Términos y condiciones generales

Terms and Conditions

1. Applicability

A. These terms and conditions apply to all offers, agreements and all related commitments of or with Kortpack B.V.
B. These conditions may only be waived if authorized for this purpose, to which only the board of directors of Kortpack B.V. is authorized.
C. The term "buyer" refers to Kortpack B.V.'s other party to offers, agreements and the related commitments.
D. Unless otherwise agreed in writing, all offers of Kortpack B.V. and the commitments between Kortpack B.V. and the customer shall be subject to the following conditions only.
E. The applicability of the terms and conditions used by the customer is expressly rejected.
F. Kortpack B.V. reserves the right to change its terms and conditions without prejudice to any changes resulting from agreements already entered into, as well as any agreements resulting therefrom.
G. Any negligence, partial nullity, or invalidity of one or more provisions of this agreement shall not affect the validity and applicability of the other.

2. Offers and assignments

A. All offers of Kortpack B.V. with the prices mentioned therein are valid for 30 days or so much longer or shorter as indicated in the offer and are always made free of charge. They may be revoked by Kortpack B.V. within three working days of receipt of acceptance.
B. Kortpack B.V. is - even when she has made an offer- first bound when it has accepted a contract by email, fax or other similar communications, or until it has actually been completed.

3. Prices

A. Our prices include packaging and exclude VAT.
B. Prices are based on the factors involved at the time of the issue or the conclusion of the agreement, including wages, social and fiscal charges, taxes, insurance premiums, commodity and material prices, import duties and freight charges and exchange rates against the Euro. If, after the conclusion or conclusion of the agreement and for delivery, changes were made to these pricing factors in such a way as to increase Kortpack's cost price, Kortpack B.V. has the right to increase the agreed price accordingly and to charge that price increase to the customer even when the cost increase was already foreseeable when entering into the agreement.

4. Delivery and risks

A. Unless expressly agreed otherwise, Kortpack B.V.'s specified delivery times will never be regarded as fatal terms. In case of exceeding the specified delivery terms, Kortpack B.V. will first be in default by registered mail. If Kortpack B.V. is required to provide data or tools for the performance of the agreement, which must be provided by or due to the customer, the delivery dates will be on the day that all necessary data or tools are in possession of Kortpack B.V.
B. From the moment of delivery, the goods are at the risk of the buyer and will incur all direct and indirect damage which may occur on and / or by the goods for him and / or third parties. At the time of delivery, within the meaning of this provision, the term of delivery in Art. 5 sub b.

5. Obligation to accept the goods

A. The buyer is obliged to provide the cooperation necessary for the performance of Kortpack B.V., including expressly the obligation to accept purchased goods.
B. Decline is deemed to be refused if ordered goods are offered to a customer for delivery, but delivery was not possible. The date on which acceptance is refused is considered to be the date of delivery.
C. In the event of a decline, the purchaser of Kortpack B.V. is liable for damages equal to the purchase price of the goods whose delivery was refused to increase with the legal interest on that amount from the date of delivery and the costs resulting from the decline of Kortpack B.V. Under these costs is expressly understood a reasonable fee for storage, related to on-site custom rates. This does not affect all other rights of Kortpack B.V. in relation to the customer's shortcomings.
D. Orders can only be canceled with the agreement of Kortpack B.V., which Kortpack B.V. may impose conditions on.

6. Tolerances

With regard to the agreed specifications, the following deviations, both up and down, are permissible. For assessment, the average of the total quantum delivered in one (1) type, quality, color and execution will be used as a measure.
A. With regard to the color, slightly different from color printing are no reasons for disapproval.
B. Regarding the amount that Kortpack B.V. is deemed to have been properly performed, if deviations in the amount do not exceed: 30% above or below the specified quantity for orders up to 500kg, 20% above or below the specified amount at orders from 500 to 5000kg, 10% above or below the specified quantity for orders over 5000kg. Per order is meant an (1) order in one (1) format and one (1) quality. Billing takes place of the actual quantity delivered.
C. With regard to the thicknesses, the allowable deviation of single measurement may be 10% up or down.
D. Regarding the dimensions, the permissible deviation may be 5% in both the length and the width.

