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DELIVERY TERMS AND CONDITIONS
Plasticflessen.nl B.V.
1.1 The private limited liability company “Plasticflessen.nl B.V.” is established in 9636 HT Zuidbroek at Europaweg 22 and registered with the Netherlands Chamber of Commerce under number 32108423. Plasticflessen.nl B.V. will hereinafter be referred to as ‘PF’.
1.2 These terms and conditions shall apply to all offers, deliveries and/or services provided by PF and/or all agreements entered into with PF. Deviating provisions shall only be deemed valid if expressly agreed in advance in writing with PF. Prior to placing the definitive order, the customer has read and accepted these terms and conditions of PF.
2. PF does not accept the general terms and conditions of any other party/customer unless expressly agreed otherwise in writing. In the event that the other party refers to its own terms and conditions and declares such terms and conditions to be applicable, the parties, by accepting these terms and conditions of PF, agree that PF shall not be bound by such terms and conditions of the other party.
3.1. All price lists, brochures and other information supplied with the offer have been compiled as accurately as possible. If it subsequently transpires that errors have been made in the information provided, PF shall be entitled to correct such errors without being held liable for compensation in this respect. Use of the aforementioned information, other than in connection with the agreement concerned, is only permitted with the written consent of PF.
3.2 PF assumes that all information and statements provided by the customer/other party are accurate. PF is under no obligation to investigate these matters further.
4.1 The agreement with PF is only established once PF has confirmed the order in writing.
PF has the right to assess whether there is (sufficient) creditworthiness for payment of the placed order. In that case, the agreement will be entered into subject to the suspensive condition of a positive assessment.
Orders:
5.1 The minimum order quantity is 25 units per complete packaging. One (1) free sample can be requested for each specific type of packaging.
5.2 If a request is made to send multiple samples, PF may request reimbursement for the costs of handling and shipping.
5.3 All goods will be delivered to the specified delivery address in the Netherlands, Belgium, Germany, the UK or France. If the customer wishes to collect the goods themselves, they must notify PF in writing at the time the order is placed.
5.4 Shipment is in principle always by (UPS) post unless the size of the order (per pallet) or the distance to the delivery address requires the use of a carrier or a different form of shipment (by sea, air etc.). In these latter cases, PF will coordinate the delivery with the customer.
5.5 In principle, shipment will take place within approximately seven (7) working days after written confirmation by PF and payment by the customer. However, depending on the type of order and product, the delivery time may be longer (for example, due to technical reasons or the out-of-stock status of specific products). PF will provide the status of the order upon request. Quoted delivery times are never strict deadlines unless expressly agreed otherwise in writing. If the delivery time exceeds 30 days, the customer has the right to cancel the order.
5.6 The costs of shipping and/or transportation are for the account of the customer.
5.7 Deviations in delivered quantities are permitted up to a maximum of 3% (three percent). The customer is obliged to take delivery of any excess quantities and to accept any shortfalls.
6.1 The customer is obliged to inspect the delivered goods for any defects, shortfalls or damage immediately upon receipt of the delivery. Any complaints must be made in writing to PF within 2 (two) weeks after delivery. Any complaints submitted after this period will not be handled. We would prefer to receive one or more examples of faulty packaging.
6.2 If the complaint is justified, PF will take back the faulty goods in their original packaging and arrange for prompt redelivery or issue a credit note for the delivery.
Cooling-off period/Cancellation:
7.1 The order can be cancelled up to the moment of shipment and/or transport.
7.2 Within 14 calendar days from the date of receipt of the order, the customer, being a consumer, may return the delivered goods and cancel (revoke) the agreement without giving any reasons, unless the goods are sealed hygiene products of which the seal has been broken (see the information on the product or the information page on the website). A cancellation form template can be downloaded from the PF website. PF will also provide the form once the agreement has been confirmed.
In that case, the customer pays the shipping/transport costs and the costs of the return shipment. The customer must return the shipment within 14 days of receipt. Upon receipt of the returned shipment, PF will reimburse the amounts paid (minus the abovementioned shipping/transport costs) within 14 days of the cancellation, provided that the shipment has been received, or the customer can prove that the shipment has been sent.
7.3 In addition to the provisions of Article 7.2, PF is prepared (without obligation), in consultation with the customer and exclusively at the discretion and approval of PF, to exchange (empty) goods already delivered for other goods and/or to credit the customer, from the 15thth day to the 30th day after receipt of the delivery, if the customer no longer has a use for them. In that case, any shipping and/or transport costs will be borne by the customer. The goods must be returned in good condition and in their original packaging.
7.4 If and insofar as a customer, who is acting in a commercial capacity, would like to return a delivery without PF being at fault, PF is willing to accept the return and refund up to a maximum of 70% of the invoice amount, provided that the returned goods are undamaged and unused. The costs of the return shipment shall then be borne by the customer.
