General & conditions
Contact information
B&C Sales BV
De Ruijterstraat 12
6651 ZH Druten
The Netherlands
Phone: +31 487 511 934
Email: info@zenntoys.com
Chamber of Commerce: 72065885
VAT Number: NL858971124B01
Payment information
Bank: Rabobank
Bank’s address: Van Heemstraweg 58
Zipcode: 6651 KH
City: Druten
Account holder: B&C Sales BV
Account number: 112745385
IBAN: NL27RABO0112745385
SWIFT: RABONL2U
Shipping information
Orders received before 15.00 hour are guaranteed to leave the same day. (when all items are indicated as being in stock)
All parcels will be shipped by UPS using their Standard Service. On request we can ship Express for urgent orders. UPS will not ship to a Post Office Box.
For pallet shipments we use Dachser Intelligent Logistics.
Shipping costs are being calculated based on the volume & weight of your order.
Once shipped you will receive an email with the tracking details.
Disclaimer
No rights can be derived from the information, prices, hyperlinks, images or video on this website and modifications are reserved. B&C Sales BV
General conditions
Article 1. Applicability
1. These general terms apply to all offers made B&C Sales B.V., hereinafter to be called: “B&C”, and to all contracts entered into by B&C or activities performed by B&C by any name. These terms particularly also apply to the contracts entered into by B&C for the supply of goods to B&C buyers.
2. Where these general terms refer to a “buyer” this refers to any natural person or corporate entity that is in a contractual relationship with B&C, including but not exclusively under a contract of purchase concluded with B&C . “Buyer” particularly also refers to the party on whose instructions and at whose expense goods are supplied.
3. Deviation from the provisions of these general terms is only and exclusively possible if and insofar as this has been agreed in writing.
4. General terms and conditions of parties other than B&C do not apply and are expressly rejected.
5. Where these general terms refer to “delivery (of goods)” this also refers to performing services and work of any kind.
Article 2. Quotes
1. All quotes from B&C must be viewed as invitations to the potential buyer to make an offer. Quotes therefore do not bind B&C in any way, unless the contrary is specified expressly and unambiguously (in writing) in the quote itself. The order given to B&C constitutes an offer which is not deemed to have been accepted by B&C (the so-called order confirmation) until after (written) confirmation from B&C .
2. All quotes from B&C are without commitment and can be revoked in any way, even after acceptance by the buyer. The order given to B&C must be revoked without delay.
3. B&C has the right to amend its prices, particularly if price changes are required under (statutory) regulations.
Article 3. Conclusion of contract
1. A contract with B&C is only concluded when B&C has accepted an order given to B&C . A contract is deemed to have been concluded as the moment when B&C sends the order confirmation.
2. The buyer is bound by its order, in whatever form it has been given to B&C , for a period of eight days following the date of the order or (if it is an order given verbally) after the order has been given. A statement by the buyer that the buyer wishes to cancel or amend its order issued during this eight day period can therefore not prevent a contract from being formed on the basis of the (original) order if B&C accepts/confirms the order within this eight day period.
3. The order confirmation sent to the buyer by B&C is deemed to show the contents of the concluded contract completely and correctly. The buyer is deemed to agree with the contents of the order confirmation from B&C unless it notifies B&C in writing that it does not agree with the contents within eight days of the date of the order confirmation.
4. Any additional agreements and/or undertakings made by B&C employees or made on behalf of B&C by other persons acting as agent will only bind B&C if these agreements and/or undertakings have been confirmed in writing by (a) director(s) authorized to represent B&C .
Article 4. Prices
1. B&C prices are quoted in euros and excluding VAT, excluding processing costs and dispatch costs and, unless express agreed otherwise in writing, excluding packaging, shipping costs and other costs.
2. The prices given in quotes, contracts and order confirmations are based on the cost factors in force at the time when the contract is concluded, such as exchange rates, manufacturers’ prices, prices of (raw) materials, wages and transport costs, insurance premiums, taxes, import duties and other government levies.
3. If one or more of the cost factors increases after the date on which the contract is concluded but before the date of delivery, B&C reserves the right to charge these increases on to the buyer. B&C also has the right to dissolve the contract in full or in part in such a case without the need for judicial intervention.
4. B&C can charge additional administration costs for contracts with a value of € 100,00 or less.
Article 5. Payment
1. Payment must be made without any deduction or discount in euros, unless agreed otherwise, in cash in the place where B&C is located or by transfer to a bank account designated by B&C , in both cases immediately after the delivery of the goods concerned, but in any case within fourteen days of the date of invoicing if delivery has been made in the Netherlands and within fourteen days if delivery has been made outside the Netherlands, all this unless expressly agreed otherwise in writing. In the event of payment through a bank or the date of crediting to the B&C bank account counts as the date of payment.
2. If the buyer is not included on B&C list of account holders, B&C will only make delivery if the invoice is paid in advance.