7. Reclamation

A. The control of the quantity and the external condition of the delivered is based on the customer. If Kortpack B.V. is not informed in writing as soon as possible and in any case within 48 hours of receipt of the delivery, the delivered in terms of quantity and appearance is correct.
B. Other reclamations must be submitted in writing within 8 days after delivery of the goods by the customer at Kortpack B.V.
C. If the goods have been fully or partially processed and / or resold, they are valid as approved and the liability of Kortpack B.V. is forfeited.
D. Reclamations regarding invoices within 8 days of submission are to be submitted in writing.

8. Printed matter

A. For new or modified prints, Kortpack B.V. will offer a proof of print for approval, except when supplied by or due to the customer himself ready for printing. If no response is received within one (1) week after the day, the transmitted test print will be considered as an agreement. Kortpack B.V. can never be held liable for any errors or defects in print materials, printed or printed by the customer, or work drawings or films. All prices are always exclusive of printing preparation costs.
B. All plastic bags c.q. tube foil, foil, bags and packaging tapes and barrier tapes are printed according to the flexoprocede. Small inconsistencies in print can not therefore lead to any liability of Kortpack B.V. The customers should safeguard Kortpack B.V. for all consequences of possible infringements of third party rights by designs, drawings, designs, etc. supplied by the customers. The article mentioned in this article lso applies to the printing of corrugated cardboard, cardboard boxes as well as all other printed materials.

9. Tooling costs

A. If manufacturing costs are to be made for the manufacture of packaging materials, they will be charged separately. These costs are never included in our prices unless expressly stated otherwise.

10. Payment

A. For delivery of goods in parts, each part may be invoiced separately by Kortpack B.V.
B. Payment must be made before delivery of the goods by means of i-DEAL, PayPal, credit card, Bancontact, Belfius, KBC/CBC, Applepay, Klarna, Giropay, ING Home-pay, Sofort or within thirty days of the invoice date to Kortpack BV, or by transfer to a bank or giro account nominated for this purpose by Kortpack BV.
C. Claiming a debt settlement is not allowed by the buyer.
D. If the customer does not pay within the payment period, Kortpack B.V. has the right to charge a delay interest of 1.5% per month from the due date, with a part of a month being considered as a whole month, without prejudice to any further rights in respect thereof.
E. The extrajudicial collection costs will be deemed to amount to at least 15% of the amount due, with a minimum of 250 Euro.
F. If Kortpack B.V. concludes an agreement with two or more customers, natural or legal persons, each party is jointly and severally liable for full compliance with the obligations arising out of that agreement.
G. Kortpack B.V. is entitled at any time without requiring customer reasons for payment or requiring sufficient security for the proper and timely compliance with customer's payment obligations.
H. Payment of the buyer will first cover the payment of the costs and interest due and then the payment of the oldest outstanding invoice, even if payment is given another instruction. Kortpack B.V. is entitled at all times without the customer having any reason to pay or need sufficient security for the correct and timely fulfillment of the customer's payment obligations.
I. Reclamation does not suspend the customer's payment obligations. All claims by Kortpack B.V. on the other party will become superannuated after 20 years.

11. Bankruptcy etc.

A. If, in the event of his bankruptcy, surseance of payment or under curtailment or termination or liquidation of his company, the customer does not fulfill, in good or inadequate manner, any obligation arising out of the agreement concluded with Kortpack B.V. or if the buyer transfers his business to third parties, enters into a creditors arrangement, his bank credit is terminated, the execution of his payment orders is suspended from his bank, or his liabilities are seized, the customer is deemed to be in default and is Kortpack B.V. in its sole discretion, without any obligation to compensation and without prejudice to further rights to Kortpack B.V., without being required by default or by legal intervention, to dissolve the agreement in whole or in part or to declare it dissolved or to suspend the execution of the agreement. In such cases, all claims by Kortpack B.V. are immediately payable by the buyer and Kortpack B.V. is entitled to claim immediate payment of all her claims.