Payment, (collection) costs and interest:
8.1 Payment for orders shall be made in advance. Orders are not shipped until payment has been made and received by PF. If the customer wishes to collect the order from PF themselves, payment must be made in cash. Orders may be placed on credit at the discretion and approval of PF.
8.2 If payment has not been made in advance or in cash, the invoice must be paid within 14 (fourteen) days of the invoice date, without discount or set-off, unless expressly agreed otherwise in writing.
8.3. If the customer, being a commercially acting (legal) person, does not pay within 14 (fourteen) days after the invoice date, the customer shall be in default by operation of law, without further notice of default being required, and shall owe statutory commercial interest on the outstanding amount pursuant to Book 6, Section 119a of the Dutch Civil Code from the 15th day after the invoice date.
If the customer, being a consumer, fails to pay the invoice (in time), PF will send the customer a reminder/notice of default, giving the customer 14 days in which to pay the amount due, with notification that collection costs will be payable thereafter.
In that case, the customer/consumer will also owe PF statutory interest pursuant to Book 6, Section 119 of the Dutch Civil Code on the outstanding amount from the 15th day after the invoice date.
8.4. Any extrajudicial costs associated with the collection of an invoice that has not been paid (in full) shall be borne by the customer. These amount to 10% of the principal sum, with a minimum of €40, unless the law prescribes a lower percentage/amount, in which case these costs will be calculated in accordance with the provisions of the law.
Packaging:
10.1 The packaging of PF is made largely of Polyethylene, Polyethylene terephthalate and/or Polypropylene. However, not all packaging is made of these materials.
10.2PF accepts no responsibility whatsoever for the packaging fillers used by the customer. This is because PF does not know the composition of the products/packaging fillers used by the customer and cannot assess the compatibility of these products with the packaging supplied by PF. At the request of the client, PF may provide the customer with samples for testing, subject to the provisions of Article 5 of these Terms and Conditions.
Liability:
11.1 In the event of late, incorrect or faulty delivery or defects in, or to, the delivered goods and/or packaging, PF is not liable in any way for the resulting damage, except insofar as it concerns wilful intent or deliberate recklessness on the part of PF. The limitation of the liability of PF provided for herein shall also extend to the employees of PF and/or the auxiliary persons and/or manufacturers hired by PF.
11.2. In the event that PF is found to be liable and the foregoing exemption does not apply, the contractual and/or non-contractual liability of PF shall be limited to (in separate and descending order):
the amount that can be recovered from any third parties, auxiliary persons and/or manufacturers that were hired;
- the amount that is paid out by the liability insurance of PF;
- an amount not exceeding the amount that PF invoiced to the customer for the defective goods in question.
11.3 In any event, any claim by the customer or third parties on the basis of which PF could be held liable for the goods delivered by it, including any product liability of PF, shall expire after 3 (three) years, starting on the day following the day on which the aggrieved party became aware or should have become aware of the damage, the defect and the identity of the manufacturer.
12. The customer is obliged to provide the goods purchased from PF and the goods supplied and filled by the customer to third parties, which may include consumers, with a proper product description and/or instructions for use. In all cases, the lack of a proper product description and/or instructions for use in the event of resale will constitute grounds for PF to reject any liability. The same (exemption from liability) applies if the delivered goods are exposed to abnormal circumstances, overloading or other causes beyond the control of PF, or if the damage is the result of improper use or application.
Indemnity:
13. The customer indemnifies PF against all claims from third parties with regard to goods and/or packaging delivered by PF, as a result of which those third parties may suffer damage, regardless of the cause or time of occurrence.
Retention of title:
14. PF retains ownership of all goods delivered to the customer by PF and/or on its behalf, until the purchase price thereof, plus shipping and/or transport costs, has been paid in full.
15. If any provision of these Terms and Conditions is found to be wholly or partially void, annulled or otherwise invalid, this will not affect the validity of the remaining provisions of these Terms and Conditions. The provisions that are legally invalid or legally unenforceable shall be replaced by provisions that come as close as possible to the purport of the provisions that are to be replaced, on which the parties shall reach agreement.
Personal data:
16. All personal data provided to PF shall be used by PF for the performance of the agreement. PF processes this personal data in accordance with the provisions of the General Data Protection Regulation (GDPR).
17. All agreements entered into under these Terms and Conditions are governed exclusively by Dutch law. The Dutch text of these Terms and Conditions is binding and prevails over any translations thereof.
18. Disputes will be submitted to the competent court of the Central Netherlands District Court. In the case of delivery to a consumer, the consumer may also choose to bring the dispute before the competent court of their place of residence.
These Terms and Conditions have been filed with the Netherlands Chamber of Commerce under number 32108423 and can also be viewed on the website www.plasticflessen.nl (bottom of the home page).
dated 12.03.2025.