Terms and Conditions

General Terms and Conditions of BijRinus B.V.

Private limited company with standard structure BijRinus B.V. (hereinafter: BijRinus) is registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 94181233 and is located at Koningsweg 9 (8861KN) in Harlingen, the Netherlands.

Article 1 – Definitions

1. In these general terms and conditions, the following terms have the meanings set out below, unless expressly stated otherwise.

2. Offer: Any offer by Seller to Buyer to make and/or supply Products, to which these terms and conditions are inseparably linked.

3. Business: The natural or legal person acting in the exercise of a profession or business.

4. Consumer: The natural person not acting in the exercise of a profession or business.

5. Buyer: The Business or Consumer entering into an Agreement and/or a distance contract with Seller.

6. Agreement: The (purchase) agreement for the sale and delivery of Products purchased by Buyer from BijRinus, and/or the performance of Custom Work to produce and deliver, outside of employment, a work of a material nature against a price to be paid by Buyer in money, to which these general terms and conditions form an inseparable whole.

7. Products: The Products offered by BijRinus are ship’s supplies in the broadest sense of the word.

8. BijRinus: The supplier and seller of Products to Buyer, as well as the provider of Custom Work Products to Buyer.

9. Custom Work: the custom work services offered by BijRinus are all activities relating to the design, production, sale and repair of Products at Buyer’s request.

Article 2 – Applicability

1. These general terms and conditions apply to every Offer by BijRinus and every Agreement between BijRinus and a Buyer, and to every Product and/or work offered by BijRinus.

2. Before a (distance) Agreement is concluded, Buyer is given access to these general terms and conditions. If this is not reasonably possible, BijRinus will indicate to Buyer how the general terms and conditions can be viewed, which are in any case published on BijRinus’s website, so that Buyer can easily save these general terms and conditions on a durable medium.

3. In exceptional situations, deviation from these general terms and conditions is possible if this has been explicitly agreed in writing with BijRinus.

4. These general terms and conditions also apply to supplementary, amended and subsequent agreements with Buyer. Any general and/or purchasing conditions of Buyer are expressly rejected.

5. If one or more provisions of these general terms and conditions are partially or wholly void or are voided, the remaining provisions of these general terms and conditions remain in force, and the void/voided provision(s) will be replaced by a provision with the same purport as the original provision.

6. Ambiguities regarding the content, interpretation, or situations not regulated in these general terms and conditions must be assessed and interpreted in the spirit of these general terms and conditions.

7. Where these general terms and conditions refer to she/her, this must also be understood as a reference to he/him/his, if and insofar as applicable.

Article 3 – The Offer

1. All offers made by BijRinus are without obligation, unless expressly stated otherwise in writing. If the Offer is valid for a limited period or subject to specific conditions, this will be expressly stated in the offer. An Offer only exists once it has been recorded in writing.

2. BijRinus is only bound by the Offer if Buyer’s acceptance thereof is confirmed in writing. Nevertheless, BijRinus has the right to refuse an Agreement with a potential Buyer for a reason valid to BijRinus.

3. The Offer contains an accurate description of the offered Product and/or Custom Work with corresponding prices. The description is sufficiently detailed to enable Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer do not bind BijRinus. Any images and/or specific data in the Offer are indicative only and cannot form grounds for any compensation or dissolution of the Agreement. Minor deviations customary in the trade are permissible and do not provide grounds for terminating the Agreement. BijRinus cannot guarantee that the colours shown in an image exactly match the actual colours of the Product.

4. Delivery times and periods stated in BijRinus’s Offer are indicative and, if exceeded, do not entitle Buyer to dissolution or compensation, unless expressly agreed otherwise.

5. A composite quotation does not oblige BijRinus to deliver part of the goods included in the offer or Offer at a corresponding part of the stated price.

6. Where an offer applies, this does not automatically apply to follow-up orders or repeat orders. Offers are only valid for the Buyer to whom they were issued.

7. If the Offer is based on information provided by Buyer and this information proves to be incomplete and/or incorrect, or is subsequently amended, BijRinus has the right to adjust the rates, delivery periods and/or prices stated in the Offer. Buyer is obliged to accept the changed circumstances and to meet the payment obligations set.

Article 4 – Formation of the Agreement

1. The Agreement is formed at the moment Buyer has accepted an Offer or quotation from BijRinus by giving explicit and unambiguous agreement to the Offer by email, making a payment, or giving agreement in the shop.

2. An Offer can be made by BijRinus in the shop and online, via the website.

3. If Buyer has accepted the Offer by concluding an Agreement with BijRinus, BijRinus will confirm the Agreement with Buyer in writing, or at least by email.

