Delivery and payment Terms

Delivery and Payment Terms E-Scooter World Europe GmbH

Article 1. Applicability
These conditions apply to all deliveries of goods, by E-Scooter World Europe GmbH, hereinafter referred to as "supplier" for the benefit of its resellers, hereinafter referred to as "distributor". Special provisions of the supplier's general terms and conditions are binding only if they have been agreed in writing.
All offers, orders, and agreements of the wholesale trade of E-Scooter World Europe GmbH are governed by these general terms and conditions of delivery. Accepting an offer or making an order implies that you accept the applicability of these terms and conditions. The provisions of these Terms and conditions may be waived only after written notice or written approval by E-Scooter World Europe GmbH, in which case the remaining terms will remain in full force and effect.
All rights and claims as set out in these terms, and in any further agreements for E-Scooter World Europe GmbH are stipulated, are also stipulated for the benefit of intermediaries engaged by E-Scooter World Europe GmbH and Other third parties.
Article 2. Offers
All offers of the wholesale of E-Scooter World Europe GmbH are without obligation unless expressly stated otherwise in writing. The offers are based on the information provided with the application. E-Scooter World Europe GmbH expressly reserves the right to amend the prices, in particular when this is necessary on the basis of (legal) regulations.
Article 3. Agreement
The contract of purchase and sale of goods is first binding on the supplier by his written confirmation. The agreement of purchase of goods entered into with a representative of the supplier is first binding by written confirmation of the representative. The supplier reserves the right to give to the distributor in writing within 8 days, that the order in accordance with the agreement can not be executed or not unchanged due to circumstances of which the Representative may not reasonably have been aware, in which case the contract shall be terminated unless an agreement can be reached. E-Scooter World Europe GmbH can also refuse orders in case of wrongly priced products. After the agreement is made by the distributor, any modifications and/or additions proposed shall be carried out only by the supplier after his written acceptance. Any agreement entered into with the supplier shall contain the decomposing condition that it will prove sufficient creditworthiness of the sponsor, solely in his assessment. Data relating to the properties, sizes, weights, compositions, etc. Any data including colors, on/in the webshop, in printed matter, catalogs, images, etc. provided by the supplier to the offer, are indicative and for the supplier not binding and are given in good faith.
Article 4. Prices
All prices mentioned on the Internet/webshop and or provided via price lists, in short, all goods offered, are in euros and excluding turnover tax (VAT) and any taxes and/or other levies, unless otherwise stated or in writing Agreed. All agreements shall always be concluded on the basis of the prices prevailing at the time of closure. Agreed prices are binding, unless due to circumstances of our will independent, as an increase in rights and/or excise duties, transport costs of the delivery address established by the importer, official increases of Importers/factory prices, change in currency parity, etc. and insofar as these increases were not reasonably foreseeable by the supplier, price increase should be applied. Price fluctuations due to mandatory government measures, such as an increase in VAT, are always passed on. In the cases referred to in article 3, the Distributor shall have the right to terminate the contract in which case he has been held to a reasonable remuneration of the already performed. Costs resulting from additions and/or modifications of the contract are borne by the Distributor.
Article 5. Delivery
Specified delivery terms are approximate and are indicative only. The delivery periods are set in the expectation that there is no obstacle to delivering the goods. A small or, given the circumstances, reasonable exceeding of the delivery time can not be invoked against the supplier and will not give rise to compensation to the distributor. The supplier is only in default for the exceeding of the delivery time, after a registered written notice of default. The delivery of the goods to the distributor as referred to in article 2 shall be made at the address specified by the Distributor, or to the extent that the means of transport with which the delivery takes place can come to the sole discretion of the driver. If the Distributor fails to receive the goods at the agreed time of delivery, the goods will be kept at the expense and risk. In such cases, the supplier may charge storage costs to the distributor in accordance with the supplier's applicable tariff. The supplier reserves the right to deliver the items in partial parties if a power condition lasts longer than 30 days, both E-Scooter World Europe GmbH and the distributor have the possibility to transfer the power state component Terminate the agreement in writing, after which both parties are relieved of their obligations towards each other, any payments already made will be refunded. Freight and shipping costs are calculated for all deliveries. Any orders destined for foreign countries are treated separately. The supplier is not liable for misunderstandings, mutilations, delays bad or inaccurate data due to the use of the Internet or any other means of communication and/or social media whatsoever. This applies to all communicative traffic between distributor and supplier and/or supplier/third parties with the distributor.

Article 6. Transfer of risk and cancellations The risk for the goods will pass to the distributor when ordering / delivery. If the customer wishes to cancel this after entering into the agreement / invoiced order, all costs incurred will be recovered by E-Scooter World Europe GmbH from the customer, such as entering, processing and returning the order. The full invoiced amount will have to be paid 100% in case of unilateral cancellation of the order placed by the customer.
Article 7. Retention
The supplier reserves to multiple certainties to pay the purchase price of all the goods sold by it the property, until it is due, including any interest and costs, incurred and already fulfilled. Transfer of purchase, not yet paid case is considered to be a loan. The supplier has the right to recover and take up these matters if the negligent distributor fails to fulfill his obligations if he liquidates, requests or has obtained a suspension of payment, is in a state of bankruptcy or seizure of the goods. All acts of decision with respect to the sold and delivered goods are prohibited by the distributor, as long as he has not fulfilled his payment obligations. The Distributor must respect all proprietary rights, both industrial and intellectual, which rest on the products delivered by E-Scooter World Europe GmbH completely and unconditionally.