3. If the buyer fails to make payment (in full) on time, it is in default without the need of further notice of default. B&C then has the right, if and insofar as there is sufficient link to the buyer’s non-compliance, to suspend or terminate compliance with all B&C obligations with respect to the buyer, without prejudice to all B&C rights under common law.
4. B&C is also entitled to demand payment in cash before delivery of the goods or to demand a guarantee of timely payment for all deliveries still to be made. B&C is then also entitled to dissolve the contract without judicial intervention, whereby the buyer is then obliged to return the delivered goods or obliged to otherwise undo the performance provided by B&C , without prejudice to B&C entitlement to compensation. If the buyer fails to pay on time, the buyer will be required to pay B&C or B&C credit insurer interest equal to the statutory interest plus 1% per month from the due date until the date of complete payment calculated on the unpaid amount without the need for a further notification from B&C , which interest is payable immediately without further notice of default. All the costs associated with the collection of invoiced sums (including the extrajudicial collection costs) will be borne by debtor. The extrajudicial collection costs are at least 15% of the principal sum with a minimum of €500, all excluding value added tax. All the negative consequences of a declining exchange rate or otherwise resulting from late payment or non-payment will be borne by the buyer, even if the buyer had complied with its payment obligations in time under the provision in force in its country, but circumstances or measures outside its control meant that the transfer took place in a manner detrimental to B&C .
5. In accordance with Civil Code article 6:44 payments are first set against the costs specified in paragraph 3, then against the interest that has become payable and finally against the principal sum and the accruing interest.
6. If the buyer’s financial position deteriorates substantially after the contract is concluded but before delivery of the goods, B&C is entitled to refuse to fulfill the remainder of the contact in full or in part, or to demand a change in the terms of payment.
7. The seller can assign its claims arising from all transactions to a credit insurer of its choice.
Article 6. Delivery times
1. The delivery times specified by B&C commence on the day on which the contract is concluded, provided that all the information that B&C requires in order to carry out the order is in B&C possession. The delivery times specified by B&C can never be viewed as being of the essence, unless expressly agreed otherwise in the individual contract. In event of non-timely delivery B&C must therefore be given written notice of default. If – contrary to the above – a penalty for breaching the delivery time is expressly agreed in the individual contract, this is not payable if the breach of the delivery time is the result of the cases of force majeure specified in article 12 of these general terms.
2. Unless buyers arrange a shipper themselves, the goods will be dispatched by B&C in the manner which B&C deems beneficial using shippers chosen by B&C at the buyer’s expense and risk.
3. If a buyer asks for deliveries to be made in a manner other than the customary manner, B&C can charge the costs associated with this to the buyer.
4. If the delivery is made in parts, B&C has the right to treat every delivery as a separate transaction.
5. The buyer is obliged to take receipt of the purchased goods within the agreed time. In the absence of this B&C is entitled – at B&C discretion – to demand under the provisions of Civil Code article 6:60 that the competent court releases B&C from our obligation to supply the agreed goods or to demand payment of the purchase price for the part not taken without prior notice of default. If the buyer fails to abide by its payment obligation, B&C is entitled to dissolve the contract without judicial intervention.
Article 7. Orders
1. Orders can be placed in the following way:
– By phone on +31 (0)487 511 934
– By e-mail: info@zenntoys.com;
– Via the website: www.zenntoys.com;
2. All orders are dispatched to the address provided by the buyer.
3. If required B&C will dispatch orders to the buyer in discrete packaging.
4. B&C has the right to make use of third parties to carry out orders.
Article 8. Complaints and liability
1. The buyer guarantees the correctness and completeness of and is responsible for the information which the buyer has provided to B&C . With regard to the information provided in the quote of B&C or what forms part of it under article 2 paragraph 2, color accuracy etc. the buyer must make allowance for customary variations and minor changes in the goods supplied by B&C . More particularly this applies to variations in the contracted quantity and size; here too the buyer must make allowance for customary variations. The goods supplied by B&C may therefore deviate from the description in the order if and insofar as it relates to minor variations in size, variations in quantity and minor changes.
2. Complaints from the buyer relating to defects in goods which can be externally observed must be notified to B&C by the buyer within seven days of delivery. This must be done by means of a registered letter containing a clear and accurate description of the complaint and with details of the invoice on which the goods concerned have been invoiced. Buyer must carry out a careful and timely check.
3. Defects which cannot be externally observed at the time of delivery nor could be revealed by a careful and timely check must be notified to B&C by the buyer within seven days of them coming to light in the manner specified in paragraph 2.
4. B&C will summarize the contents of the image media for the buyer. This information relates particularly to age, type of film and running time.
5. The image media are checked by both B&C and the buyer for any damage upon collection from the showroom.
6. Delivered and used goods/products which have no defect or defects cannot be returned or exchanged.
7. Any right of claim which the buyer has against B&C with regard to defects in the goods supplied by B&C will lapse if:
a. the defects have not been notified to B&C within the period specified for this in paragraphs 2 and 3 above and/or in the manner specified there;
b. the buyer provides no/insufficient cooperation to B&C with regard to an investigation into the validity of the complaints;
c. the buyer has not set up, handled, used, stored or maintained the goods in the correct way or it has used or handled the goods under conditions or for purposes other than those anticipated by B&C ;
d. the use of the goods with regard to which the buyer has made complaints has continued;
e. The guarantee period specified in the individual contract has expired or, if there is no such period, the complaints are not made until more than six months has passed since the delivery time.
