GENERAL TERMS OF SALE Success Tools v.o.f.

Article 1. Applicability

1.1 These General Terms of Sale (hereinafter: Terms) shall by exclusion of other general terms, if any, be applicable to all offers, orders and agreements of Success Tools v.o.f. (hereinafter: Success Tools). All activities of www.successtools.nl, www.books4wellness.com, www.eutools.be, www.seminars4success.nl, www.visitekaarten.com shall fall under the activities of Success Tools. These Terms have been filed at the Chamber of Commerce in Amsterdam under registration number 09138472. These Terms can also be consulted via the Internet, see: http://www.successtools.nl/

1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms.

1.3 It shall only be possible to deviate from these Terms in writing, in which case the other provisions shall remain unabridged in force.

1.4 All rights and claims as stipulated in these Terms and in further agreements, if any, on behalf of Success Tools shall also be stipulated on behalf of intermediaries called in by Success Tools and other third parties.

Article 2. Offers/agreements

2.1 All offers of Success Tools shall be free of engagement and Success Tools reserves explicitly the right to change the prices, in particular when this is necessary on the ground of (legal) prescription. See also article 3.6.

2.2 An agreement shall only be achieved after Success Tools has accepted your order. Success Tools shall be authorised to refuse orders or to attach special conditions to the delivery, unless explicitly otherwise provided. If an order is not accepted, Success Tools shall notify this within 10 working days after having received the order.

Article 3. Prices and payments

3.1 The prices stated for the products and services offered are in Euros, inclusive of VAT and exclusive of handling and dispatch costs, taxes, if any, or other levies, unless stated otherwise and agreed in writing.
3.2 Payment must be made without discount or compensation within 14 days after the invoice date if the deliveries are made within the Netherlands, and within 30 days after the invoice date if it concerns deliveries abroad, unless otherwise agreed in writing.

3.3 Payment can be made in (one of) the manner(s) as indicated at ordering. There could be made further conditions (of payment/order) to your order. At payment by bank or giro the date of payment shall apply as the date of crediting the giro and bank account respectively of Success Tools.

3.4 At exceeding the term of payment you shall be in default as of the day that payment should have been made and you shall owe a statutory default interest of 2.5% per month or part of a month on the outstanding amount as of that day. If payment is made after demanding by Success Tools, you will owe an amount of € 5 administration costs after the first demand, € 10 after the second demand and if Success Tools contracts out its claims for collection, you will owe also the collection costs, which amount to at least 15% of the outstanding amount, without prejudice to Success Tools being entitled to claim instead thereof the extrajudicial collection costs actually incurred.

3.5 If you are in default with any payment, Success Tools shall be authorised to suspend (the execution of) the agreement concerned and any agreements connected therewith, or to dissolve the same.

3.6 If the prices for the products and services offered rise in the period between the order and carrying out the same, you shall be authorised to cancel the order or to dissolve the agreement within 10 days after Success Tools having announced the price increase.

Article 4. Delivery

4.1 Delivery by Success Tools shall be made with due speed but at least within thirty (30) days after the order unless otherwise indicated by Success Tools. If delivery is not made in time, you will receive as soon as possible but at least within 10 working days after placing the order a notice and until the moment of delivery you will be entitled to dissolve the agreement free of charge by means of a written notice thereof to Success Tools. Exceeding the term of delivery will not entitle you to any compensation.

4.2 Delivery will be made at the moment that the product is taken into receipt by (or on behalf of) you.
Article 5. Retention of title

5.1 The title of delivered products shall be transferred only if you have paid everything you owe to Success Tools on the ground of any agreement. The risk of the products shall be transferred to you at the moment of delivery.

Article 6. Intellectual and industrial property rights

6.1 You must entirely and unconditionally respect all intellectual and industrial property rights attached to the products delivered by Success Tools.

6.2 Success Tools does not guarantee that the products delivered to you do not infringe on any (unwritten) intellectual and/or industrial property right of third parties.

Article 7. Complaints and liability

7.1 You will be under the obligation to inspect the delivered goods immediately upon delivery. Defects appeared, if any, must be reported to Success Tools not later than 14 days after discovery, in writing and well-founded.

7.2 If it appears that the products do not meet the agreement, Success Tools shall have the choice to replace the products concerned after having been returned or to refund the invoice price plus the paid shipping costs thereof.

7.3 If for whatever reason you do not want to purchase a product, you shall be entitled to return the product within 7 working days after delivery to Success Tools and to dissolve the agreement. In this case return shipments shall only be accepted if the packaging of the product is undamaged and, if applicable, the plastic sealing on the packaging has not been broken. Payment, if any, already received by Success Tools in this case will be refunded not later than 3 days after dissolution. The direct costs of returning will be for your account.

Article 8. Orders/communication

8.1 Success Tools shall not be responsible for misunderstandings, mutilations, delays or not proper coming over of orders as a result of using the Internet or any other communication means in the transactions between you and Success Tools, or between Success Tools and third parties, insofar as referring to the relation between you and Success Tools, unless and insofar it concerns intention or gross negligence of Success Tools.

Article 9. Force majeure

9.1 Without prejudice to the other rights to which Success Tools is entitled, it is entitled in case of force majeure, at its own discretion, to suspend carrying out your order, or to dissolve the agreement without any judicial intervention by way of notifying you this in writing and without Success Tools being held to any compensation, unless this would in reason and fairness be unacceptable in the given circumstances.

9.2 Force majeure shall be understood to mean every shortcoming that cannot be attributed to Success Tools since it cannot be blamed on its guilt and neither is for its account by virtue of the law, legal acts or generally accepted notions.

Article 10. Miscellaneous

10.1 If you state an address in writing to Success Tools, Success Tools shall be authorised to send to that address all orders unless you state in writing to Success Tools another address to which your orders must be sent.

10.2 When for a short or longer period Success Tools allows tacit deviations from these Terms, this shall be without prejudice to its right to demand yet direct and strict observance of these Terms. You shall never be able to assert any right on the ground of Success Tools adopting these Terms leniently.

10.3 If one or more of the provisions of these Terms or any other agreement with Success Tools violate any applicable legal prescription, the provision concerned shall be cancelled and it shall be replaced by a comparable provision to be established by Success Tools and legally permitted.

10.4 Success Tools shall be authorised to use third parties at carrying out your order(s).

Article 11. Applicable law and competent Court

11.1 Solely Netherlands law shall apply to all rights, obligations, offers, orders and agreements to which these Terms apply and to these Terms themselves.

11.2 All disputes between parties shall by exclusion be submitted before the competent Court in the Netherlands.

Success Tools v.o.f.
Botterweg 115
1113 GB Diemen
The Netherlands

Chamber of Commerce number 09138472
VAT number NL 8174.03.243.B01

Tel.: +31 (0)252 215829
Email: informatie@successtools.nl