GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
1.1. The definitions used in these General Terms and Conditions have the following meanings:
a) Delivery – physical delivery of the Products specified in the Order to you by the Seller, to the address provided, via the Carrier;
b) Working Day – any day from Monday to Friday, excluding public holidays in Poland;
c) Working Hour – a clock hour on a Working Day between 8:00 and 16:00;
d) You, the Customer – a natural person aged 18 or over, a legal person or an organisation without legal personality with general legal capacity, who places or intends to place an Order;
e) Civil Code – Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459, as amended);
f) Consumer – a natural person as referred to in Article 221 of the Civil Code who carries out a legal transaction with the trader that is not directly related to his or her business or professional activity;
g) Customer Account – the part of the Webshop where you may use the selected functions described in these General Terms and Conditions;
h) Products – movable goods that you can order via the Webshop and that are currently sold by the Seller;
i) Carrier – the entity delivering the Products on behalf of the Seller, namely: i. DPD Polska sp. z o.o. with registered office in Warsaw;
j) Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
k) General Terms and Conditions – these General Terms and Conditions for sales via means of distance communication and the provision of services by electronic means, drawn up in accordance with Article 8 of the Act on Electronic Services of 18 July 2002 (Journal of Laws of 2017, item 1219);
l) Registration – a one-off action by which you create your Customer Account using the available tools on the Webshop; by Registering, you enter into an agreement with the Seller for the management of your Customer Account;
m) Webshop – online catalogue operated by the Seller at www.multidop.com, through which you can obtain information about the products and request a quotation for the purchase of a specified quantity (via means of distance communication);
n) Seller – Multidop Plastics NV, Ambachtsstraat 8, 2450 Meerhout, Belgium. VAT BE 0442 735 912, info@multidop.com, www.multidop.com;
o) Party – you and the Seller, hereinafter jointly referred to as the 'Parties';
p) Sales Agreement – agreement for the sale of Products as defined in the Civil Code, concluded between you and the Seller. Our webshop does not have an effective order module, so no sales agreement is concluded upon your first quotation request. We will contact you with an offer. The Sales Agreement becomes effective once you agree to this offer;
q) Order – your declaration of intent containing the offer to purchase, by which you enter into the Sales Agreement;
r) Quotation Request – a request submitted by you via the webshop to obtain information about the price and availability of one or more Products, without any obligation to purchase.
2. GENERAL PROVISIONS
2.1. These General Terms and Conditions specify the principles of the services offered on www.multidop.com.
2.2. The Webshop on the Website is an ICT platform (a system that provides information about the Products and enables them to be selected remotely and a quotation request to be submitted; the webshop does not offer direct purchase, so requesting a quotation is not binding on either party).
2.3. The exclusive rights to the content made available in connection with the services offered via the Webshop, in particular copyright, the name of the Webshop (trade mark), the graphical components, software and database rights, are legally protected and are owned by the Seller or by entities that have entered into appropriate agreements with the Seller.
2.4. Information about the Products on the Webshop, in particular product descriptions, technical specifications or functional characteristics, does not constitute an offer but is regarded as an invitation to submit a quotation request.
3. QUOTATION REQUEST
3.1. You may request a quotation 7 days a week, 24 hours a day:
Via the quotation request form on the websites multidop.com and shop.multidop.com;
By e-mail to: info@multidop.com;
By telephone: +32 (0)14 43 57 18, +32 (0)14 43 58 00.
3.2. Your quotation request will be processed if you specify the quantity and select the payment method and delivery method. The Order must also contain your first name and surname or the first name and surname of the person you represent, as well as the delivery address.
3.3. We sell exclusively to registered businesses; you must provide your details and VAT number (Tax Identification Number) in the quotation request. If you confirm the Order after receiving the offer, you agree that the Seller will issue an unsigned VAT invoice and send it to you electronically.
3.4. By submitting the quotation request you agree to receive notifications about the processing of the quotation request at your specified e-mail address.
3.5. When completing the quotation request form on the Website, you must do so carefully. The data provided by you must be accurate and must enable the Seller to fulfil its obligations.
3.6. When you submit a quotation request, the computer system automatically generates an electronic confirmation of the quotation request, which is then sent to your specified e-mail address, with the General Terms and Conditions attached.
3.7. The confirmation of the quotation request that you receive as described in article 5.6 of these General Terms and Conditions is sent for information purposes only as additional proof of your quotation request, and is not equivalent to the execution of a sales agreement.
3.8. The Seller then verifies whether the quotation request contains all the data necessary for processing, checks when the requested Products are available and sends you an offer, specifically stating the Products requested by you and the delivery method and payment method. When you receive this message and give your approval, you are deemed to have entered into a Sales Agreement with the Seller for the ordered Products.
