints are to be reported to PFS in writing within two (2) weeks after the delivery. Complaints that are not timely reported will not be taken into consideration. We preferably would like to receive one or a number of examples of flawed packages.
6.2 If the complaint is legitimate, then PFS will take back the items concerned in their original packaging and will ensure a speedy re-delivery or will credit the delivery.
7.1 Orders can be cancelled up until the time of forwarding and/or transport.
7.2 The customer, being a consumer, can return the delivered goods and cancel (annul) the contract for 14 calendar days after receipt of the order, without giving reasons. A consumer purchase which involves the following supply will be excluded from the right of withdrawal: products manufactured according to the consumer's specifications, which are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person. Products which are not suitable to be returned for health protection or hygiene reasons, and were the seal was broken after the delivery. Products that are irrevocably mixed with other things due to their nature, after delivery. A model withdrawal form can be downloaded from the PFSS website. The form is also presented by PFSS upon confirming the agreement. In that case, the customer pays the direct return costs of the shipment. The customer must return the shipment within 14 days after the cancellation. PFSS will refund the amounts paid after receipt of the return (minus the aforementioned cost of shipment/transport) within 14 days after the cancellation, provided the return shipment is received or the customer proves to have sent the shipment.
7.3 Supplementary to that stated in article 7.2, PFS is willing to exchange (empty) goods already supplied, such in consultation and solely at the discretion and approval of PFS, starting from the 15th day up to the 30th day after the delivery has been received, for other goods and/or to credit these goods if the client no longer has any use for them. The costs of forwarding and/or shipping will then be charged to the client. The goods are to be returned in good condition and in the original packaging.
8.1 Orders are to be paid in advance, we accept iDEAL (Visa, Mastercard, AmericanExpress, Maestro, iDEAL, Bancontact, Giropay, Sofortbanking, PayPal) or Bank Transfer. Orders are only sent once the payment has been made and received by PFSS.
8.2 If the payment is not made in advance, the invoice must be paid within 8 (eight) days after the invoice date, without discount or set-off, unless expressly agreed otherwise in writing.
8.3 If the customer, being a person acting as a business, fail to pay within 8 (eight) days after the invoice date, he shall be in default by operation of the law, without further notice of default being required, and the customer shall owe the legal commercial interest ex Article 6:119a of the Dutch Civil Code on the outstanding amount as from the 9th day after the invoice date. If the customer, being a consumer, fails to make a (timely) payment of the invoice, PFSS will send him a reminder/notice of default, and the customer will be given 14 days to still pay the amount due, with the notice that collection costs shall then become due. In that case, the customer shall also owe PFSS the legal interest on the outstanding amount, ex Article 6:119 of the Dutch Civil Code, starting from the 15th day after the invoice date.
8.4 The extrajudicial costs connected to the collection of a (partially) unpaid invoice are to be borne by the customer. This amounts to 10% of the principal amount, with a minimum of €40.00, (forty euros) unless the law prescribes a lower percentage/amount, in which case these costs will be calculated in accordance with the law.
9. All of the prices indicated are in Euro’s including VAT and excluding all other government levies. PFSS will clearly specify the price of the order in advance, before the customer places the final order. PFS is authorized to pass on any price increases to the client if these occur 3 months after the confirmation of the order that has been placed. Price increases may be the result of, for example: price increase of raw materials, costs of production, costs of transport, levies, and the like.
10.1 The packaging of PFS goods are mainly made of Polyethylene, Polyethylene terephthalate and/or Polypropylene. However, not all of the packaging is made of these materials.
10.2 PFS does not accept any responsibility for the filling materials used by the client. After all, PFS is not familiar with the composition of the products/filling materials that the client uses and cannot assess the tolerance of these products in relation to the packaging supplied by PFS. Upon request, PFS can make samples available to the client for the purpose of testing, with due observance of that stated in article 5 of these terms and conditions.
11.1 In the event of a delayed, incorrect or faulty delivery or in the event of defects in and/or on the goods supplied and/or the packaging, PFS is not in any way liable for any resulting damages, except in the case of an intentional act or deliberate recklessness on the part of PFS. The limitation of the liability of PFS provided for here also applies to the employees of PFS and/or assistants and/or manufacturers called upon by PR.
11.2. In the event that PFS is found to be liable and the exclusion of liability as described above is found not to be valid, then the contractual and/or out-of-contract liability of PFS will be limited to (in separate and from top to bottom):
• - the amount that can be recovered from third parties, assistants and/or manufacturers that have been called in; • - the amount that is paid out further to the liability insurance of PFS; • - a maximum in the amount of that which PFS has charged to the client for the goods in question;
11.3 A claim on the part of the client or a third party on the grounds of which PFS could be held liable for the goods supplied by this party, which also covers the product liability of PFS, will in any event expire after three (3) years have passed, starting from the day after the day upon which the aggrieved party became aware, or should have become aware, of the damages, the defect and the identity of the manufacturer.
12. The client is obligated to include an adequate product description and/or instructions for use with the goods purchased from PFS and the goods that the client supplies to third parties and filled goods, which also includes consumers. The lack of an adequate product description and/or instructions for use will in any event mean grounds for rejecting any liability on the part of PFS if the goods are supplied to a third party. The same applies (rejection of any liability) if the goods supplied are exposed to abnormal circumstances, overloading or any other causes that cannot be controlled by PFS, or if the damages are the result of improper use or an improper application.
13. The client indemnifies PFS against any and all claims on the part of third parties regarding goods and/or packaging supplied by PFS, as a result of which said third parties may suffer damages, irrespective of the cause of the damages or the time at which these come about.
Retention of title:
14. PFS reserves the right of ownership of all of the goods that it supplies to the client and/or that are supplied on its behalf until the purchase price of the goods concerned, increased by the forwarding and/or shipping costs, have been paid in full.
15. In the event that one or more provisions in these terms and conditions proves to be null and void, is annulled or proves to be invalid in some other way, either completely or partially, then the validity of the other provisions in these terms and conditions will remain intact. The provisions that are not legally binding or cannot be applied by law, will be replaced by provisions that most closely match the intent of the provisions to be replaced, following which parties shall enter into mutual consultation.
16. All of the agreements that are concluded under these terms and conditions are subject to Dutch law alone. The original Dutch text of these terms and conditions is binding and will prevail above any translations.
17. Disputes are to be heard by the competent court in Utrecht (due to the place of business of PFS). In the case of a delivery to a consumer, the consumer may opt to have the dispute submitted to the competent court in his/her place of domicile.