Terms and Conditions

General terms and conditions of:

BonCreations B.V.
Dalton Street 17
3335 LR Zwijndrecht

Registration number K.v.K. Rotterdam 606 794 84

VAT No. 854012606 B01

Article 1: Applicability, definitions

This conditions apply to all offers and to all agreements of purchase and sale of Boncreations B.V., established in Zwijndrecht, hereinafter referred to as name “Boncreations”.
The buyer will hereinafter referred to as “the other party”.
Under “in writing” in these general conditions means by letter, by e-mail, by fax or any other means of communication which, in view of the state of the art and socially accepted views can be equated with this be set.
The possible inapplicability of any (part of any) provision of these general conditions does not affect the applicability of the other provisions.
These general terms and conditions shall also apply to conditions arising from the agreement backorders or partial orders.
If Boncreations has already handed these general conditions to the other party several times stated there is a continuing business relationship. Boncreations need then not provide the general terms and conditions over and over again in order to make them available on following agreements to apply.

Article 2: Formation of agreements.

The Agreement is established after the Other Party has accepted the offer made by Boncreations. has accepted the offer, even if this acceptance is minor points differ from the offer. When the other party’s acceptance however, deviates from the offer in essential points, the agreement only if Boncreations expressly agrees in writing with this deviations has agreed.
If the The Other Party may, without Boncreations’ prior offer, make a order or places an order, Boncreations is first bound to this order or order bound after it has confirmed it to the other party in writing.
Boncreations shall be bound by oral agreements only after it has given them in writing to the Other Party or as soon as Boncreations – without objection from the other party – has begun to implement these agreements.
Additions on or changes to the general conditions or the agreement shall bind Boncreations only after they have been confirmed to the other party in writing.

Article 3: Offers, quotations, prices

All offers or quotations of Boncreations are without obligation unless they contain a include deadline for acceptance. If a quotation or offer is a non-binding offer and this offer is accepted by the other party, then Boncreations is entitled to accept the offer at the latest within 2 working days after receipt of acceptance to be revoked.
The in the offers, quotations, price lists and the like are exclusive of VAT and any ancillary costs, such as administrative costs and declarations of engaged third parties.
A composite quotation does not oblige Boncreations to deliver a part of the offer contained in this quotation at a corresponding portion of the price.
If the offer is based on data provided by the other party and these data appear to be incorrect or incomplete, or change afterwards, Boncreations is entitled to adjust the prices and/or delivery dates stated in the offer. fit.
Offers, offers and prices do not automatically apply to repeat orders and follow-up orders.
Shown and/or samples provided, statements of colors, weights and other descriptions in brochures, promotional materials and/or on Boncreations’ website are so accurately as possible, but are for indicative purposes only. To this, the other party does not derive any rights.
The in the samples mentioned in the previous paragraph remain the property of Boncreations and must be stored on on first request to Boncreations at the Other Party’s expense. returned.
If any between the date of the conclusion of the agreement and its execution (cost) price increasing circumstances occur for Boncreations as a result of laws and regulations, currency fluctuations or price changes at the by Boncreations engaged third parties or suppliers, etc., Boncreations shall be entitled to retain the agreed price accordingly and to increase it to the other party in charge.

Article 4: Engagement of third parties

If proper implementation of the agreement so requires, Boncreations has the right to make certain deliveries by third parties to perform. All this at the discretion of Boncreations.

Article 5: Obligations of the other party

The other party shall ensure that: a. he all for the execution of the agreement c.q. adequate advice necessary data in time on the by Boncreations desired manner to Boncreations; b. he provides Boncreations informed in a timely manner about the performance of the agreement or the advising relevant developments underway within his organization; c. Any data carriers provided to Boncreations by the Counterparty, electronic files etc. are free of viruses and/or defects.
The other party shall ensure, that the data provided by him are correct and complete and indemnifies Boncreations against third party claims arising from the incorrect and/or incomplete data.
Boncreations will keep the information provided by the other party confidential and Provide to third parties only to the extent necessary for performance of the agreement.
All by Boncreations delivered goods may be resold by the other party only in the original packaging originating from Boncreations. The other party may not make changes to the original packaging and should damage occurrence.
If not timely fulfillment of the obligations mentioned in this article, Boncreations is entitled to suspend the execution of the agreement or the advice until such time as the other party does fulfill its obligations. The costs associated with the delay incurred and other consequences arising from this arise are for the account and risk of the other party.
If the Counterparty fails to fulfill its obligations and Boncreations fails to perform of the Other Party to demand fulfillment, this shall affect Boncreations’ right to rely on still require performance at a later time not to.

