GENERAL TERMS AND CONDITIONS CERAMICNATURE

From 1-1-2019

 

We only supply to retail / wholesale. We unfortunately do not deliver to private individuals, but we can refer individuals to our partners!

Our Partners are always ready for you everywhere!

 

Article 1. Identity of the entrepreneur.

1. We are ‘CeramicNature’. You will come to us via CeramicNature.com. We are also ZissAqua.eu, ZissAqua.nl, ZissAqua.de and ZissAqua.fr.

 

2. You can also reach us like this:

Call: +31 (0) 23 205 23 57

Contact e-mail: [email protected] or [email protected]

Administration email: [email protected]

Whatsapp: +31 23 205 23 57

Drop by: Westerduinweg 32

1976Bv IJmuiden

 

Writing: Westerduinweg 32

1976Bv IJmuiden

 

Follow: Instagram.com/ceramicnature_

Become a friend: Facebook.com/ceramicnature

 

3. We can be reached by phone 5 days a week:

Monday to Friday from 9:00 to 18:00

Saturday and Sunday we are unfortunately not available by phone, but you can always email us or Whatsappen.

 

4. And for those who love too long songs:

This is our Chamber of Commerce number: 67 56 91 53

This is our VAT identification number: NL002343890B41

 

 

Article 2. Definitions.

We have tried to keep our terms and conditions as simple and clear as possible. So it is not necessary to bother you with all the difficult definitions. But quite nice.

 

1. Customer. King.
2. Specialism. Our specialty.
3. Service. Our obsession.
4. Unique. What we are.
5. Customer: Any natural or legal person who for whatever reason from his profession or company ordered something at CeramicNature.
6. Partner: Any natural or legal person approved for the partnership with CeramicNature.
7. Products: All goods sold by CeramicNature.
8. Services: All services that CeramicNature offers via the website.
9. The website (s): The websites and / or trade names that are jointly or separately managed by CeramicNature and registered by us at the Chamber of Commerce.
10. Day: Just, a calendar day.

 

Article 3. Applicability.

1. These General Terms and Conditions for Business (“Terms and Conditions”) apply exclusively to and part of any CeramicNature offer and to any agreement between you and us.
2. In addition to these General Terms and Conditions, additional conditions may apply to certain products and services. Naturally, we will indicate this neatly. Are there differences between the general and additional conditions? Then you can start from the additions. Unless we indicate otherwise of course.
3. The customer can only deviate from one or more provisions if we both agree with this. We immediately put that in black and white. Very handy.
4. The General Terms and Conditions of the customer do not apply. Unless we indicate that this is true.
5. CeramicNature may change or supplement the General Conditions at any time for future orders. Of course we let you know this within a reasonable time, we think that is so neat. The amended terms and conditions are binding from the date we specify.
6. Would you like to read the General Terms and Conditions again? We understand that. That is why you can always request them for free. Send an e-mail to [email protected] or visit our website (s).
7. By using our websites or placing an order, you agree to the General Terms and Conditions. This also means that you agree with all rights and obligations as stated on our website.
8. These General Terms and Conditions apply only to business customers.

 

Article 4. Quotations and offers.

1. All our quotations and offers are without obligation. Except if we have set a deadline for acceptance in the offer. A quotation or offer automatically expires when we no longer offer the ordered product or service. Do you not sign the quotation within 14 days? Even then it will expire. An offer is one-off. For future agreements you cannot therefore assume the same agreements.
2. If there are errors in the quotation as a result of a mistake or error, you cannot pin us down on it. Sorry mistake!
3. All prices in a quote or offer are exclusive of VAT. Other government levies and the costs that come on top of the quotation are also excluded. By that we mean travel, shipping and administrative costs: they are not included. Unless we indicate otherwise of course.
4. Do you not agree with all parts in the quotation? Then we have no agreement. Unless we indicate that it is.
5. We do not like half work, so we do not meet part of the agreement at a part of the agreed price. Offers or quotations also do not automatically apply to future orders.
6. We put everything in black and white, so our agreements are only made in writing.
7. The photos on the website largely correspond to our services and products. Does an image or characteristic still differ from the actual product? Then we are not liable.
8. Unfortunately, you cannot return products or product quantities that have been purchased specifically for an order.
9. Do we deliver on account? Then we assume that you keep us informed about material changes at the Chamber of Commerce or your group structure and financial position.
10. We do not always say why we refuse an order or order. That is why we also find a reason.

 

Article 5. Delivery: deadlines, execution and modification.

