Only retail deliveries
General terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF THE STITCH COMPANY B.V.
Nieuwstraat 6, 4264 RE Veen (N.Br.), The Netherlands CoC 84057734
New resellers
The first order is minimum € 250,00 and the goods will always be supplied after payment in advance.
Orders
All orders are invoiced at the net sale prices valid at the moment of delivery.
NL:
bestelling < € 165,00 + verzendkosten € 7,50
bestelling > € 165,00 franco levering
BE:
bestelling < € 165,00 + verzendkosten € 8,50
bestelling > € 165,00 franco levering
bestelling < € 165,00 + verzendkosten € 7,50
bestelling > € 165,00 franco levering
BE:
bestelling < € 165,00 + verzendkosten € 8,50
bestelling > € 165,00 franco levering
DE:
Bestellung < € 225,00 + versandkosten € 11,00
Bestellung > € 225,00 versandkosten 50%
Bestellung < € 225,00 + versandkosten € 11,00
Bestellung > € 225,00 versandkosten 50%
Other countries:
All orders + shipping costs
All orders + shipping costs
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Bonus regulation
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Annual goods turnover
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from €
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till €
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bonus
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0
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2500
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none
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2500
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10000
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2 %
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10000
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higher
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3 %
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| By the end of each year we send you a credit note for that year belonging bonus amount. The amount of this bonus must be used within 3 months (therefore at the latest 31 Marchof the following year) in the form of goods orders. Not used parts of the bonus amount expire by that date. | ||
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With this bonus regulation all other discount regulations expire!
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Payment
Payment must take place at the latest within 30 days of invoice date. Outstanding receivables are automatically transferred to our receivables collection and are subject to a monthly interest payment of 1.5% as well as the collection, and any legal costs - including fees and expenses of lawyer, bailiff and/or other authorised representative(s) - , which will then be at least 15% of the amount to be collected.
No goods will be supplied to resellers who are in arrears until full payment has taken place.
The goods will subsequently only be supplied cash on delivery. All goods remain the property of "The Stitch Company" until full payment has taken place.
Backorders
Undelivered items are taken in backorder and will be delivered with your next order, if available. The items marked with (*) behind the description are available as long as our stock lasts. If we have not received a new order within 3 months after the items were taken in backorder, the items will be delivered with 50% calculation of the shipping costs.
Return despatches
The receipt of faulty or damaged goods must be reported in writing (fax) to "The Stitch Company" within 8 days. Return of these goods may only take place after "The Stitch Company" has granted permission to do so.
Value-added tax (VAT)
Value-added tax number: NL863079805B01.
All net sale prices are excluding value-added tax. At invoicing the goods are charged with the VAT rate valid at the moment of delivery.
Request copy invoices
When you like to receive a copy of a previously sent invoice, you can send your request by e-mail. We calculate € 2,50 administration fee.
General terms and conditions Wool and Needle Work unless stated otherwise above the "General terms and conditions Wool and needlework" apply, as filed with the Chamber of Commerce offices in Utrecht on the 8th of February 1995, registered under number 4024 and as included hereinafter.
GENERAL TERMS AND CONDITIONS WOOL AND NEEDLEWORK
1. General
1.1_ These general conditions of sale apply to all agreements regarding the sale of wool and needlework articles, whereby a seller organised in the Wool and Needlework Foundation is a party, unless agreed in writing otherwise. The terms and conditions will be sent to the purchaser upon first request.
1.2 Any terms referred to by the purchaser only apply if they have been acknowledged explicitly and in writing by the seller and in that case, to the extent that they are not in conflict with the seller’s general conditions of sale.
2. Realisation of the agreement
2.1 All offers and quotes by seller, unless the opposite is explicitly stated, are completely free of obligation.
2.2 An agreement is only realised as a result of the seller sending a written confirmation of the purchaser’s order, unless the seller started processing the order immediately after the purchaser’s assignment, in which case the invoice also counts as written confirmation of the agreement.
or:
2.2 An agreement is only realised, subject to written confirmation by the seller, if the seller has not notified the purchaser within 12 days of receipt of the order, that he will not accept it.
In case of written confirmation the content of the order confirmation counts as contents of the agreement.
3. Delivery
3.1 Delivery will take place in the manner as stated in the seller’s order confirmation or agreed otherwise. Purchaser declares to be familiar with the content and purport of the ICC Incoterms (latest version), to the extent that these are referred to by the seller in his order confirmation.