Article 6: Delivery, terms of delivery

Agreed delivery dates can never be considered deadlines. Should Boncreations fail to fulfill its delivery obligations under the agreement or fail to do so in a timely manner, it shall be given written notice of default by the other party, whereby it shall still be granted a reasonable period to still fulfill its delivery obligations.
Boncreations is entitled to deliver in parts, whereby each partial delivery may be invoiced separately by Boncreations.
The risk regarding the goods delivered shall pass to the other party at the time of delivery. The time of delivery in these general terms and conditions means: a. in the case of delivery within the Netherlands: the moment at which the goods to be delivered are actually available to the other party; b. in case of delivery outside the Netherlands: the moment when the goods to be delivered leave the Boncreations premises or warehouse.
Dispatch or transport of goods to be delivered within the Netherlands shall take place in a manner to be determined by Boncreations. Boncreations has not taken out transport insurance for deliveries within the Netherlands. Shipping is at the expense and risk of the other party.
Dispatch or transport of goods to be delivered outside the Netherlands shall take place in a manner to be determined by Boncreations, but at the expense and risk of the Other Party. Boncreations shall not be liable for any damage, of whatever nature – whether or not to the goods themselves – related to the shipment or transport.
If, due to a cause situated within the sphere of risk of the Other Party, it proves impossible to deliver the goods (in the agreed manner) to the Other Party or if the goods are not collected, Boncreations shall be entitled to store the goods at the expense and risk of the Other Party. Unless Boncreations has expressly set a different period in writing, the Other Party shall enable Boncreations to deliver the goods within 1 month after notification of the storage or the Other Party shall collect the goods within this period.
If the other party remains in default of his obligation to take delivery after the expiration of the period mentioned in paragraph 6 of this article, he shall immediately be in default. Boncreations shall then be entitled to dissolve the agreement in whole or in part with immediate effect, without judicial intervention, by written notice, and to sell the goods to third parties. The foregoing shall not result in any obligation for Boncreations to compensate for damages, costs and interest.
The foregoing shall not affect the other party’s obligation to compensate for any (storage) costs, delay damage, transport costs, loss of profit or other damage.
Boncreations cannot be obliged to start the delivery of the goods earlier than after it has received all necessary data and any agreed (advance) payment from the Other Party. If this causes a delay, the delivery times shall be extended proportionately.

Article 7: Packaging

If the items are delivered by Boncreations in packaging or on a pallet that is intended to be used multiple times, the packaging or pallet remains Property of Boncreations. This packaging or pallet may be used by the other party not be used for other purposes, than for which it is intended.
Boncreations is entitled to charge the other party for this packaging or pallet. charge.
If the packaging or the pallet is damaged, incomplete or lost, then the other party for these damages. Boncreations may use the packaging or pallet then charge the other party at cost.
If packaging is intended to be used only once, Boncreations does not have to use the packaging not to take back and is entitled to take back this packaging at the other party to leave behind. Any costs for disposal of these packaging shall then be for the account of the other party.

Article 8: Complaints and returns

When ordering online through the webshop, a return period of 14 days after receipt of the goods applies, this applies only to unopened products and / or packaging that is not damaged and / or used. The aforementioned return right does not apply to the colored products, these are specifically made by Boncreations BV for you on color.
The other party is obliged to check the goods delivered immediately upon receipt and to report any visible defects, damage and/or discrepancies in numbers on the waybill or accompanying receipt, as the case may be. In the absence of a waybill or accompanying receipt, the Other Party shall report the defects, damages, etc. to Boncreations BV in writing within 24 hours of receipt of the goods.
Other complaints must be reported in writing to Boncreations immediately after discovery – but at the latest within the agreed warranty period. All consequences of not reporting immediately are at the risk of the other party. If no explicit warranty period has been agreed upon, a period of 3 months after delivery shall apply.
If a complaint has not been reported to Boncreations within the periods specified in the preceding paragraphs, the items shall be deemed to have been received in good condition and to comply with the agreement. In that case, no appeal is possible to an agreed warranty.
Items ordered shall be delivered in the (wholesale) packaging in stock at Boncreations. Minor deviations accepted in the branch with regard to specified weights, quantities, colors, etc., shall not be regarded as a shortcoming on the part of Boncreations. No warranty claims are possible here.
Complaints do not suspend the other party’s payment obligation.
The Counterparty shall enable Boncreations to investigate the complaint and, within this framework, to provide Boncreations with all information relevant to the complaint. If the investigation of the complaint requires the return of the item, or if it is necessary for Boncreations to come and investigate the complaint on site, the costs involved in this shall be at the expense and risk of the Counterparty, unless the complaint subsequently proves to be well-founded.
In all cases, returns shall be made in a manner to be determined by Boncreations and in the original packaging.
No complaints are possible with regard to discoloration and minor interrelated color deviations.
No complaints are possible regarding items that have changed in nature and/or composition after receipt by the other party, or have been fully or partially processed or are no longer in their original packaging.