4. CANCELLATION OF THE ORDER
4.1. Once you have confirmed the offer as stated in article 3.8, orders can no longer be cancelled.
5. ORDER PROCESSING
5.1. The period until delivery includes the processing time and the delivery time, which depend on the chosen payment method, delivery method and place of delivery.
5.2. The processing time (the time needed to prepare the Products for dispatch or collection) is stated in the Order confirmation. If the processing time is not stated, the following generally applies:
For payment on delivery (cash on delivery) – up to 3 Working Days after confirmation of the Order as referred to in article 3.8 of these General Terms and Conditions;
For prepayment – up to 3 Working Days after the date on which your payment is credited to the Seller's account;
in accordance with article 5.3 of these General Terms and Conditions. The above processing times exclude the day on which the Seller confirms acceptance of the Order.
5.3. If the above processing times cannot be met, the Seller will inform you accordingly and indicate the possible processing time. In that case, you may, at your discretion, accept the proposed processing time or cancel the Order or part of it (withdraw from the Sales Agreement or part of it) by sending a relevant statement to the Seller's e-mail address: info@Multidop.com within 2 Working Days; if you do not submit this statement, the Seller will process the Order within the specified longer period.
5.4. The quantity of Products sold at discounted prices as part of sales promotions and seasonal sales is limited; such Orders are processed in order of receipt until the discounted products are sold out.
6. PRICES AND METHODS OF PAYMENT
6.1. The prices stated in the offer are in EUR.
6.2. The prices of the Products are exclusive of VAT.
6.3. The prices of the Products do not include fixed delivery costs or other costs, such as customs duties or excise duties.
6.4. The Seller informs you of the total price of the Products, the available delivery options and any additional costs, including delivery costs, before you confirm the Order (offer to purchase).
6.5. When placing the Order, the Seller informs you of the available methods of payment.
6.6. The payment period for the concluded Sales Agreement is as follows:
By bank transfer – immediately, but in any case no later than within 48 Working Hours after placing the Order.
6.7. The Parties may agree in specific cases to extend the payment period for the Products. A change to the payment period always requires the Seller's explicit written confirmation or a statement by e-mail.
6.8. If you do not make payment within the period referred to in article 6.6 of these General Terms and Conditions or within the period agreed for a specific Order in accordance with article 6.7 of these General Terms and Conditions, the Seller may terminate the Sales Agreement. After the payment deadline has expired without result, the Seller will send you the notice of termination on a durable medium (to your specified e-mail address or correspondence address).
6.9. For each Order, a relevant sales document (receipt or VAT invoice) is prepared, which is sent to you together with the ordered Products.
6.10. If you wish to receive an electronic sales document in PDF format, you may at any time request the Seller to send this document electronically by sending your request to: info@multidop.com. The Seller will send the electronic document to the e-mail address specified in the request within 7 days of issuing the Products.
7. DELIVERY
7.1. The ordered Products:
are delivered by the Seller to the address you have provided; or
are made available for collection at the Seller's premises, on Working Days, during Working Hours, after prior confirmation that they are ready for collection.
7.2. The Seller informs you that the ordered Products have been dispatched by e-mail with the following information: delivery address, Carrier details, consignment number and VAT invoice number (if applicable).
7.3. The expected delivery time of the Products by the Carrier is generally up to 2 Working Days after the date of dispatch. However, the delivery time depends on the weight and dimensions of the consignment. If the Products are to be delivered abroad, the expected delivery time is determined individually. The detailed delivery conditions of the Products by the Carrier are governed by the relevant contractual provisions of the Carrier.
7.4. If you do not collect the Products, the Seller may schedule an additional date for collection of the Products. If you do not collect the Products within the additional period set by the Seller, the Seller has the right to terminate the Sales Agreement. The Seller may submit the notice of termination of the Sales Agreement within 30 days of the originally scheduled delivery date of the Products.
7.5. The above-mentioned termination of the Sales Agreement shall be effected by submitting the notice of termination to your postal or e-mail address within the periods specified. In that case, the Sales Agreement shall be deemed void. The Parties shall immediately refund each other all performances under the Sales Agreement.
8. DELIVERY COSTS
8.1. You bear the delivery costs.
8.2. Payment for the delivery of the Products depends on the quantity, weight and dimensions of the ordered Products. The amount of the fixed delivery costs will be communicated to you when making the offer to purchase the Products, before concluding the Sales Agreement. This is paid together with the price of the Products.
8.3. All costs of shipping the Products abroad (including customs duties, excise duties, etc.) are paid by you.
9. RECEIPT OF THE CONSIGNMENT
9.1. When receiving the Products sent to your specified address, you must first check the external condition of the delivered consignment. If you notice mechanical damage or other signs indicating damage to the packaging, including the condition of the transport protection (e.g. damaged packaging of the Products, visible signs of opening, broken tape), you must categorically refuse the consignment and immediately notify the Seller.