3.2 Unless agreed otherwise in writing, all costs, connected with transport and insurance of the goods delivered are to be paid by the purchaser.
4. Risk transfer
4.1 The risk of full or partial loss or perishment of the goods is transferred to the purchaser at the moment and place of delivery.
4.2 If the goods cannot be delivered due to circumstances, for which the seller is not responsible, the seller is considered to have met his obligation to deliver by having the goods ready and available for the purchaser, providing he has informed the purchaser of this within 3 days of these goods being ready for despatch. In this case the risk is herewith transferred to the purchaser.
5. Delivery time
5.1 The agreed delivery time is deemed to have been determined roughly and can never be considered as a statutory term, unless explicitly agreed in writing otherwise.
5.2 Seller is not in default with regard to delivery time until after he has been declared in default in writing by the purchaser, and the purchaser has hereby given him the opportunity to still deliver within a reasonable term and the seller has not acted upon this.
5.3 Seller is not liable for any damage as a result of non-timely delivery, if and to the extent that this non-timely delivery is due to circumstances that are not for the account nor risk of the seller, including non(-timely) performance by the seller’s suppliers.
6. Complaints
6.1 Purchaser is obliged to examine the goods at delivery for visual and/or directly perceivable faults. Regarded as such are all faults which can be established by means of normal sensory perception or a simple sample test. Furthermore, the purchaser is obliged to check whether the goods delivered are in conformance with the order on other points.
By not observing the check obligation the purchaser loses any claims on the seller.
6.2 Complaints regarding the goods supplied must be submitted in writing, and this at the latest 8 days after delivery or – in case of hidden defects – within 8 days after the faults could reasonably have been established. The complaint must contain a description of the defect and upon first request the seller must be given the opportunity to investigate the complaint. Complaints can never be exercised after one year from delivery.
6.3 Complaints can only be exercised with regard to goods that are still in the purchaser’s possession and in the state in which they were supplied, except if the complaint concerns hidden defects.
6.4 Minor deviations in quality that are considered permissible in trade or technically unavoidable deviations in quality, quantity, width, colour, finish, size, etc. cannot be reason for complaint.
6.5 Guarantees regarding colour-fastness, waterproofness, fast-dyedness, shrink-proofness and other technical qualities of the goods and regarding exclusiveness only apply to the extent that these were explicitly guaranteed by the seller in writing.
6.6 If the purchaser lodged a complaint with the seller in time and the seller has acknowledged this complaint, then the seller is only held to, at his discretion, delivery of the missing, replacement or repair of the good supplied or return of a proportional part of the cost price.
6.7 The purchaser’s obligation to pay is not suspended by lodging a complaint, unless the seller explicitly agrees with such a suspension.
6.8 Return despatches are not permitted without permission from the seller and are for the risk and account of the purchaser.
7. Payment
7.1 All payments must take place at the latest on the last day of the payment term (date of maturity) agreed, without discount or appeal to settlement, unless explicit written permission was given for this by the seller.
7.2 In case of payment by giro or bank the day of credit entry in the seller’s giro or bank account counts as the date of payment. Seller is not obliged to accept cheques and/or bills of exchange as payment.
7.3 Purchasers, who have not paid at the latest on the date of maturity, are in default without any summons from the side of seller being necessary. The seller is not obliged to notify the purchaser of the lapsing of a claim in advance.
7.4 In case the payment term is exceeded the purchaser is obliged to pay the seller interest of 0.5% of the amount due from the maturity day for each excess of the payment term by 14 days or part of 14 days.
7.5 If the seller hands the claim to a third party for collection, the purchaser will be held to, outside and except for this interest and any legal costs – including fees and expenses of lawyer, bailiff and/or other authorised representative – payment of all damage suffered by the seller. The extrajudicial costs will then amount to at least 15% of the amount to be collected.
7.6 All payments are ascribed to the oldest outstanding claim and the interest and extrajudicial collection costs involved.
7.7 Purchaser contracts to give, upon the seller’s first request, security if the seller has good reason to presume that the purchaser will not to meet his payment obligations.
This good reason will at least be deemed to be present if invoices that have meanwhile become due have remained unpaid or if the acceptance policy of any credit insurer involved gives reason for this.
8. Price
8.1 All sale prices or prices stated otherwise are net, without deduction or discount and excluding value-added tax or other levies.