Article 9: Warranties

Boncreations will ensure that the agreed deliveries are made properly and in accordance with the standards applicable in its industry are implemented, but indicates with respect to these deliveries never a further warranty than as expressly agreed between parties was agreed upon.
Boncreations provides 3 years descending warranty on the products supplied.^1st year 100%,^2nd year 66% and^3rd year 33% warranty. The guarantee does not apply to perishable products and does not apply to defects related to With non-designated use by customer and/or defects due to external causes. Boncreations makes that plausible.
Boncreations guarantees the usual normal quality during the warranty period and soundness of what is delivered.
If for the items supplied by Boncreations by the manufacturer or supplier a warranty has been issued, that guarantee will apply equally between the parties. Boncreations shall inform the other party in this regard.
If Boncreations for the production of the goods raw materials or materials of involves third parties, Boncreations shall rely on the conduct and properties of these raw materials or materials on the data provided by the manufacturer or the supplier of those raw materials or materials to Boncreations have been provided. If for the supplied raw materials c.q. materials is warranted by the manufacturer or supplier, that guarantee apply equally between the parties. Boncreations will be the inform the other party about this.
Boncreations does not guarantee and shall never be deemed to have guaranteed that the delivered goods are suitable for the purpose for which the other party wishes to use them edit, process, cause to be used or used, unless they expressly confirmed in writing to the other party.
In case by the other party is rightfully invoked under the warranty provisions, the Boncreations shall replace the item free of charge or provide a refund. of or a reduction in the agreed purchase price. All at the discretion of Boncreations. If there is collateral damage, this is subject to the Provisions of the terms and conditions contained in these general liability article.

Article 10: Liability

Outside the explicitly agreed upon or given by Boncreations, Boncreations accepts no liability whatsoever.
Unabated the provisions of paragraph 1 of this article, Boncreations shall only be liable for direct damages. Any liability of Boncreations for consequential damages, such as business interruption, loss of profits and/or losses suffered, delay damages and/or personal or personal injury damages, is expressly excluded.
The other party is obliged to take all those measures necessary to prevent or damage limitation.
The other party cannot derive any rights from advice, information, etc. which he receives from Boncreations received that are not directly related to the implementation of the agreement.
If Boncreations liable for damages suffered by the other party, the compensation obligation of Boncreations at all times limited to a maximum of the amount paid out by its insurer in the appropriate case. In case the insurer of Boncreations does not pay or the damage does not fall under insurance taken out by Boncreations, the obligation to pay compensation is of Boncreations limited to a maximum of the invoice amount for the delivered business.
The other party Boncreations must, at the latest within 3 months of becoming aware of c.q. could have known of the damage suffered by him for this speaking.
The other party cannot invoke the warranty, nor Boncreations on any other grounds liable if the damage occurred: a. due to improper use or use contrary to the intended purpose of the delivery or contrary to the instructions, advice provided by or on behalf of Boncreations, instructions for use, package inserts, etc.; b. due to improper storage (storage) of the items delivered; c. due to errors or omissions in the information provided by or on behalf of the Counterparty provided to Boncreations; d. by instructions or instructions by or on behalf of the other party; e. due to the fact that by or on behalf of the other party have performed operations on the delivered goods, without explicit prior consent of Boncreations.
The other party is fully liable in the cases listed in paragraph 7 of this article for all resulting damages and expressly indemnifies Boncreations for all third-party claims for compensation for these damages.
The in this Article included limitations of liability do not apply if the damage is due to intent and/or conscious recklessness on the part of Boncreations or his managerial staff at the executive level or if mandatory legal legal provisions oppose this. Only in these cases Boncreations shall indemnify the Other Party against any claims from third parties towards the other party.