4. If the acceptance deviates (on minor points) from the Offer, BijRinus is not bound thereby.

5. BijRinus is not bound by an Offer if Buyer could reasonably have expected, or should have understood or ought to have understood, that the Offer contains an obvious mistake or clerical error. Buyer cannot derive any rights from such a mistake or error.

6. Buyer has the right to exercise its statutory right of withdrawal within the statutory period with respect to non-custom Products. If withdrawal applies, Buyer will handle the Product and its packaging with care. Buyer will only unpack or use the Product to the extent necessary to establish the nature, characteristics and functioning of the Product. The direct costs of returning the Product are for Buyer’s account.

7. Products that, due to being custom-made, cannot be taken back once the seal has been broken, are excluded from the right of withdrawal. This is expressly stated in the Offer.

Article 5 – Duration of the Agreement

1. The duration of the Agreement with respect to Custom Work is entered into for a fixed period and ends upon completion of the assignment.

2. Buyer is at all times entitled to terminate the Agreement in whole or in part. If execution of the Agreement has already commenced and Buyer terminates the Agreement, Buyer owes compensation for the costs actually incurred up to that point, against delivery by BijRinus of the work already completed.

3. Either party may terminate the Agreement on the grounds of an attributable failure to perform if the other party has been given written notice of default and a reasonable period to fulfil its obligations, and it attributably fails to do so.

4. Both Buyer and BijRinus may terminate the Agreement in whole or in part in writing with immediate effect, without further notice of default, if either party is granted a suspension of payments, has filed for bankruptcy, or if the relevant business is dissolved by liquidation.

5. Buyer is personally liable towards third parties for the consequences of the cancellation and indemnifies BijRinus against any resulting claims by such third parties.

Article 6 – Performance of the Agreement

1. BijRinus will perform the Agreement to the best of its insight and ability.

2. If and insofar as proper performance of the Agreement requires this, BijRinus has the right to have certain Custom Work carried out by third parties at its own discretion.

3. Buyer shall ensure that all information which BijRinus indicates is necessary is provided to BijRinus in good time.

4. In performing the Agreement, BijRinus is not obliged to follow instructions from Buyer if this would change the content or scope of the Agreement, unless Buyer compensates the additional costs.

5. Before proceeding with performance of the Agreement, BijRinus may require security from Buyer, or full advance payment.

6. BijRinus is not liable for damage arising because BijRinus relied on incorrect and/or incomplete information provided by Buyer, unless BijRinus was aware of this inaccuracy.

7. Buyer indemnifies BijRinus against any claims by third parties who suffer damage in connection with the performance of the Agreement which is attributable to Buyer.

Article 7 – Delivery of Products

1. If delivery is delayed due to circumstances on Buyer’s part, BijRinus is entitled to a reasonable extension of the delivery period. Delivery periods are never strict deadlines.

2. Buyer is obliged to take delivery of the goods at the moment they are made available in accordance with the Agreement.

3. If Buyer refuses to take delivery or is negligent in doing so, BijRinus is entitled to store the goods at Buyer’s expense and risk.

4. If Products are delivered by BijRinus or an external carrier, BijRinus is entitled to charge delivery costs.

5. If BijRinus needs information from Buyer, the delivery period only starts once Buyer has provided all necessary information, including approval of the design by email.

6. Stated delivery periods are indicative. Longer periods apply for delivery outside the Netherlands.

7. BijRinus is entitled to deliver the goods in instalments and to invoice separately, unless agreed otherwise.

8. Deliveries are only carried out once all invoices have been settled, unless agreed otherwise.

Article 8 – Packaging and transport

1. BijRinus undertakes to properly package and secure the goods to be delivered, so that they reach their destination in good condition under normal use.

2. Unless agreed otherwise, all deliveries include VAT, packaging and the mandatory disposal contribution.

3. Accepting goods without comment on the waybill serves as evidence that the packaging was in good condition at the time of delivery.

Article 9 – Inspection, complaints

1. Buyer is required to inspect the delivered goods for quality and quantity within 14 calendar days of receipt.

2. Visible defects or shortages must be reported and the goods returned within 14 days. In the event of damage due to careless handling, Buyer is liable for any resulting loss in value.

3. Returns are only accepted with BijRinus’s prior written consent, in the manner indicated on the returns page of the website.

4. Returned items must: be provided with protective and securing materials; be clean and in the original packaging; be free of signs of use and undamaged; include all original parts.

5. BijRinus is entitled to investigate the authenticity and condition of returned Products before any refund is made.

6. Refunds are processed as soon as possible, no later than within 30 days of receipt of the return shipment, to the previously provided account number.

7. When exercising the right to complain, Buyer has no right to suspend or set off payment obligations.

8. In the event of an incomplete delivery attributable to BijRinus, the missing Product will still be delivered, or the remaining order will be cancelled.

