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General conditions

Article 1: Definitions.

1.1 In these terms of delivery, the following definitions shall apply:

Butler Nederland BV, Trade Name: Super-Seat located at Plantijnweg 20, Culemborg 4104BB. registered with the Chamber of Commerce under number 23049507

Buyer: the natural or legal person(s) who purchases goods and/or services from super-Seat.

Agreement: any agreement between the buyer and Super-Seat to perform work by Super-Seat on behalf of the buyer in accordance with what has been agreed.

 

Article 2: Applicability

2.1 These general terms and conditions apply to the conclusion, content and fulfillment of all agreements concluded between Super-Seat and the buyer.

2.2 Super-Seat expressly excludes the applicability of (delivery) terms and conditions of the buyer, unless expressly agreed otherwise in writing.

2.3 Supplements to or deviations from these general terms and conditions shall apply only if expressly accepted in writing by Super-Seat. The other provisions of these general terms and conditions shall remain in full force and effect in that situation.

2.4 By his digital order, the buyer accepts these delivery terms and conditions and declares himself familiar with their contents, provided that the terms and conditions of Super-Seat have been properly made known to the buyer.

 

Article 3: Agreements/offers.

3.1 All offers are made in euros and exclusive of VAT, packaging and other government-imposed charges, unless expressly agreed otherwise.

3.2 The offers made by Super-Seat are entirely without obligation and of a general nature, unless expressly stated otherwise.

3.3 An agreement with Super-Seat is established when the buyer has ordered one or more products through Super-Seat’s website.

3.4 Offers do not automatically apply to repeat orders and/or future orders.

 

Article 4: Force Majeure

4.1 If, due to force majeure, delivery cannot be made in accordance with the agreement, Super-Seat will notify the buyer as soon as possible with written confirmation, without being liable to pay any compensation.

4.2 In the event of force majeure, Super-Seat may, after consultation with the buyer, terminate the agreement or suspend delivery until such time as the force majeure situation ceases to exist.

4.3 In the event that the suspension of delivery is delayed by more than 60 working days, the purchaser shall be entitled to notify Super-Seat by registered letter that the purchase agreement has been terminated, without there being any obligation for Super-Seat to pay compensation to the purchaser in this case.

4.4 Shortcomings of Super-Seat in the fulfillment of the agreement cannot be attributed to it if they are not due to its fault, nor are they for its account under the law, the agreement, or generally accepted practice.

4.5 The aforementioned and other similar circumstances shall be considered as not attributable to Super-Seat and shall not entitle the buyer to rescind the agreement or to damages.

 

Article 5: Delivery, delivery period and transfer of risk

5.1 The buyer shall be obliged to cooperate fully in the delivery of the products to be delivered by Super-Seat under the agreement. The buyer shall be in default even without notice if he refuses to accept the products to be delivered.

5.2 All prices listed on Super-Seat’s website exclude transportation costs.

5.3 The Buyer must clearly and correctly communicate the delivery address, which may not be a PO Box number, to Super-Seat. Damage suffered by Super-Seat as a result of the purchaser passing on a wrong address to Super-Seat shall be entirely at the expense and risk of the purchaser.

5.4 We make every effort to have our goods delivered by DHL within 5 working days. A term of delivery specified by Super-Seat will be adhered to as much as possible but is not a deadline and is indicative only, unless expressly agreed otherwise. In case of untimely delivery, Super-Seat will consult with the buyer about the modified delivery date.

5.5 Super-Seat’s commitment to a previously explicitly agreed deadline shall lapse if the purchaser subsequently makes changes to the order, unless the minor significance of the change does not reasonably require Super-Seat to change the delivery date initially indicated by Super-Seat.

5.6 The risk of loss of or damage to the products to be delivered by Super-Seat shall pass to the Buyer at the time that these products are actually delivered to the Buyer and brought into the control of the Buyer or a third party designated by the Buyer.

5.7 Super-Seat is not liable for any damage that the buyer might suffer as a result of not delivering (on agreed delivery date).

5.8 Our carrier will notify the buyer of delivery via email and text message. Two delivery attempts will be made and if both are missed, you can pick up the goods yourself or pay again for delivery. The shipment cannot be reshipped until the goods have been returned from the carrier, so please keep in mind that this will delay your shipment considerably.

5.9 A small time slot is never given for business shipments, because it is assumed that a business is open all day during the day and there are several people present to accept the shipment. Therefore, the time period in which the shipment is delivered in not adjustable.

 

Article 6: Packaging

6.1 Necessary packaging is included in the price and will not be taken back. The necessity of using packaging is at Super-Seat’s discretion.

 

Article 7: Differing colors

7.1 Colors may vary from the images shown and differ from each other. Everything can be viewed and picked out in advance at our showroom in Culemborg.

 

Article 8: Payments

8.4 All goods must be paid in advance before Super-Seat will deliver.

8.5 Payments will be made by bank/giro/ideal etc stating the order number to the bank account of Butler Nederland BV.

 

Article 9: Retention of title

9.1 Any delivery of goods by Super-Seat to the purchaser shall be made subject to retention of title until the purchaser has paid all that he is obliged to pay under this agreement, including claims by Super-Seat for failure of the purchaser to comply with this agreement. The retention of title shall also apply to deliveries of goods under an older or younger contract than that which relates to the goods whose ownership is reserved by Super-Seat.

