GENERAL TERMS AND CONDITIONS ONLINE SALE (B2C)
Article 1: Definitions
1. CityVapes.nl, established in Deventer, Chamber of Commerce number 59709782, is referred to in these general terms and conditions
referred to as seller.
2. The other party of the seller is referred to as the buyer in these general terms and conditions.
3. The parties are seller and buyer together.
4. The agreement means the purchase agreement between the parties.
Article 2: Applicability of general conditions
1. These conditions apply to all quotations, offers, agreements and deliveries
of services or goods by or on behalf of seller.
2. Deviating from these conditions is only possible if this is explicitly and in writing by the parties
Article 3: Payment
1. The full purchase price is always paid immediately in the store. When booking is in some
cases a deposit is expected. In that case the buyer receives proof of the reservation and the
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to the
to suspend obligations until the buyer has met his payment obligation.
3. If the buyer remains in default, the seller will proceed to collection. The costs related to that
collection will be borne by the buyer. These collection costs are calculated on the basis of
the Decree on compensation for extrajudicial collection costs.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the
claims of seller on the buyer immediately due and payable.
5. If the buyer refuses to cooperate with the execution of the order by the seller, then he is still
always obliged to pay the agreed price to the seller.
Article 4: Offers, quotations and price
1. Offers are without obligation, unless a term of acceptance is mentioned in the offer. Is becoming
the offer does not accept within that period, the offer will lapse.
2. Delivery times in quotations are indicative and do not entitle the purchaser if they are exceeded
dissolution or compensation, unless the parties expressly agree otherwise in writing
3. Offers and quotations do not automatically apply to repeat orders. Parties must do this
expressly and in writing.
4. The price stated on offers, quotations and invoices consists of the purchase price including the
VAT due and any other government levies.
Article 5: Right of withdrawal
1. The consumer is entitled to receive the contract within 14 days after receipt of the order
to cancel without giving reasons (right of withdrawal). The term starts running from it
the moment the (complete) order has been received by the consumer.
2. There is no right of withdrawal when the products are custom-made according to its specifications
made or only for a short period of time.
3. The consumer can use a seller's withdrawal form. Seller is held this
immediately after making the buyer's request available to the buyer.
4. During the reflection period, the consumer will handle the product and packaging carefully. He will
only unpack or use the product to the extent necessary to do so
assess whether he wishes to keep the product. If he makes use of his right of withdrawal,
he will use the unused and undamaged product with all delivered accessories and - if
reasonably possible - return to seller in the original shipping package, in accordance with the
reasonable and clear instructions provided by the entrepreneur.
Article 6: Amendment of the agreement
1. If during the execution of the agreement it appears that the proper execution of the
assignment is necessary to change or complete the work to be done
parties to the agreement accordingly in good time and in mutual consultation.
2. If the parties agree that the agreement is amended or supplemented, the time of
completion of the execution will be affected. The seller will inform buyer as soon as possible
3. If the amendment or addition to the agreement has financial and / or qualitative consequences
the seller will inform the purchaser about this in advance in writing.
4. If the parties have agreed on a fixed price, the seller will indicate to what extent the
changes or supplements to the agreement result in an exceeding of this price.
5. Contrary to the provisions of the third paragraph of this article, the seller can not charge any additional costs
take into account if the change or supplement is the result of circumstances that affect him
can be imputed.
Article 7: Delivery and risk transfer
1. Once the purchased goods have been received by the buyer, the risk passes from seller to buyer.
Article 8: Research, advertising
1. Buyer is obliged to deliver the delivered goods at the time of delivery, but in any case within such short time
investigate possible term. In addition, buyer should investigate whether quality and
quantity of the delivered corresponds to what the parties have agreed, at least that
quality and quantity meet the requirements that apply to normal (trade) traffic.
2. Complaints regarding damage, shortages or loss of delivered goods must
within 10 working days after the day of delivery of the goods by the buyer in writing to the seller
3. If the complaint is well-founded within the set period, the seller is entitled to either
repair, or to deliver again, or to cancel delivery and buyer to send a credit note for
that part of the purchase price.
4. Minor and / or customary deviations and differences in quality, quantity, size or
finish can not be enforced against seller.
5. Complaints regarding a certain product do not affect other products
parts belonging to the same agreement.
6. No complaints will be accepted after processing the goods at the buyer.
Article 9: Samples and models
1. If a sample or model has been shown or provided to the buyer, then it is presumed to be merely an indication
to have been provided without the goods to be delivered having to comply with it. This is different as
the parties have explicitly agreed that the item to be delivered will correspond to this.
2. In the case of agreements relating to immovable property, the surface or other details shall be stated
dimensions and indications also presumed to be intended only as an indication, without the te
the case needs to be answered.
Article 10: Delivery
1. Delivery is made 'ex works / store / warehouse'. This means that all costs are for buyer.
2. The buyer is obliged to take delivery of the goods at the moment that the seller delivers them to him or does it
delivery, or at the time these items are available to him according to the agreement
3. If the buyer refuses to take delivery or is negligent in providing information or instructions
necessary for the delivery, seller is entitled to the case at the expense and risk of buyer
4. If the goods are delivered, the seller is entitled to charge any delivery costs
5. If the seller requires data from the buyer for the execution of the agreement, the
delivery time after buyer has made this information available to seller.
