1. APPLICABILITY
These general terms and conditions apply to all quotations, agreements and the supply of services and goods by HotelPro Group B.V., and are deemed to have been accepted by the client upon entering into an agreement, even if the client refers to its own terms and conditions.
Any deviations from these terms and conditions are only binding if and insofar as they have been confirmed by us in writing.
If any provision of these terms and conditions is void or voidable, the remaining provisions shall remain in full force and effect.
We expressly reject all terms and conditions of the client, unless otherwise agreed in writing.
These terms and conditions shall also apply to repeated agreements, unless expressly agreed otherwise in writing.
2. COMMENCEMENT AND PERFORMANCE OF THE AGREEMENT
An agreement is concluded once we have confirmed the order in writing (by email or other means) or as soon as we have commenced performance of the agreement.
We reserve the right to refuse the agreement or to impose additional conditions, for example on the basis of creditworthiness.
3. PRICES
All prices are exclusive of VAT and other charges, unless expressly stated otherwise.
Prices are based on delivery “ex works” (from our premises) unless otherwise agreed.
We reserve the right to make price changes, for example in the event of increases in the cost of raw materials, labour costs or other circumstances.
In the event of price changes exceeding 15%, the client is entitled to cancel the order within 3 working days of being notified of the price change.
Packaging costs and costs for the use of pallets will be charged unless otherwise agreed in writing.
4. DELIVERY AND DELIVERY TIMES
Delivery dates are indicative only; no delay shall entitle the customer to terminate the contract or claim compensation.
If delivery is made on request or to specification, any unordered items may be cancelled without liability.
In the event of multiple deliveries, the delivery will be spread over the agreed period.
Upon delivery of rooms, facilities or services, the client will be informed of the terms of use and instructions that must be complied with.
We shall determine the carrier and method of dispatch, unless otherwise agreed in writing.
The applicable Incoterms are specified in the agreement.
Any damage caused in transit must be reported immediately upon receipt; otherwise, the delivery will be deemed to have been correct.
For orders below a minimum amount, delivery charges will be applied.
5. RETENTION OF TITLE
All services and goods supplied remain the property of HotelPro Group B.V. until all claims against the client have been settled in full.
Until ownership has been transferred, the client may not sell the goods or use them for purposes other than the normal course of business without written consent.
The client is obliged to store the goods separately and to mark them.
In the event of seizure or other claims by third parties, the client must inform us immediately.
The client is obliged to insure the goods and to pledge our claims against the insurer to us.
We are authorized at any time to reclaim the goods and/or gain access to the site for repair or repossession.
6. TERMINATION AND TERMINATION
We may dissolve the agreement if the principal fails to meet his obligations, goes bankrupt, or otherwise experiences financial difficulties.
Upon dissolution, we are entitled to claim full damages.
7. TECHNICAL REQUIREMENTS
If the goods or services are to be used outside the Netherlands, the client must inform us in advance of the technical requirements of the country of use.
Compliance with legal and technical requirements is at the client’s expense, unless otherwise agreed.
8. RISK
Delivery shall be “ex works” unless otherwise agreed.
The risk of error, damage or loss shall be borne by the client from the time of delivery.
9. COMPLAINTS
Complaints about visible defects upon receipt must be reported in writing within 24 hours, including photos if possible.
Other complaints about quality must be reported within 4 days of discovery, with description.
If reported in a timely manner, investigations will be made and, if justified, replacement or refund will follow.
Complaints do not release the client from the payment obligation.
10. Liability and warranty
Our warranty is limited to the services and goods delivered and applies only if all payment obligations have been fulfilled.
Our liability is limited to direct damages and to a maximum of the invoice amount of the delivery concerned.
We are not liable for consequential damages, immaterial damages or trading losses.
The warranty period is usually 2 years, unless otherwise stated.
Damage settlement takes place exclusively through replacement, repair or refund.
11. RETURNS
Returns are only allowed after prior written consent.
Return costs and risk are for the client, unless the return is due to our error.
Returns due to wrong order will be charged a cost of 15% and a minimum of €150 excluding VAT handled unless otherwise agreed in writing.
12. PAYMENT
Payment must be made within the agreed term, without discount or setoff.
If the term of payment is exceeded, we are entitled to charge statutory interest and costs.
Payments will be used first for costs and interest, then for outstanding invoices, in order of age.
In the event of late payment, we may suspend further performance of the agreement.
13. FORCE MAJEURE
Force majeure is defined as any non-attributable circumstance that temporarily or permanently prevents performance, such as war, strike, government measures, calamities, etc.
In the event of force majeure, we are entitled to dissolve the agreement in whole or in part without liability.
If we have already partially fulfilled the agreement, we may invoice for services already performed.
14. INTELLECTUAL PROPERTY
All copyrights, trademarks, designs and other intellectual property rights remain with us or our suppliers.
The client only acquires the right of use expressly granted in writing.
It is forbidden to reproduce or modify our trademarks, logos or designs without permission.
15. EXTRAJUDICIAL COSTS
In case of non-timely payment, we may charge the client the legal collection costs and any judicial costs.
The costs are determined according to the most recent guidelines of Dutch legal practice.
16. LAWS AND REGULATIONS
Our services and goods comply with applicable Dutch laws and regulations.
We will adjust delivery if changed legislation requires it, to the extent possible.
17. PRIVACY
We process personal data in accordance with the General Data Protection Regulation (GDPR) and our Privacy Statement.
18. APPLICABLE LAW AND DISPUTES.
These terms and conditions and all agreements are governed by Dutch law.
Disputes shall be settled exclusively by the competent court in Breda, the Netherlands.