Article 8. Personal data
E-Scooter World Europe GmbH respects the Personal Registration Act and the privacy of all users of its site, shop and deliveries through its representatives. Personal information is always treated confidentially. The personal data are used for the correct handling of the order and will never be made available to third parties who are not affiliated with E-Scooter World Europe GmbH.
Article 9. Payments
Payment via the webshop must be done at the same time as the order unless expressly agreed otherwise. Other deliveries must be made by the distributor without deduction of any discount and if not agreed otherwise in writing within 30 days after the invoice date. Payments of goods intended for export must be received by the supplier before delivery can be made, also subject to correct VAT settlement. In the period of payment after the time limit referred to in paragraph 2, the supplier shall have the right to claim 2% credit restriction on the net invoice amount, insofar as this credit restriction is stated on the invoice. When exceeding any of the conditions prescribed by CQ. Separately agreed term of payment, the distributor shall, from the moment he is in default, be charged a default interest rate of 1.5% per month, without prior formal notice, A portion of one month will be equated with a whole month. The amount owed by the Distributor is immediately and without any notice of default payable in the case of the distributor pronounced bankruptcy, suspension of payment and under curatorial theorem, death of the distributor, seizure Distributor is in default of the punctual fulfillment of any obligation to the supplier. The supplier reserves the right to invoice orders, which are executed in installments, per part delivery. The supplier shall at all times be exempt from the distributor a cash or provisional and partial payment in the performance of delivery.
Article 10. Liability
Notwithstanding the remainder of these terms and conditions, the supplier's liability for deliveries shall be limited to a maximum of the amount for which the supplier is insured. The goods delivered by the supplier are only given a warranty, as provided by the relevant manufacturer CQ. Supplier, and is fulfilled against the supplier. The liability of the supplier for goods delivered to third parties does not go beyond the liability of the supplier in respect of those matters. Supplier shall not be liable for the presence of constituents and/or objects, and for any resulting consequences, which do not belong to the composition of goods supplied by the supplier. This Agreement shall be concluded subject to a non-attributable shortcoming in the fulfillment. The supplier is not liable for a shortcoming in the fulfillment if this shortcoming cannot be attributed to him according to Law, legal act or in the social traffic prevailing views. In any event, a shortcoming in the fulfilment may not be attributed to the supplier if there are, inter alia, fire in the property or where the business of the supplier is stored, war, even outside the Netherlands, riot, epidemic, traffic disturbance , workstation, sea lamps of all kinds, exclusion, loss or damage in transport and similar other cases, which fall outside the control of the supplier, resulting in delays in the loading. In these cases, the shipment period is automatically shifted for a reasonable period.
Article 11. Dissolution
If the Distributor is in any way deficient in the fulfillment, he will already be in default without any notice of default being required. Without prejudice to the provisions of the Civil Code, the supplier shall also have the right, in this case, to Agreement, or to consider it in whole or in part without judicial intervention as dissolved. What is written above also applies in the event of bankruptcy or suspension of payment or under the Distributor's curatorial theorem or when his company is shut down.
Article 12. Advertisements and return shipments
Complaints will only be processed if and insofar as they have been communicated to the supplier in writing within 8 days after the delivery of the purchased or guaranteed, and the supplier has the opportunity Control. In the cases of Franco deliveries, a visible loss and/or visible damage to the goods, arising during transport to the agreed delivery address, shall be made to the driver who has delivered the goods by or on behalf of the Distributor. Belaid down in writing on the transport document. The distributor shall immediately send a copy to the supplier. Complaints about invoices must also be submitted in writing and no later than 14 days after the date of the dispatch of invoices. After the expiry of this period, the Distributor shall be deemed to have approved the delivered or the invoice. If so, advertisements will no longer be processed by the supplier. For cases delivered by third parties, the advertising terms will apply, which these third parties have agreed with the supplier. In the cases recognized by the supplier, the supplier shall only be obliged to replace the relevant goods or to crediting the price charged for those goods, at the discretion of the Distributor. If, without the agreement of the supplier, a distributor wishes, for any reason whatsoever, a new and improved delivery, he will have to give the supplier, under penalty of loss of his claims, the opportunity to provide the To investigate the complaint by a recognised expert, which is a binding bag for distributor and supplier. The expert is chosen in such a case by the supplier. If the agreement is not yet reached, then 2 experts will be chosen by each party separately, where a possible third expert can be appointed by the experts already selected. His ruling will be binding on the distributor and supplier. The costs of the experts are borne by the losing party. The Distributor must provide the supplier, to the extent reasonably required of him, but in any case not less than 20 working days after the advertisement, the opportunity to make any missing, measure or damage on the basis of the cases Fixed in original condition and in original packaging. However, if the Distributor has already edited, processed or supplied the goods in whole or in part, any right to advertising and/or compensation shall lapse. See separate return form. With respect to advertising, each part delivery is considered as a separate delivery. Return of delivered goods can only be made Franco at the risk of the distributor after written permission to return the supplier. The return shipment must be delivered to the supplier's address within five working days after obtaining the authorization. The Distributor must provide careful packaging and shipping.
Article 13. Warranty
For goods sold and delivered with a manufacturer's warranty, only the warranty provisions set by the manufacturer apply.
Article 14. Disputes
All disputes, raised between the distributor and the supplier or between the supplier and a third party that contracts for the supplier for the benefit of a distributor in respect of the supply of goods or the provision of services, including Disputes concerning the interpretation of these terms and conditions will be tried in accordance with Dutch law by the competent court, in whose jurisdiction the company of supplier is registered. Article 15. Judicial and other costs all costs which the supplier will make for the exercise of the rights resulting from the contract of sale and related contracts, judicial as well as an outer law, shall of the Distributor. The costs which the supplier must make to recovery of invoices not paid by the distributor are at least 15% of the invoice amount, with a minimum amount of € 1.500.00