1. Customer is king. That is why we naturally take care of receiving, delivering and executing orders. And with your assessment of requests for services, we always deal seriously. Promised.
2. We will process your application within 1 day of receiving an order confirmation.
3. We ship the order to order confirmation to the address you provided when you placed the order. This can be done via the website, on the quotation or on the order order.
4. We deliver orders that are in stock as quickly as possible. Is the delivery delayed, or can we deliver the order partially or not at all? Then we will let you know this as soon as possible and you can cancel the order without additional costs.
5. We do everything to always deliver within the delivery period. Sometimes unfortunately this does not work. The terms that we have set in the agreement are therefore without obligation. Can we not meet this? Then this does not entitle you to dissolve the agreement. If we think that we do not meet the delivery deadline, we will of course inform you as soon as possible and together we will look for a solution.
6. Would you like your order to be delivered in a different way than via our delivery options and couriers? No problem. The shipping costs are in that case for your own account.
7. Sometimes we cannot deliver your entire order in one go. Fortunately, in such a case we have the right to deliver services or products in different parts.
8. Is there a deviation in delivery, quantities or specifications? Together we will come to a solution. In that case you still have to pay the invoice.
9. As a customer, do you refuse products or services, or do you not fulfil your delivery agreement? We find that a shame. In that case, CeramicNature has the right to terminate the agreement with immediate effect. Or to dispose of the products directly. The damage and / or costs incurred by this situation can be recovered from the customer. Think of transport costs and storage costs.
10. For our distribution partners money that all deliveries are ex works.
11. Did we deliver the order or have it delivered to the address you provided and did you for whatever reason not be able to receive it and send it back? Then the shipping costs incurred, any damage to the package and other costs incurred are for your account.

 

Article 6. Contract duration, suspension, dissolution and (interim) cancellation of the agreement

1. From CeramicNature we can always postpone the delivery or terminate the contract, at a time that we want. We do not pay compensation in that case. Of course we do not just do this, but can occur if:
2. You fail to comply with the obligations under the agreement, or do not comply fully or on time.
3. We think after the conclusion of the agreement that you cannot meet your obligations.
4. You have been asked to demonstrate that you can meet your obligations under the agreement, but we have no or insufficient proof of this.
5. Due to delays on your part, we can no longer comply with the agreements made.
6. CeramicNature may also terminate the agreement with immediate effect if it is impossible for CeramicNature to deliver.
7. Will the agreement be dissolved? Then we can immediately claim our claims. We retain our claims as set out in the Law and in our agreement.
8. Do we have an agreement for an indefinite period? Then we can cancel the contract with a notice period of 30 days. But of course you can. Unless we have agreed otherwise in advance. If we have a contract for a certain period of time, only CeramicNature can cancel, with a notice period of 14 days.
9. If we terminate the agreement prematurely, we will of course discuss the tasks yet to be performed. Is the cancellation due to you? Then the costs are for your account.
10. We hope not, but it can happen that you end up in heavy weather. Think of liquidation, (application for) suspension of payments or bankruptcy, seizure, debt repayment or any other circumstance as a result of which you no longer have your assets freely. In such a case, we may terminate our agreement with you immediately or cancel an order or agreement. We are not obliged to pay you or pay compensation or compensation. Our claims against you are immediately due and payable in such a case.
11. Do you cancel (partially) a placed order? Then we will charge you for the ordered or prepared products. This also includes any disposal and delivery costs and the reserved working time. Unless a situation has occurred as described in article 5.4.

 

Article 7. Payment and collection costs

1. We expect your payment within the term we have indicated. And in the currency we have billed. Are they euros? Then unfortunately it will not work with dollars. CeramicNature can invoice per delivery or order and change the payment term. This may also mean that we pre-set a payment.
2. Do you not pay the invoice on time? Then we see that as a default and you owe us 8% interest per year. Unless the statutory commercial interest rate is higher, in that case you have to pay it. We calculate the interest on the amount due from the moment you are in default until you have paid the amount. The amount of outstanding invoices is also increased by a fixed fee of 15% of the outstanding amounts with a minimum of € 50 per unpaid invoice. In addition, CeramicNature can also claim the actual damage and costs incurred.
3. Are we owed an amount to you? Then we may settle this with any amount that we still owe you. Unfortunately, this is not possible.
4. Do you object to the amount of an invoice? Then you still have to pay as long as we have not left yet.
5. Do you not or do not meet your obligations in time? Then all costs that we incur to get the amount will be at your expense. Also the possible judicial costs, if for example we need a lawyer for this.
6. Ordering on account? Which can. But only with our approval. We set the payment term. We can change this when we want, this also includes the setting up of payment in advance.
7. We may examine your creditworthiness at any time. Of course, we always comply with the law. Based on the outcome of such an investigation, we can impose additional conditions on you. Think, for example, of bank guarantees.
8. CeramicNature may change credits and payments on account afterwards. We do not have to give a reason for this. Buying on credit
9. If you are allowed to order from CeramicNature on account, you use the identifying means assigned to you, such as account name, password or other codes, for each order.
10. CeramicNature is never liable for loss, theft, misuse or misuse of these identifiers. You report this immediately to CeramicNature.
11. You know that CeramicNature cannot guarantee the security of the internet, however much we would like to. You also know that there is a possibility that data that you send to us with an identifier can be collected and falsified by others.
12. All prices are in euros and are exclusive of sales tax and other levies imposed by the government. Any special extra costs relating to the import and / or customs clearance of goods to be delivered to the customer by CeramicNature are not included in the price and are therefore at the expense of the customer.