12. Retention of title

A. All goods delivered by Kortpack B.V. will remain in possession until the moment of full payment of all of its claims - with interest and costs due if applicable - arising from agreements for delivery of goods and the carrying out of related activities. Until the time of full payment or liquidation, the customer is not authorized to transfer or transfer ownership of the goods to third parties. In the course of his normal business, the customer is entitled to use the goods in accordance with their normal destination.
As long as no full payment has been made and the customer is in default, or Kortpack B.V. has a good ground to fear that customers will default with the payment, they can recover the goods delivered without prior notice. The customer grants her the right to enter his premises and buildings. The agreement can then be terminated by Kortpack B.V. without legal intervention, notwithstanding its right to compensation for costs, damage and interest.
B. In the case of processing, processing or mixing of the delivered by or on behalf of or to the buyer, Kortpack B.V. acquires the co-ownership right in the newly created business and / or in the delivered composite items, for the invoice value of the original delivered business. To the extent that this co-ownership requires another delivery, that delivery will occur at the time of conclusion of the agreement.
C. The risk for the goods which, as a result of paragraph a of this article, restricts property retention, is after delivery to the customer. This is obligatory to ensure the intended goods adequately insured, at least against the risks of theft, damage, and destruction. The buyer is not allowed to provide third parties with any claim to his insurer in respect of insurance as referred to in this paragraph or to serve as a security in the broadest sense of the word to third parties. Benefits for damage and loss of the goods referred to in this Article shall replace the goods in question.
D. Customer is obliged to immediately notify any person who seizes goods delivered by Kortpack B.V. under the reservation of title of Kortpack B.V. or, in the event of the bankruptcy or bankruptcy of the customer himself, to his curator or administrator immediately in writing, with a copy thereof to Kortpack B.V. that Kortpack B.V. has remained in possession of the goods delivered, in violation of a direct payable fine of € 5000 or, if higher, of the original invoice amount of the goods. The fine applies in addition to any liability for damages.

13. Liability

A. Kortpack B.V. accepts liability for damage suffered by the customer resulting from a attributable shortcoming in the performance of his commitment, if and insofar as this liability is covered by his insurance, to the amount of the benefit covered by the insurance.
B. If, for any reason, the insurer fails to pay, the liability is limited to the invoice amount excluding VAT.
C. By way of derogation from subsections (a) and (b) of this article, Kortpack B.V. does not accept liability for indirect damage, including loss of business and consequential loss, damage due to changes in delivery times due to changed circumstances and damage resulting from inadequate cooperation, information or materials of the customer.
D. Every right to damages from a customer to Kortpack B.V. expires in the event of improper use of the goods delivered or if the customer has made changes to the goods themselves or by third parties.
E. Kortpack B.V. is not liable for breach of patents, licenses or other third party rights through the use of data provided by or for the other party in execution of the assignment.
F. Kortpack B.V. is not liable if the shortcoming is due to force majeure. The restrictions contained in this article do not apply if the damage is the result of intent or gross negligence on Kortpack B.V.
G. Kortpack B.V. accepts no responsibility for incorrectly reaching any message. Under message, you understand any message sent by Kortpack B.V., but in particular email, mailings, faxes or any similar means of communication.

14. Indemnity

A. Kortpack B.V. will never be liable to third parties for any damage arising from the performance of the agreement to which the present terms and conditions apply than to the customer. The buyer indemnifies Kortpack B.V. for further liability and, in its agreement with third parties, will, where possible, negotiate a corresponding exemption for Kortpack B.V.

15. Force majeure

A. During force majeure, Kortpack B.V.'s delivery and payment obligations are suspended. If the period in which a breach of the obligations of Kortpack B.V. is not possible for longer than 3 months, both parties are authorized to dissolve the agreement without judicial intervention without the obligation to claim damages.
B. If Kortpack B.V. has already partially fulfilled its obligations or has failed to fulfill its obligations in part, it is entitled to invoice the delivered item separately and the customer is obliged to pay the invoice as if It is a separate contract.
C. Force majeure within the meaning of this Article shall be understood to mean circumstances which prevent compliance with the commitment and which are not attributable to the seller. These include: at Kortpack B.V. or third parties using Kortpack B.V. or at suppliers: fire, strike or exclusion, excessive absenteeism of the staff, transport difficulties, serious business malfunctions; famine, war, riot or riot, mobilization; inadequate or proper execution of orders by suppliers; government measures that hinder or prohibit the execution of contracts, major changes in currency ratios, energy crisis, abnormal price increases of raw materials or energy, regardless of the possibility that these circumstances would arise already was foreseeable at the time the agreement came into being.

16. Applicable law

For agreements and / or commitments between Kortpack B.V. and the other party, only Dutch law applies. In the interpretation of the text of the present terms and conditions, the literal text is decisive. In the case of interpretation differences about the literal text, the interpretation referred to in Dutch societal views is correct.