8. In disputes concerning the quality of the goods supplied by B&C an agency of good repute to be specified by B&C will make a binding judgment.
Article 9. Liability
1. In the event of complaints and if the validity of complaint concerning the quality has been upheld by B&C , B&C is only obliged – at B&C discretion – to:
a. repair defects (free of charge);
b. supply replacement goods or parts, after receiving the defective goods or parts;
c. refund the purchase price received/credit note for the invoice sent to the buyer with dissolution of the contract without judicial intervention, all insofar as the purchase sum, the invoice and the contract relate to the supplied defective goods;
d. pay compensation in a form other than described above in consultation with the buyer.
2. If the buyer has carried out/commissioned repairs and/or alterations to the goods without express and written prior permission, any guarantee obligation on B&C part will lapse.
3. Apart from any obligations on B&C part resulting from the above, B&C is never obliged to pay any compensation to the buyer or others unless there is intent or culpability on B&C part (by those whom B&C holds liable by demonstrable legal means). In particular B&C is also never liable for physical injuries, consequential loss or trading loss, direct or indirect loss by any name, including loss of profit and stoppage loss, suffered by the buyer, its subordinates and persons employed by it or third parties as a result of full or partial re(delivery) of goods, delayed or defective delivery or the failure to deliver goods or caused by the goods themselves.
4. The buyer is not entitled to return goods concerning which there is no justified complaint. If this is nonetheless done without valid reason, all the costs of the return shipping will be borne by buyer. In that case B&C is free to have the goods stored by third parties at the buyer’s risk and expense.
5. The buyer is obliged to indemnify B&C against all claims which third parties might make against B&C with regard to the execution of the contract insofar as the law does not prohibit the loss and costs resulting from these claims being borne by the buyer.
Article 10. Retention of title and surety
1. Goods supplied by B&C remain the property of B&C until the moment of full payment of everything which the buyer owes to B&C on the basis of, in connection with or as a result of the goods supplied by B&C . If B&C deems it necessary, B&C has the right to demand a surety from the buyer with regard to its compliance with its obligations.
2. The buyer does not have the right to pledge the unpaid goods, to establish a right of non-possessory lien on them or to establish any other right in rem or personal right on them for the benefit of a third party.
3. Without prejudice to the preceding provisions of this article, the buyer is permitted to sell the goods to third parties, but only as part of the buyer’s normal business activities. The buyer is then obliged to transfer the monies received to B&C without delay, or – if not sold for cash – to assign the claims acquired to B&C without delay.
4. If B&C right of ownership over the goods supplied by B&C is lost as a result of working or processing by the buyer, the buyer obliged to establish a right of non-possessory lien in favor of B&C on the goods created by the working or processing.
5. B&C is entitled at all times to take possession of the goods which are in the possession of the buyer (or third parties) but which are the property of B&C as soon as B&C can reasonably assume that there is a realistic possibility that the buyer will not comply with its obligations. The above does not affect the rights which B&C derives from common law. In particular B&C also reserves the right to claim compensation from the buyer after B&C takes possession of the goods.
6. The buyer is obliged to insure against the risk of fire and theft with regard to the goods which have not been paid for and to produce this insurance at B&C request.
Article 11. Force majeure
Force majeure refers to any circumstance outside B&C control which is of such a nature that compliance with the contract cannot reasonably be demanded of B&C (non-attributable shortcomings in the compliance). Force majeure includes: war, civil commotion and hostilities of any kind, blockade, boycott, natural disasters, epidemics, a shortage of raw materials, disruption and interruption of transport provisions, disruptions within B&C business, import and export restrictions or prohibitions, impediments caused by measures, laws or orders of international, national and regional (public) authorities. If B&C is unable to comply with its obligation to supply or is unable to comply properly or in time as a result of force majeure B&C is entitled to consider the contract or the part thereof that has not yet been executed as being dissolved or to suspend it for a specified or unspecified period, this at B&C discretion. In the event of force majeure the buyer cannot claim compensation from B&C .
Article 12. Personal and business information
B&C will never supply the buyer’s personal and business information to third parties unless required to do so (by law) or with the buyer’s express permission.
Article 13. Deviation and conflict with the law
1. B&C can demand strict compliance with these general terms at all times, even if deviation from these general terms has been expressly or silently permitted.
2. If a provision of these general terms conflicts with a statutory provision, this provision will be null and void. B&C will replace the provision.
Article 14. Applicable law
All quotes given by B&C and all contracts entered into by B&C are governed exclusively by Dutch law.
Article 15. Settlement of disputes
All disputes of any kind relating to/arising from contracts entered into by B&C and deliveries made by B&C will be settled by the competent court in the Netherlands.