 

Article 8. Retention of title

1. The products we supply to you remain ours until you have fulfilled all agreements we have made. Think of the payment, interest or other costs.
2. Is a product that we have delivered subject to retention of title? Then you may not resell this product or use it as a payment method. You may not also issue it as collateral or have another right to a product.
3. We assume that you, as a customer, make every effort to secure the ownership rights of CeramicNature. This means that you keep the products that are subject to retention of title in such a way that they are still recognizable from CeramicNature. In this case, you may not remove, damage or obscure identification marks on the product or the packaging.
4. If, for whatever reason, your assets or products that we supply under retention of title have been seized, you as a customer must inform us of this. Can you not meet your payment obligations? Then you are obliged to return the products that are still ours to us at our own expense.
5. Do you have products managed by CeramicNature? Then you are obliged to insure them against fire, theft, explosion and water damage. We also want to see the policy for certainty. With a payment of the insurance, we are entitled to our pennies. And if necessary, we naturally expect you to cooperate.
6. If we want to use the property rights that we have explained in this article, then we expect to get permission from you. This includes telling us where the products are and giving us access to that place.

 

Article 9. Guarantees, research and complaint period

1. All products we supply to you work as you may reasonably expect. As long as you use them for what they are meant to be, of course. The warranty that we explain in this article applies to products that are used in Europe. Do you use the products outside of Europe? Then we can offer different guarantee and other conditions.
2. The warranty we mention in this article is the manufacturer’s warranty that the manufacturer of the product provides. Unless we have agreed something else together.
3. Are you using the product in the wrong way? Then the warranty will expire. This also applies if you use the product after the expiration date, store it incorrectly or does not properly maintain. Even if there are circumstances that we have no influence on, we can unfortunately not offer you a guarantee. Think for example of extreme weather conditions.
4. We expect from you as a customer that you examine the products that we bring to you, to see if everything we have agreed is correct.
5. Are there visible defects in the products that you receive from us? Then you must notify us within 3 working days. Please do this in writing and as detailed as possible. Non visible defects must be communicated in writing within 5 working days. Do not you do this? Unfortunately this is no longer possible at a later date.
6. Report a lack of your product (s) on time? Then you still have to pay. Of course we will do everything we can to solve the problem. Do you not make a timely report? Then we assume that you accept the products.
7. Is your report too late? Unfortunately. Then you are no longer entitled to recovery, replacement or compensation.
8. Do we agree that your product does not work as you would expect and did you report this in time? Then we will replace the returned product as soon as possible after we have received the return shipment. If we cannot replace or repair the product, you will receive compensation from us.
9. Does your complaint prove unfounded? Then the costs that we have incurred for research are for your account.
10. If the warranty period has expired, all costs for repair or replacement are for the customer. This also applies to administration, shipping and call-out charges.
11. Have we made or purchased a product or material especially for you? Then we will never take this back.
12. If you have caused damage to a returned product yourself, we will not return it. You will have to pay the costs associated with this. A return shipment must be in the same condition as we have delivered the product. All products with seal or blitzer packaging may only be returned unopened. These products will of course be taken back if the shortcoming of the product only becomes visible after opening the packaging.

 

Article 10. Liability

1. Do we not meet the agreements we have made together? Then our liability is limited as we have indicated in this article.
2. Did you share incorrect or incomplete information with us? Then we are not liable if this causes damage.
3. In all cases our liability is never higher than the invoice value of the part of the order that we are liable for.
4. And our liability is never higher than the amount paid by the insurer in that specific case.
5. We are only liable for direct damage.
6. What that is, direct damage? You can think of the reasonable costs to determine the cause and extent of the damage. Or the costs you incur in order to have our defective performance meet the agreement or the costs you incur in order to prevent or limit damage. This only applies if you demonstrate that these costs have led to limitation of direct damage.
7. We are never liable for indirect damage. With indirect damage you can think of lost profit, loss of goodwill, reputation, trade or contracts, missed savings and damage due to business stagnation.
8. Are you insured yourself against the damage you have incurred? Then we are not liable.
9. Did we intentionally cause the damage or were we consciously careless? Then we are liable for damage.