Article 11: Payment

Boncreations is at all times entitled to make (partial) prepayment or any other require security for payment from the other party.
Payment should within a due date of 14 days from the invoice date, unless parties have expressly agreed otherwise in writing. In doing so, it states determine the accuracy of an invoice if the other party fails to submit an invoice within this payment deadline objected.
If a invoice after the expiry of the period referred to in paragraph 2 is not complete paid, Boncreations shall be entitled to charge the Other Party default interest in the amount of amount of 2% per month to be charged, cumulatively, on the principal sum. Portions of a month are counted as full months for this purpose.
If after payment is still not made, Boncreations is obliged to pay the amount due. is also entitled to charge the other party extrajudicial collection costs. charge.
The in paragraph 4 said extrajudicial collection costs amount to for claims with a principal amount of up to _ 25,000.00: a. 15% of the amount of the principal over the first _ 2,500.00 of the claim (with a minimum of _ 40.00); b. 10% of the amount of the principal on the next _ 2,500.00 of the claim; c. 5% of the amount of principal over the next _ 5,000.00 of the claim; d. 1% of the amount of principal over the next _ 15,000.00 of the claim.
If the principal sum exceeds _ 25,000.00, Boncreations shall be entitled to pay the other party over the first _ 25,000.00 extrajudicial collection costs to be calculated in accordance with paragraph 5 of this article and for the excess extrajudicial collection costs in the amount of 10% of that excess to the other party to be charged.
For the calculation of extrajudicial collection costs, Boncreations is entitled to After the lapse of 1 year, increase the principal amount of the claim by the amount specified in that year in accordance with paragraph 3 of this article cumulatively accrued default interest.
In the absence of of full payment by the Counterparty, Boncreations shall be entitled to retain the agreement without further notice or judicial intervention by means of a written statement to dissolve or terminate its obligations under the suspend the agreement until payment has been made or the other party has provided proper security for this purpose. Said right of suspension Boncreations is also entitled if, even before the Other Party is in default with the payment has legitimate reasons to doubt the creditworthiness of the other party to doubt.
By the Counterparty payments made by Boncreations shall first be deducted by be applied to all interest and costs due and then to the due and payable invoices that have been outstanding the longest, unless the other party upon payment expressly states in writing that the satisfaction relates to a later invoice.
The Counterparty shall not be entitled to claims of Boncreations offset against any counterclaims it may have against Boncreations. This also applies if the other party is granted (provisional) suspension of payment files for or is declared bankrupt.

Article 12: Retention of title

Boncreations retains ownership of all goods delivered and to be delivered under the agreement. deliver goods for until the time when the other party meets all its payment obligations to Boncreations.
The in paragraph 1 said payment obligations consist of paying the purchase price of the goods delivered and to be delivered, plus claims in respect of work performed in connection with the delivery and claims due to attributable failure of the other party to fulfill its obligations, including the payment of damages, extrajudicial collection costs, interest and any penalties.
If it is the delivery of identical, non-individualizable items is always the batch of items belonging to the oldest invoices shall be deemed to be first sold. In any case, therefore, retention of title always rests on all Delivered goods that were located at the time the retention of title was invoked still in the other party’s stock, store and/or contents.
Matters on which a retention of title, may only be used by the other party in the context of be resold in the ordinary course of business.
As long as on the delivered is subject to a retention of title, the other party is not entitled pledge these items in any way or place them in the effective control of a financier to bring.
The other party is obliged to immediately inform Boncreations in writing if third parties claim to have ownership or other rights to the items on which a retention of title.
The other party is obliged to keep the items subject to retention of title until the time on which he has fulfilled all his payment obligations to Boncreations met carefully and as identifiable property of Boncreations to be preserve.
The other party shall arrange for such business insurance c.q. contents insurance, that the items delivered under retention of title are at all times co-insured, and Boncreations will, at its first request Provide access to the insurance policy and the accompanying premium payment receipts.
If the Counterparty acts in violation of the provisions of this article or Boncreations invoke the retention of title, Boncreations and its employees the irrevocable right to enter the other party’s premises. enter and take back the items delivered under retention of title. One and Other without prejudice to Boncreations’ right to compensation for damages, lost profits and interest and the right to terminate the agreement without further notice of default, by written declaration.