Article 10 – Second-hand products

1. Buyer (Business) must inspect the Product immediately after purchase. BijRinus provides no warranty on second-hand products, but declares that the product was properly tested before leaving the warehouse.

2. Buyer (Consumer) is entitled to replacement if a defect becomes apparent within 6 months of delivery, unless the nature of the Product precludes this.

3. The warranty extends only to what has been provided by the manufacturer and applies for a period equal to the manufacturer’s warranty.

4. If delivered goods do not meet the warranty, BijRinus will replace or repair them within a reasonable period.

5. The warranty lapses in the event of improper or inappropriate use, or in the event of modifications made without BijRinus’s written consent.

Article 11 – Work at Buyer’s location

1. BijRinus carries out Work on a best-efforts basis, unless a specific result has been explicitly agreed. BijRinus does not warrant suitability for the purpose intended by Buyer.

2. Instructions given by employees or third parties engaged by Buyer are deemed to have been given with Buyer’s approval.

3. BijRinus may engage third parties for the Work at its own discretion.

6. Buyer must ensure: timely provision of the required information; access to the site that meets statutory safety requirements; no obstruction by third parties engaged by Buyer; sufficient opportunity for the transport of materials to and from the site; a location where work can proceed unhindered; connection facilities for electricity (costs for Buyer); sufficient waste disposal facilities; a suitable, safe storage area; and any other facilities reasonably required.

7. If these obligations are not met in time, BijRinus is entitled to suspend performance; costs of delay are for Buyer’s account.

9. In the event of cancellation less than 48 hours before the appointment, Buyer owes the costs for hired staff and reasonable compensation for lost hours.

Article 12 – Advice

1. Any advice, plan or design drawn up by BijRinus is not binding and is advisory in nature only. Client decides for itself whether to follow the advice.

2. Delay caused by Client’s failure to assess a proposal in time is for Client’s own account.

3. The result depends on the quality and timeliness of the information provided by Client.

4. Client shall notify all relevant circumstances and priorities in writing in advance.

Article 13 – Work on custom-made Products

1. BijRinus carries out Custom Work on a best-efforts basis, unless a specific result has been explicitly agreed.

2. Buyer must provide all necessary information in a timely, complete and accurate manner.

4. In the event of suspension at Buyer’s request, Buyer owes the costs incurred up to that point.

5. If performance cannot be resumed after the suspension period, BijRinus may dissolve the Agreement in writing.

7. If obligations are not met in time, BijRinus is entitled to suspend performance; costs are for Buyer’s account.

Article 14 – Additional and reduced work and changes

1. Additional work carried out at Buyer’s request is charged according to the agreed rate plus material costs.

2. In the case of a fixed price, BijRinus informs Buyer of additional costs via a supplementary Offer, which must be accepted before the additional work is carried out.

4. Price changes due to amendment of the Agreement or legislation and regulations are borne by Buyer.

Article 15 – Delivery of Custom Work

1. Delay caused by circumstances on Buyer’s part entitles BijRinus to a reasonable extension of the delivery period. These periods are never strict deadlines.

2. Damage and costs resulting from delay as referred to in paragraph 1 are for Buyer’s account.

5. Buyer has independent responsibility for the management, use and maintenance of the delivered work.

6. If Buyer does not accept the delivered work within a reasonable period, it is deemed to have been tacitly accepted. Minor, repairable defects do not stand in the way of acceptance.

7. After delivery, the work is at Buyer’s risk; the price remains payable regardless of loss through no fault of BijRinus.

8. BijRinus is not liable for defects that Buyer should reasonably have discovered upon delivery.

Article 16 – Prices

1. During the validity period of the Offer, prices will not be increased, except in the event of VAT changes.

2. Stated prices are exclusive of VAT, unless stated otherwise.

3. Prices are based on cost factors applicable at the time the Agreement was concluded.

4. For Products subject to market price fluctuations, BijRinus may apply indicative prices.

5. A surcharge may be charged for urgent work or work outside office hours; shipping costs are for Buyer’s account.

6. A budget issued in advance is not binding, unless agreed otherwise; an indicative price may be adjusted in the interim provided Buyer is notified in good time.

7. In the event of (cost-)price-increasing circumstances after the Agreement is concluded (legislation, price changes at suppliers, currency fluctuations, wages, etc.), BijRinus may adjust the price.

9. Buyer must pay the agreed deposit before BijRinus starts performance.

10. In the event of a dispute about hours spent, BijRinus’s time records are binding, unless Buyer provides convincing evidence to the contrary.

