General Terms and Conditions
General Terms and Conditions of Sale – 3BUTE BV
Article 1 – Definitions
In these general terms and conditions, the following terms shall have the meanings set out below:
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3BUTE: the company 3BUTE BV, with its registered office in the Netherlands, trading under the name 3BUTE.
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Customer: any legal entity or natural person acting in the course of a profession or business who enters into a contract with 3BUTE.
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Agreement: any agreement between 3BUTE and the Customer relating to the sale and supply of products.
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Products: all goods offered by 3BUTE, including (but not limited to) textiles, tape and other consumables for events and productions.
Article 2 – Applicability
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These general terms and conditions apply to all quotations, offers, orders and agreements of 3BUTE.
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Any deviations from these terms and conditions are valid only if confirmed in writing by 3BUTE.
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The Customer’s general (purchasing) terms and conditions are expressly rejected.
Article 3 – Offers and Agreements
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All offers and prices are subject to change without notice, unless expressly stated otherwise.
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A contract is concluded at the moment 3BUTE confirms an order in writing or electronically, or actually fulfils it.
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Obvious errors or mistakes in the offer are not binding on 3BUTE.
Article 4 – Prices
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All prices are exclusive of VAT and other government-imposed levies, unless otherwise stated.
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Delivery charges are stated separately and passed on to the Customer.
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3BUTE reserves the right to change prices. Price changes do not affect agreements already concluded.
Article 5 – Payment
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Payment must be made using the payment methods offered on the online shop.
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Payment must be made in full prior to delivery, unless otherwise agreed in writing.
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In the event of late payment, the Customer shall be in default by operation of law and 3BUTE shall be entitled to charge statutory commercial interest and collection costs.
Article 6 – Delivery
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Delivery will be made to the address specified by the Customer.
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Stated delivery times are indicative and are never strict deadlines.
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Exceeding a delivery time does not entitle the Customer to compensation or termination of the contract.
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The risk in the products passes to the Customer at the time of delivery.
Article 7 – Inspection and Complaints
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The Customer must inspect the delivered products immediately upon receipt.
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Complaints regarding visible defects must be reported in writing within 5 working days of delivery.
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Complaints regarding hidden defects must be reported without delay upon discovery.
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If a complaint is justified, 3BUTE shall, at its discretion, either replace the product or issue a credit note.
Article 8 – Returns
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Returns are only possible with the prior written consent of 3BUTE.
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Bespoke, cut-to-size or specially ordered products cannot be returned.
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Returns are at the Customer’s own expense and risk.
Article 9 – Liability
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3BUTE’s liability is limited to the invoice amount for the relevant delivery.
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3BUTE shall in no circumstances be liable for indirect damage, including consequential damage, loss of profit or business interruption.
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3BUTE shall not be liable for damage caused by incorrect or improper use of the products.
Article 10 – Force Majeure
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3BUTE shall not be obliged to fulfil any obligation if it is prevented from doing so by force majeure.
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Force majeure is defined as any circumstance beyond the control of 3BUTE, including delays on the part of suppliers, transport problems, government measures and disruptions.
Article 11 – Retention of Title
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All products supplied remain the property of 3BUTE until the Customer has fully met all payment obligations.
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The Customer is not entitled to pledge the products or otherwise encumber them until ownership has been transferred.
Article 12 – Intellectual Property
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All intellectual property rights relating to information, images and documentation provided by 3BUTE are vested in 3BUTE.
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Use of these without prior written consent is not permitted.
Article 13 – Governing law and disputes
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All agreements are governed exclusively by Dutch law.
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Disputes shall be submitted exclusively to the competent court in the Netherlands.
Article 14 – Final provisions
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Should any provision in these terms and conditions prove to be void or voidable, the remaining provisions shall remain in full force and effect.
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3BUTE reserves the right to amend these general terms and conditions.