8.2 The seller is always entitled to increase the price agreed, if and to the extent that after acceptance of the order by the seller, rights, premiums, taxes or freights to be paid by the seller have been increased, or currency changes to the prices of the materials and parts used by the seller give reason to do so.
9. Liability
9.1 Except for when intent or gross negligence can be proven by the purchaser the seller is not liable for damage, either direct, or indirect, caused by unsuitableness of the goods supplied by the seller.
10. Force majeure
10.1 In case of force majeure, which should also be taken to include impeding government measures, fire, strike, machine failure and transport obstructions the seller will notify the purchaser of this immediately and the purchaser will not be able to claim any damages.
10.2 During the seller’s force majeure fulfilment of the agreement is suspended, without prejudice to the right of the parties to come to an arrangement in mutual agreement regarding annulment or partial fulfilment of the agreement.
10.3 If fulfilment of the agreement is suspended by force majeure for longer than two months, both seller and purchaser are entitled to annul the agreement and to demand a reasonable reimbursement for the costs incurred from the other party. If the agreement has already been partially fulfilled by the seller this reasonable reimbursement will at least consist of the sale price of the goods supplied.
11. Resale
Sale of the goods supplied to resellers is not permitted, unless the seller has agreed with this is writing. The purchaser will only sell the purchased goods to private consumers.
12. Reservation of title
12.1 Seller preserves the ownership of all goods delivered and to be delivered to the purchaser by virtue of the agreement until:
a. the purchase price of all these goods has been paid by the purchaser in full,
b. the purchaser has paid all claims regarding work the seller has carried out for him within the scope of the particular agreement,
c. the purchaser has paid the seller’s claims due to failing to fulfil the particular agreements.
12.2 Purchaser is only authorised to transfer the goods falling under reservation of title to third parties within the scope of his normal operational management. This authority expires at the moment that suspension of payment has been applied for by the purchaser or the purchaser has been declared bankrupt. Under no circumstances may the purchaser allow the goods falling under reservation of title serve as security for claims from third parties.
12.3 The purchaser is obliged to show the supplied goods to the seller upon first request and return them to him in case of payment default, at least give the seller the opportunity to take the goods back.
13. Annulment
13.1 The seller has the right towards the purchaser, who has not paid in time, without prejudice to his other rights in accordance with the terms and conditions and/or the law to annul one, more or all of the running purchase agreements without legal intervention. The purchaser is hereby liable for all damage suffered by the seller, the cost of legal assistance included.
13.2 The seller is entitled to annul all agreements with the seller as soon as the purchaser has applied for suspension of payment or has been declared bankrupt. All the seller’s claims will then be immediately and fully payable.
14. Jurisdiction
14.1 Any disputes arising in connection with any legal relationship between purchaser and seller to which these conditions apply will only be adjudicated by the Court that is authorised in the district of the statutory or actual place of business of the seller, unless it concerns a dispute in which the law has appointed the cantonal judge as competent judge.
14.2 Dutch law applies to all agreements governed by these terms and conditions.
Payment must take place at the latest within 30 days of invoice date. Outstanding receivables are automatically transferred to our receivables collection and are subject to a monthly interest payment of 1.5% as well as the collection, and any legal costs - including fees and expenses of lawyer, bailiff and/or other authorised representative(s) - , which will then be at least 15% of the amount to be collected.
No goods will be supplied to resellers who are in arrears until full payment has taken place.
The goods will subsequently only be supplied cash on delivery. All goods remain the property of "The Stitch Company" until full payment has taken place.
Backorders
Undelivered items are taken in backorder and will be delivered with your next order, if available. The items marked with (*) behind the description are available as long as our stock lasts. If we have not received a new order within 3 months after the items were taken in backorder, the items will be delivered with 50% calculation of the shipping costs.
Return despatches
The receipt of faulty or damaged goods must be reported in writing (fax) to "The Stitch Company" within 8 days. Return of these goods may only take place after "The Stitch Company" has granted permission to do so.
Value-added tax (VAT)
Value-added tax number: NL863079805B01.
All net sale prices are excluding value-added tax. At invoicing the goods are charged with the VAT rate valid at the moment of delivery.
Request copy invoices
When you like to receive a copy of a previously sent invoice, you can send your request by e-mail. We calculate € 2,50 administration fee.
General terms and conditions Wool and Needle Work unless stated otherwise above the "General terms and conditions Wool and needlework" apply, as filed with the Chamber of Commerce offices in Utrecht on the 8th of February 1995, registered under number 4024 and as included hereinafter.