Article 13: Intellectual property rights

Boncreations is and will remain the owner of all intellectual property rights that are rest upon, arise out of, relate to and/or belong to the by Boncreations items delivered under the agreement. All this, unless the parties expressly agreed otherwise in writing.
The exercise of the rights listed in paragraph 1 of this article is, both during and after completion of the execution of the agreement, expressly and exclusively to Boncreations caveats.
The other party vouches that all the information to be provided by him to Boncreations or the data provided do not infringe copyright or any other intellectual property rights of third parties. The other party shall be liable for any damages suffered by Boncreations as a result of such breaches and indemnifies Boncreations for claims by these third parties.

Article 14: Bankruptcy, disposition, etc.

Unabated the provisions of the other articles of these general conditions, Boncreations is entitled to terminate the agreement, without further notice of default and without judicial intervention, by written notice to the other party, at the time when the other party: a. competent is declared bankrupt or a petition for his bankruptcy is done; b. applies for (provisional) suspension of payments; c. by executory seized; d. is placed under guardianship or receivership; e. otherwise lose the power of disposition or legal capacity with loses access to all or parts of his assets.
The amount specified in paragraph 1 of this article shall apply unless the receiver or the administrator’s obligations under the agreement as acknowledges estate debt.
The other party is at all times obliged to notify the trustee or administrator of the state the (content of the) agreement and these general terms and conditions.

Article 15: Force majeure

In case there There is force majeure on the part of the Other Party or Boncreations, Boncreations is entitled to terminate the agreement, without judicial intervention, by means of a written notice to the other party or the performance of suspend its obligations to the other party for a reasonable period of time suspend without being liable for any compensation.
Under force majeure on the part of Boncreations shall, within the framework of these general conditions means a non-attributable failure on the part of Boncreations, of the third parties or suppliers it engages or other weighty reasons on the part of Boncreations.
As circumstances in which there will be force majeure will include, but are not limited to: war, riots, mobilization, domestic and foreign disturbances, government actions, strikes within the organization of Boncreations and/or the other party or threat of these etc. circumstances, disruption of the at the time of the conclusion of the contract existing currency relations, lack of raw materials, business disruptions due to fire, burglary, sabotage, natural phenomena etc. as well as due to weather conditions, road blocks, accident etc. arising transportation difficulties and delivery problems.
In case there there is force majeure, Boncreations is entitled to dissolve the agreement or fulfill its obligations to the other party for a reasonable time without being liable to pay any damages. are.

Article 16: Cancellation, suspension

In case the other party to the agreement prior to or during its performance wishes to cancel, he shall be liable to Boncreations for an amount to be specified by Boncreations. determine compensation. Such compensation shall include all damages already costs incurred by Boncreations and its loss suffered as a result of the cancellation including lost profits. Boncreations is entitled to the aforementioned fix damages and – at its option and depending on the already deliveries made – 20 to 100% of the agreed price at the other party to be charged.
The other party is liable to the third parties for the consequences of the cancellation and shall Boncreations indemnify for resulting claims by these third parties.
Boncreations is entitled to offset all amounts already paid by the other party with the compensation owed by the other party.
In case of suspension of the agreed deliveries at the request of the other party are all at that moment incurred is immediately due and payable and Boncreations is entitled to claim these at charge the other party. Boncreations is additionally entitled to All costs incurred or incurred during the suspension period at the other party to be charged.
In case the performance of the agreement after the agreed suspension duration cannot be resumed, Boncreations shall be entitled, without judicial intervention, by means of a written statement to the other party to dissolve. In case the performance of the agreement after the agreed suspension period is resumed, the other party shall be obliged to pay any arising from this resumption resulting from Boncreations’ expenses.

Article 17: Applicable law/authority right

On the between Boncreations and the other party is exclusively governed by Dutch law. application.
Possible disputes shall be settled by the competent court in the place where Boncreations is located, albeit that Boncreations always retains the authority to change the dispute to the competent court in the place where the other party is located.

If the Other Party is established outside the Netherlands, Boncreations shall be entitled to act in accordance with the provisions of paragraph 2 of this article or – at its discretion – to bring the disputes before the competent court in the country or state where the Other Party is established.

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