 

Article 11. Risk transition

1. From the moment that we have delivered the products or services, CeramicNature is no longer at risk. The risk is from that moment for you.
2. Can the delivery of the products not take place and is that your fault? Then you bear the risk. This applies from the original delivery date as we have communicated it to you.
3. Have we delivered the products or services to the address you provided? Then we no longer run a risk.

 

Article 12. Force majeure

1. In case of force majeure, we do not have to comply with our obligations towards you. We can do this as long as there is force majeure.
2. What exactly do we mean by force majeure? Every circumstance beyond our control and / or unforeseen circumstance that prevents our customer from being wholly or partially fulfilled. That is legal for:
3. strikes
4. disease among staff
5. fire, flood
6. water damage
7. wars and uprisings
8. export and / or import restrictions
9. business failures
10. power failures
11. failures in a (telecommunications) network or connection or used communication systems and / or the unavailability of the website at any time.
12. non-delivery or late delivery by suppliers or other third parties engaged
13. the lack of permits to be obtained through the government.

 

Article 13. Intellectual property

1. All intellectual property rights are with us, our suppliers and other entitled parties.
2. What is it then, intellectual property? You can think of patent, copyright, trademark, drawing and model rights, methods and concepts.
3. As a customer you may not use our intellectual property. So no changes to this. Unless it concerns private use of the product.
4. As a partner you may use our photos, banners and texts.

 

Article 14. Return shipments.

1. CeramicNature is not legally obliged to offer you the right of withdrawal. Nevertheless, we want to offer you this option, under the following conditions:
2. You must notify us within 5 days of receipt that you wish to return the order.
3. The goods must be returned unused and undamaged in the original packaging.
4. Damage during the return shipment is for your costs, as well as the costs for returning the order.
5. The return shipment must be sent no later than 5 days after reporting, to the following address: Westerduinweg 32

1976Bv IJmuiden

2. If the return is reported or sent too late, CeramicNature reserves the right to refuse the shipment.
3. In the case of a return shipment, you still have to pay the entire amount.
4. For the returned products, we will draw up a credit invoice for this and will pay this no later than 30 days after receipt of our goods.

 

Article 15. Applicable law and competent court

1. It may be an open door, but for the sake of certainty we will put it in black and white: all offers and agreements are governed exclusively by Dutch law.
2. The Vienna Sales Convention is expressly excluded. We do not do that.
3. We hope that it does not happen, but if there is a dispute between you and CeramicNature on the basis of an offer or agreement, this dispute will be submitted to a judge. Not just a judge, but the competent judge of the place where the registered office of CeramicNature is located. That is legal for our address. Is there a mandatory legal provision whereby a different judge is appointed? Then it is submitted to that designated judge.

 

Article 16. Divisibility

1. If a provision in these General Terms and Conditions is unlawful, void or for any other reason unenforceable, then this condition is separated from the General Terms and Conditions. This does not affect the validity and enforceability of the other provisions. They remain in full force. Parties will do everything possible to replace any invalid provision with provisions that are in force.

 

Article 17. Transfer

1. Do you want to transfer your rights and obligations under our agreement and these General Terms and Conditions to others? Then you need written permission from us for this.
2. We can transfer all rights and obligations under our agreement and these General Terms and Conditions to others. Of course we will let you know this.

 

Article 18. Waiver of distance

1. We never renounce our rights. Not even if we do not exercise our rights or delayed.

 

Article 19. Partner program

1. If you are a partner of CeramicNature, you may use all graphic resources, products and others that CeramicNature makes available. Only for official partners of CeramicNature therefore applies that all photos which CeramicNature make available are copyright free.
2. If the situation arises where CeramicNature makes a photo, banner or other available where the copyright belongs to another natural or legal person than CeramicNature, we will inform you of this and you do not ask for this photo, banner or other to use. This is always reserved for errors or mistakes.
3. Our special partner and distribution partner price lists apply to official partners or distribution partners of CeramicNature.
4. CeramicNature reserves the right at all times to deny the partners of CeramicNature the partnership. We do not have to give a reason for this.

 

Article 20. NOTE: Sales department

CeramicNature has developed its products with care and experience. CeramicNature stands for the best quality products and a serious marketing of the products is very important for CeramicNature. We therefore ask you not to sell the products below the recommended minimum prices (RRP). Thank you.