GENERAL TERMS AND CONDITIONS WOOL AND NEEDLEWORK
1. General
1.1_ These general conditions of sale apply to all agreements regarding the sale of wool and needlework articles, whereby a seller organised in the Wool and Needlework Foundation is a party, unless agreed in writing otherwise. The terms and conditions will be sent to the purchaser upon first request.
1.2 Any terms referred to by the purchaser only apply if they have been acknowledged explicitly and in writing by the seller and in that case, to the extent that they are not in conflict with the seller’s general conditions of sale.
2. Realisation of the agreement
2.1 All offers and quotes by seller, unless the opposite is explicitly stated, are completely free of obligation.
2.2 An agreement is only realised as a result of the seller sending a written confirmation of the purchaser’s order, unless the seller started processing the order immediately after the purchaser’s assignment, in which case the invoice also counts as written confirmation of the agreement.
or:
2.2 An agreement is only realised, subject to written confirmation by the seller, if the seller has not notified the purchaser within 12 days of receipt of the order, that he will not accept it.
In case of written confirmation the content of the order confirmation counts as contents of the agreement.
3. Delivery
3.1 Delivery will take place in the manner as stated in the seller’s order confirmation or agreed otherwise. Purchaser declares to be familiar with the content and purport of the ICC Incoterms (latest version), to the extent that these are referred to by the seller in his order confirmation.
3.2 Unless agreed otherwise in writing, all costs, connected with transport and insurance of the goods delivered are to be paid by the purchaser.
4. Risk transfer
4.1 The risk of full or partial loss or perishment of the goods is transferred to the purchaser at the moment and place of delivery.
4.2 If the goods cannot be delivered due to circumstances, for which the seller is not responsible, the seller is considered to have met his obligation to deliver by having the goods ready and available for the purchaser, providing he has informed the purchaser of this within 3 days of these goods being ready for despatch. In this case the risk is herewith transferred to the purchaser.
5. Delivery time
5.1 The agreed delivery time is deemed to have been determined roughly and can never be considered as a statutory term, unless explicitly agreed in writing otherwise.
5.2 Seller is not in default with regard to delivery time until after he has been declared in default in writing by the purchaser, and the purchaser has hereby given him the opportunity to still deliver within a reasonable term and the seller has not acted upon this.
5.3 Seller is not liable for any damage as a result of non-timely delivery, if and to the extent that this non-timely delivery is due to circumstances that are not for the account nor risk of the seller, including non(-timely) performance by the seller’s suppliers.
6. Complaints
6.1 Purchaser is obliged to examine the goods at delivery for visual and/or directly perceivable faults. Regarded as such are all faults which can be established by means of normal sensory perception or a simple sample test. Furthermore, the purchaser is obliged to check whether the goods delivered are in conformance with the order on other points.
By not observing the check obligation the purchaser loses any claims on the seller.
6.2 Complaints regarding the goods supplied must be submitted in writing, and this at the latest 8 days after delivery or – in case of hidden defects – within 8 days after the faults could reasonably have been established. The complaint must contain a description of the defect and upon first request the seller must be given the opportunity to investigate the complaint. Complaints can never be exercised after one year from delivery.
6.3 Complaints can only be exercised with regard to goods that are still in the purchaser’s possession and in the state in which they were supplied, except if the complaint concerns hidden defects.
6.4 Minor deviations in quality that are considered permissible in trade or technically unavoidable deviations in quality, quantity, width, colour, finish, size, etc. cannot be reason for complaint.
6.5 Guarantees regarding colour-fastness, waterproofness, fast-dyedness, shrink-proofness and other technical qualities of the goods and regarding exclusiveness only apply to the extent that these were explicitly guaranteed by the seller in writing.
6.6 If the purchaser lodged a complaint with the seller in time and the seller has acknowledged this complaint, then the seller is only held to, at his discretion, delivery of the missing, replacement or repair of the good supplied or return of a proportional part of the cost price.
6.7 The purchaser’s obligation to pay is not suspended by lodging a complaint, unless the seller explicitly agrees with such a suspension.
6.8 Return despatches are not permitted without permission from the seller and are for the risk and account of the purchaser.
7. Payment
7.1 All payments must take place at the latest on the last day of the payment term (date of maturity) agreed, without discount or appeal to settlement, unless explicit written permission was given for this by the seller.