6. A delivery period stated by the seller is indicative. This is never a fatal deadline. At
If the term is exceeded, the seller must declare the seller in default in writing.
7. The Seller is entitled to deliver the goods in parts, unless the parties agree otherwise in writing
agreed or does not have an independent value to partial delivery. Seller is in delivery
parts are entitled to invoice these parts separately.
Article 11: Force majeure
1. The seller can not, not timely or not adequately fulfill his obligations under the agreement
due to force majeure, he is not liable for damage suffered by the buyer.
2. By force majeure the parties in any case understand any circumstance with which the seller at the time
of the conclusion of the agreement and as a result of which the normal
execution of the agreement can not reasonably be demanded by the buyer, such as
for example sickness, war or war danger, civil war and revolt, molestation, sabotage, terrorism,
power failure, flooding, earthquake, fire, occupancy, strikes,
workmen's exclusion, altered government measures, transportation problems, and other disruptions
in the seller's company.
3. In addition, the parties under circumstances beyond one's control understand the circumstance that subcontractors of which
the seller is dependent on the performance of the contract, not on the contractual
obligations towards the seller, unless this can be blamed on the seller.
4. If a situation as referred to above occurs as a result of which the seller is not on
obligations towards the buyer can be met, then these obligations will be suspended as long as the seller
can not meet its obligations. If the situation referred to in the previous sentence 30
calendar days, parties have the right to make the agreement in writing or in writing
5. In case the force majeure lasts longer than three months, the buyer has the right to the agreement with
immediate dissolution. Dissolution can only be done by registered mail.
Article 12: Transfer of rights
1. Rights of a party to this agreement can not be transferred without the
prior written consent of the other party. This provision applies as a stipulation with
property law operation as referred to in Section 3:83 (2) Dutch Civil Code.
Article 13: Retention of title and right of retention
1. The goods and items and items delivered at the seller remain the property of the seller
until buyer has paid the entire agreed price. Until then, the seller can rely on his
retention of title and take back the goods.
2. If the agreed prepaid amounts are not paid or not paid on time,
seller the right to suspend the work until the agreed part is still
satisfied. There is then a creditor's default. A late delivery can not be accepted in that case
vendor are thrown against.
3. The Seller is not authorized to pledge the goods falling under his retention of title or to accept them
to encumber any other means.
4. The seller undertakes to insure the goods delivered to the buyer under retention of title
to insure against fire, explosion and water damage as well as against theft and the policy
first request for inspection.
5. If items have not yet been delivered, but the agreed prepayment or price is not in conformity
agreement is fulfilled, seller has the right of retention. The case is then not delivered until
the buyer has paid in full and in accordance with the agreement.
6. In the event of liquidation, insolvency or suspension of payment of the buyer, the obligations of
buyer immediately due and payable.
Article 14: Liability
1. Any liability for damage arising from or connected with the execution of
an agreement, is always limited to the amount that is closed in the case in question
liability insurance (s) is paid out. This amount is increased by the amount of
the deductible according to the relevant policy.
2. The seller's liability for damage resulting from intent or negligence is not excluded
deliberate recklessness of the seller or his managerial subordinates.
Article 15: Complaint obligation
1. Buyer is obliged to immediately report complaints about the work performed to the seller. The complaint
contains as detailed a description as possible of the shortcoming, so that the seller is capable
to respond adequately to this.
2. If a complaint is well-founded, the seller is obliged to repair the goods and to replace them if necessary.
Article 16: Guarantees
1. If guarantees are included in the agreement, the following applies. Seller guarantees
that the sold goods comply with the agreement, that it will function without defects and that
it is suitable for the use that the buyer intends to make. This guarantee applies to one
period of two calendar years after receipt of the sold by buyer.
2. The guarantee in question is intended to establish a risk distribution between seller and buyer
to ensure that the consequences of a breach of a guarantee are always entirely at the expense and risk
come from the seller and that the seller can never rely on a breach of a guarantee
Section 6:75 of the Dutch Civil Code. The provisions in the previous sentence also apply if the infringement was known to the buyer or
could have been known by conducting research.
3. The said guarantee does not apply if the defect arose as a result of inexpert or
improper use or when - without permission - buyer or third parties have alterations
applied or attempted to apply or have used the purchased
purposes for which it is not intended.
4. If the warranty provided by the seller relates to a third party produced
the warranty is limited to the guarantee provided by that producer.
Article 17: Applicable law
1. Dutch law is exclusively applicable to this agreement between seller and buyer.
The Dutch judge is competent.
2. The applicability of the Vienna Sales Convention is excluded.
3. When in a legal procedure one or more provisions of these general terms and conditions
if unreasonably onerous, the remaining provisions will remain unaffected
Article 18: Forum selection
All disputes arising from this agreement are exclusively submitted to the competent
Judge of the Overijssel District Court.