These General Conditions are applicable to all offers, orders and agreements of Dufarge, whilst excluding all possible other general conditions;
The acceptance of an offer and/or placing an order with Dufarge implies the acceptance by the buyer of the applicability of these General Conditions;
Deviations from these Conditions are only valid if done in writing, in which case the other stipulations remain in force unabridged;
All rights and claims laid down in these Conditions and possible further agreements in behalf of Dufarge, are also applicable to intermediaries and other third parties called in by Dufarge.
All offers made by Dufarge are without engagement and Dufarge explicitly reserves the right to alter prices, especially when this must be done in case of (legal) regulations and measures or alterations in the calculation or in the purchase-prices of Dufarge;
An agreement is only effective after final acceptance of buyer’s order by Dufarge. Dufarge is entitled to refuse orders or to put forward additional conditions, unless specifically otherwise stipulated. Dufarge will inform the ordering party soonest possible if an order cannot be accepted.
Prices and payments
The prices mentioned for the goods and services offered are quoted in Euros (€), VAT included and are exclusive of cost of handling, forwarding, possible taxes and other levies, unless otherwise mentioned or agreed upon in writing;
Payment by buyer must be made in advance through Paypal, unless otherwise agreed upon in writing.
The times of delivery stated by Dufarge are indicative only. Buyer has no right to indemnification of whichever nature or to cancel the order or agreement in case of exceeding the time of delivery, unless the delay in delivery is as such that buyer cannot reasonably be expected to maintain the agreement. In such case buyer is entitled to cancel the order if desired;
Delivery of the goods is effected on the place where and time when the goods are ready to be dispatched to the buyer;
The risks of loss of or damage to the goods contracted are for account of the buyer as soon as the goods have been actually and/or legally delivered and have consequently been brought under the authority of the buyer or third parties nominated by the buyer;
Dufarge recognises electronic communication and will not dispute the validity or legal effect of it, simply because of the fact that the communication is being done electronically.
Reservation of Ownership
The property of the goods delivered passes to the buyer only after the buyer has fulfilled all obligations towards Dufarge on the basis of the agreement concluded. The risks of loss of or damage to the goods passes to the buyer as described under Delivery.
Claims/complaints and liability
The buyer is obliged to check immediately upon delivery whether the goods delivered come up to the agreement. If this is not the case buyer has to inform Dufarge immediately and at any rate within 5 (five) working days after delivery in writing and well motivated;
If it is clear that the goods delivered do not come up to the agreement, Dufarge has the option to replace the goods after returning of same by the buyer, or to refund the invoice value;
If, for whichever reason, the buyer does not wish to keep the goods delivered, the buyer has the right to return the goods within 10 (ten) days after delivery, after having consulted with Dufarge. Goods returned will only be accepted by Dufarge if in undamaged condition and in the original packing. Cost of returning are for account of the buyer. The conditions as mentioned under Reservation of Ownership are also applicable to goods returned;
Returned goods must be stamped sufficiently and well packed in the original packing, addressed to Dufarge. Dufarge reserves the right to refuse insufficiently stamped or uncarefully packed goods. Dufarge will hold the buyer responsible for possible extra cost arisen by insufficient packing.
Dufarge is not responsible for misunderstanding, mutilations, delays or unclear receipt of orders and information as a result of the use of internet or any other mean of communication between the buyer and Dufarge, unless it is a matter of bad intent or gross fault committed by Dufarge.
In case of force majeure, Dufarge has the right and option to postpone the execution of orders, or to cancel the agreement without legal intervention, without prejudice as to possible other rights of Dufarge and without any indemnification to be paid by Dufarge. Such situation shall be informed to the buyer by Dufarge in writing as soon as the force majeure situation arises;
By force majeure is, amongst others, understood any shortcoming which cannot be attributed to Dufarge and/or its intermediaries and third parties and for which they cannot be blamed, neither by law, nor in accordance with common practice.
If one or more stipulations of these conditions or any other agreement with Dufarge would conflict with any applicable legal regulation, the relative stipulation shall be cancelled and shall be replaced by a new comparable and legally permissible regulation drawn up by Dufarge.
Applicable law and competent court
The Dutch Law is solely applicable to all rights, obligations, offers, orders and agreements under these General Conditions;
All disputes which cannot be settled amicably between parties, will be exclusively submitted to the competent court in the district where Dufarge has its head-office.
Dufarge complies with the Personal Identity Law. The information given to Dufarge through its website will not be passed on to others and will not be used for other purposes than processing orders and payments.
2e IJzerstraat 2
3024 CX Rotterdam
Chamber of Commerce
ING (Rotterdam, NL)