7.2 In case of payment by giro or bank the day of credit entry in the seller’s giro or bank account counts as the date of payment. Seller is not obliged to accept cheques and/or bills of exchange as payment.
7.3 Purchasers, who have not paid at the latest on the date of maturity, are in default without any summons from the side of seller being necessary. The seller is not obliged to notify the purchaser of the lapsing of a claim in advance.
7.4 In case the payment term is exceeded the purchaser is obliged to pay the seller interest of 0.5% of the amount due from the maturity day for each excess of the payment term by 14 days or part of 14 days.
7.5 If the seller hands the claim to a third party for collection, the purchaser will be held to, outside and except for this interest and any legal costs – including fees and expenses of lawyer, bailiff and/or other authorised representative – payment of all damage suffered by the seller. The extrajudicial costs will then amount to at least 15% of the amount to be collected.
7.6 All payments are ascribed to the oldest outstanding claim and the interest and extrajudicial collection costs involved.
7.7 Purchaser contracts to give, upon the seller’s first request, security if the seller has good reason to presume that the purchaser will not to meet his payment obligations.
This good reason will at least be deemed to be present if invoices that have meanwhile become due have remained unpaid or if the acceptance policy of any credit insurer involved gives reason for this.
8. Price
8.1 All sale prices or prices stated otherwise are net, without deduction or discount and excluding value-added tax or other levies.
8.2 The seller is always entitled to increase the price agreed, if and to the extent that after acceptance of the order by the seller, rights, premiums, taxes or freights to be paid by the seller have been increased, or currency changes to the prices of the materials and parts used by the seller give reason to do so.
9. Liability
9.1 Except for when intent or gross negligence can be proven by the purchaser the seller is not liable for damage, either direct, or indirect, caused by unsuitableness of the goods supplied by the seller.
10. Force majeure
10.1 In case of force majeure, which should also be taken to include impeding government measures, fire, strike, machine failure and transport obstructions the seller will notify the purchaser of this immediately and the purchaser will not be able to claim any damages.
10.2 During the seller’s force majeure fulfilment of the agreement is suspended, without prejudice to the right of the parties to come to an arrangement in mutual agreement regarding annulment or partial fulfilment of the agreement.
10.3 If fulfilment of the agreement is suspended by force majeure for longer than two months, both seller and purchaser are entitled to annul the agreement and to demand a reasonable reimbursement for the costs incurred from the other party. If the agreement has already been partially fulfilled by the seller this reasonable reimbursement will at least consist of the sale price of the goods supplied.
11. Resale
Sale of the goods supplied to resellers is not permitted, unless the seller has agreed with this is writing. The purchaser will only sell the purchased goods to private consumers.
12. Reservation of title
12.1 Seller preserves the ownership of all goods delivered and to be delivered to the purchaser by virtue of the agreement until:
a. the purchase price of all these goods has been paid by the purchaser in full,
b. the purchaser has paid all claims regarding work the seller has carried out for him within the scope of the particular agreement,
c. the purchaser has paid the seller’s claims due to failing to fulfil the particular agreements.
12.2 Purchaser is only authorised to transfer the goods falling under reservation of title to third parties within the scope of his normal operational management. This authority expires at the moment that suspension of payment has been applied for by the purchaser or the purchaser has been declared bankrupt. Under no circumstances may the purchaser allow the goods falling under reservation of title serve as security for claims from third parties.
12.3 The purchaser is obliged to show the supplied goods to the seller upon first request and return them to him in case of payment default, at least give the seller the opportunity to take the goods back.
13. Annulment
13.1 The seller has the right towards the purchaser, who has not paid in time, without prejudice to his other rights in accordance with the terms and conditions and/or the law to annul one, more or all of the running purchase agreements without legal intervention. The purchaser is hereby liable for all damage suffered by the seller, the cost of legal assistance included.
13.2 The seller is entitled to annul all agreements with the seller as soon as the purchaser has applied for suspension of payment or has been declared bankrupt. All the seller’s claims will then be immediately and fully payable.
14. Jurisdiction
14.1 Any disputes arising in connection with any legal relationship between purchaser and seller to which these conditions apply will only be adjudicated by the Court that is authorised in the district of the statutory or actual place of business of the seller, unless it concerns a dispute in which the law has appointed the cantonal judge as competent judge.
14.2 Dutch law applies to all agreements governed by these terms and conditions.