Article 17 – Payment and collection policy

1. Payment is made in advance and/or upon delivery, unless agreed otherwise.

3. Buyer pays in full to the stated account number, unless agreed otherwise in writing.

5. In the event of liquidation, bankruptcy, seizure or suspension of payments of Buyer, BijRinus’s claims are immediately due and payable.

7. Businesses are in default after 14 days of non-payment. Consumers first receive a reminder with a 14-day period.

8. From the moment of default, statutory (commercial) interest and extrajudicial collection costs pursuant to Article 6:96 of the Dutch Civil Code are due.

9. Judicial and enforcement costs incurred are for Buyer’s account.

Article 18 – Retention of title

1. Delivered goods remain the property of BijRinus until Buyer has fulfilled all its obligations.

2. Buyer may not pledge or encumber goods subject to retention of title.

3. In the event of seizure by third parties, Buyer must inform BijRinus of this as soon as possible.

5. BijRinus may retain purchased Products until payment has been made in full, and will deliver them within 20 working days after full payment.

Article 19 – Warranty

1. BijRinus warrants that Products conform to the Agreement and statutory requirements at the time it was concluded.

2. Warranty is explicitly agreed in writing and, in principle, amounts to a maximum of 1 year under normal use. Buyer must have the Product inspected annually by BijRinus, failing which the warranty lapses.

3. Buyer can only invoke the warranty if all payment obligations have been fully met.

4. In the event of a valid warranty claim, BijRinus will repair or replace free of charge.

5. The warranty lapses in the event of incorrect use, handling or maintenance, or modifications made by Buyer.

7. Shipping costs for products under warranty: outbound shipment for Buyer, return shipment for BijRinus. Outside warranty: both for Buyer.

Article 20 – Suspension and dissolution

1. BijRinus may suspend performance or dissolve the Agreement if Buyer fails to fulfil its obligations.

3. BijRinus may also dissolve the Agreement without notice of default in circumstances that make performance impossible or that cannot reasonably be required any longer.

4. Upon dissolution, BijRinus’s claims are immediately due and payable.

5. BijRinus always retains the right to claim damages.

Article 21 – Limitation of liability

1. BijRinus’s liability is limited to the costs charged, unless there is intent or gross negligence, and is in any case limited to the amount that the insurance pays out per event per year at most.

2. BijRinus is not liable for consequential damage, loss of profit or missed savings. For Consumers, the limitation of Article 7:24(2) of the Dutch Civil Code applies.

3. Damage resulting from use of the Product (signs of use, drop damage, light and water damage, theft, loss) is excluded from liability.

4-6. BijRinus is not liable for damage caused by information on the website, website malfunctions, or incorrect or late transmission of email.

7. Buyer’s claims lapse if not reported in writing within one year, and in any event one year after the Agreement ends.

Article 22 – Indemnity for accuracy of information

1. Buyer is responsible for the accuracy and completeness of all information provided to BijRinus, even if originating from third parties.

3. Buyer indemnifies BijRinus against third-party claims relating to intellectual property rights in data provided by Buyer.

4. Buyer guarantees that supplied files are free of viruses and defects.

Article 23 – Force majeure

1-2. BijRinus is not liable in the event of force majeure, which includes, among other things: force majeure on the part of suppliers, defectiveness of goods of third parties, government measures, electricity or internet outages (including cybercrime), natural disasters, war, general transport problems and other circumstances beyond its control.

4. In the event of force majeure lasting longer than two months, either party may dissolve the Agreement without any obligation to pay damages.

Article 24 – Passing of risk

1. The risk of loss or damage passes to Buyer as soon as the Products have been delivered to the delivery address.

Article 25 – Intellectual Property Rights

1. All intellectual property rights of BijRinus remain with BijRinus and are not transferred to Buyer.

2. Buyer is prohibited from disclosing, reproducing or modifying materials subject to these rights without written consent.

Article 26 – Privacy, data processing and security

1. BijRinus handles the (personal) data of Buyer and visitors to the website(s) with care.

2. Where BijRinus must provide for information security, it complies with the agreed specifications and a reasonable level of security.

Article 27 – Complaints

1. Complaints must be reported as soon as possible, and no later than within 5 working days, via info@bijrinus.nl with the subject ‘Complaint’ and the order number.

3. BijRinus will respond no later than within 14 calendar days of receipt of the complaint.

4. In the event of a valid complaint, the matter will be resolved in consultation, leading to free replacement with the same or a similar product.

Article 28 – Applicable law

1. Dutch law applies to every Agreement; the Vienna Sales Convention is excluded.

2. The Dutch text of these terms and conditions always prevails. BijRinus may unilaterally amend these terms and conditions.

3. Disputes will be settled by the competent court of Noord-Nederland, location Leeuwarden, unless mandatory law provides otherwise.

Harlingen, 10 September 2024