9.2 If the buyer is in default with respect to the performance as included in paragraph 1 of this article, Super-Seat shall be entitled to recover the goods (or have them recovered) from the place where they are located at that time, at the buyer’s expense. The purchaser hereby irrevocably authorizes Super-Seat to enter or cause to be entered the premises used by or for the purchaser for this purpose. All costs related to repossession shall be borne by the buyer.

9.3 Items delivered under retention of title may be used by the buyer in the ordinary course of business. This means that they cannot serve as security, in any form, for claims of third parties.

 

Article 10: Complaints

10.1 The purchaser shall be obliged to examine within a reasonable time after delivery whether Super-Seat has properly fulfilled the agreement and shall furthermore be obliged to inform Super-Seat immediately in writing as soon as he becomes aware of the contrary.

10.2 The fulfillment of the agreement shall be considered as proper between the parties if the buyer has failed to make the examination or notification referred to in paragraph 1 of this article in a timely manner.

10.3 Claims should be reported within five days of receipt by email to info@super-seat.com. So check everything immediately when you receive the goods.

10.4 Super-Seat’s performance shall in any case be regarded as sound between the parties if the buyer has put the delivered goods or part of the delivered goods to use, has treated or processed them to third parties or has had them put to use, has had them treated or processed or has had them delivered to third parties, unless the buyer has complied with the provisions of paragraph 1.

 

Article 11: Warranty, returns & cancellation

11.1 Super-Seat Provides warranty on new goods only, outlet and used goods are not covered by warranty. You can view everything before purchase in our showroom.

11.2 No warranty applies to damage caused by incorrect use or application of the delivered products.

11.3 The proof of purchase (order confirmation) shall serve as proof of warranty.

11.4 If repair or replacement is impossible, Super-Seat has the right to dissolve the agreement and credit the buyer in full.

11.5 Exchanges, returns or cancellations after purchase are not possible at our wholesale with B2B customers. All goods can be previewed in our showroom in Culemborg.

11.6 Right of withdrawal applies only to B2C customers.

11.7 In case of cancellation of paid invoices, we charge 30% administration and handling fees of the invoice value to B2B customers.

11.8 When canceling a paid order at the door, we charge 40% administration, handling and transportation costs of the invoice value with B2B customers.

 

Article 12: Liability.

12.1 Super-Seat shall not be liable for damage of any kind which is caused because Super-Seat has relied on incorrect information and/or incorrect data provided by the Buyer, unless Super-Seat was or should have been aware of the incorrectness and/or incompleteness.

12.2 Super-Seat shall not be liable for damage of any kind resulting from improper and/or incorrect use of the products after delivery.

12.3 Super-Seat shall also not be liable for damage of any kind which arises because or after the Buyer has put the products to use after delivery, has treated or processed them, has delivered them to third parties, or has had them put to use, has had them treated or processed, or has had them delivered to third parties, respectively.

 

Article 13: Transportation

13.1 Transportation of goods to be delivered shall be at the expense and risk of Super-Seat, unless otherwise agreed. Acceptance of items from Super-Seat by the carrier shall constitute proof that they were in externally good condition.

13.2 If the product/goods are damaged during transport from Super-Seat to the buyer, Super-Seat’s liability shall be limited to a maximum of the amount reimbursed by the carrier and/or its insurer.

 

Article 14: Applicable law in the event of disputes

14.1 All agreements, their interpretation and performance shall be governed by the laws of the Netherlands.

14.2 All disputes relating to the conclusion, interpretation or performance of an agreement with Super-Seat shall be submitted exclusively to the competent court of the Utrecht District Court.

 

Article 15: Other provisions

15.1 Super-Seat guarantees to keep confidential all information concerning the buyer obtained during or in connection with the execution of the agreement and to ensure that this information cannot be used by third parties.

15.2 Super-Seat is not entitled to use the information made available by the buyer for any purpose other than that for which it was obtained.

15.3 Both parties are bound to keep confidential all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it is communicated by the other party or if it arises from the nature of the information.

 

Article 16: Modification of the conditions, explanation

16.1 Super-Seat is authorized to make amendments to these general terms and conditions. These amendments take effect at the announced time of entry into force. Super-Seat will notify the buyer of the amended terms and conditions in a timely manner. If no time of entry into force has been communicated, amendments shall enter into force against the purchaser as soon as he has been notified of the amendment. On current agreements, those general terms and conditions in effect at the time the agreement was entered into remain in force.

16.2 Interpretation of the content and scope of the general terms and conditions shall be based on the Dutch text thereof.

 

Article 17: Copyright Super-Seat

17.1 All Super-Seat texts and illustrations are copyrighted.

17.2 Reproduction of (parts of) the Super-Seat internet page/website, images and/or use of the product name is prohibited.

17.3 It is not permitted to distribute parts and/or the entire contents of the Super-Seat Internet page/website via CD-ROM, DVD or any other medium without the author’s/rights holder’s permission.

17.4 If applicable, the copyright of the information offered and made accessible via the links of the Super-Seat website rests with the rights holder of the relevant pages. This also applies to all trademarks and logos.