9.2. If the external condition of the consignment is in order, you must check the contents in the presence of the Carrier's representative. If you have any comments about the condition, appearance or completeness of the received Products, you must draw up a damage report. The Carrier has the necessary forms and is obliged to certify any irregularities in the report.
9.3. If it is found that the consignment was damaged during delivery or if you believe that the quantity of delivered Products is incorrect, you must draw up a damage report in the presence of the Carrier's representative (if the Carrier does not have such a report, you must ensure that it is drawn up at another time). The damage report must contain the date and time of delivery and a description of the damaged or missing Products and packaging, and must be sent within 7 days of the delivery date to the Seller at the following correspondence address: Multidop, Ambachtsstraat 8, 2450 Meerhout, Belgium, or scanned and sent to: info@multidop.com. Photographs of the defects of the Products or packaging must be attached to the report.
9.4. The above instructions and recommendations are intended solely to make it easier for you to submit your claims. Failure to comply with them does not in any way affect your rights arising from defects in the Products under applicable law.
10. STATUTORY WARRANTY
10.1. The Products supplied to you by the Seller must be free from defects.
10.2. For the avoidance of doubt: no provision of these General Terms and Conditions shall be deemed to prejudice your rights as a Consumer under applicable Belgian law. If any such provision is found to exist, the provisions of Belgian law, in particular the Civil Code, shall apply.
10.3. If the Products prove to be defective and you are a Consumer, you may:
demand a reduction in price, or
withdraw from the agreement,
unless the Seller immediately and without significant inconvenience to you replaces the defective Products with a defect-free item or remedies the defect, provided that this limitation does not apply if the Products have already been replaced or repaired by the Seller or if the Seller has failed to fulfil the obligation to replace the item with a defect-free one or to remedy the defect.
10.4. You may demand that the Products be replaced with defect-free Products instead of the Seller remedying the defect, or demand that the defect be remedied instead of the Products being replaced, unless it is impossible to bring the Products into conformity with the agreement in the manner chosen by you, or if this would involve excessive costs in comparison with the method proposed by the Seller. When assessing whether the costs would be excessive, account shall be taken of the value of a defect-free item, the type and significance of the defect and the inconvenience suffered by you as a result of the other method of satisfying your claim.
10.5. You may not withdraw from the agreement if the defect is minor.
10.6. If the sold item is defective, you may demand replacement with a defect-free item or remedy of the defect. The Seller shall replace the defective item with a defect-free one or remedy the defect within a reasonable time and without significant inconvenience to you.
10.7. The Seller may refuse to comply with your request referred to in article 13.6 of these General Terms and Conditions if it is impossible to bring the defective item into conformity with the agreement in the manner chosen by you, or if this – in comparison with the second possible method of bringing the item into conformity with the agreement – would require excessive costs.
10.8. Your rights as a Consumer arising from defects in the Products or your rights under the implied warranty do not in any way affect your rights under the express warranty.
10.9. In accordance with article 558 of the Civil Code, claims under the implied warranty are excluded if you are an entrepreneur.
11. CHARACTERISTICS OF THE PRODUCTS
11.1. Descriptions of the Products and their main characteristics are included on the subpage of the Webshop concerning the relevant Products, hereinafter referred to as the 'Description'.
11.2. You can obtain more specific information about the Products by contacting the Seller, hereinafter referred to as the 'Information'.
11.3. In case of doubt, it shall be assumed that the Seller does not guarantee any specific characteristics of the Products if they are not expressly stated in the Description or Information.
11.4. For the avoidance of doubt: unless otherwise stated in the Description or Information, the Products are deemed not to be designed for use under extreme conditions.
11.5. The purchase of Products with parameters or characteristics other than those stated in the Description or Information is only possible by concluding an additional, separate agreement with the Seller.
12. COMPLAINTS
12.1. Complaints under the implied or express warranty should be sent to the following address: Multidop, Ambachtsstraat 8, 2450 Meerhout, Belgium, or by e-mail to: info@multidop.com.
12.2. To facilitate the handling of your complaint, your complaint should include the following information:
Your first name and surname or the name of your company;
Name of the Products;
Date of purchase of the Products;
Specific description or photographs of defects in the Products;
Time of occurrence of the defect.
12.3. These requirements are intended solely as recommendations and do not affect the validity of complaints if submitted without the recommended description.
12.4. The document (or a copy thereof) confirming the purchase of the Products in the Webshop must also be attached to the complaint.
12.5. If necessary to determine whether the Products are defective, the Products submitted must be delivered to the Seller's address when lodging the complaint.
12.6. The Seller has 14 days to deal with your complaint if you are a Consumer. You will be informed by e-mail, telephone or post of the recognition of your complaint. If you are not informed within this period whether or not your complaint has been recognised, it shall be deemed to have been recognised by the Seller.
12.7. You may submit a complaint concerning the operation of your Customer Account, the newsletter or the contact form to the Seller. The complaint may be submitted in electronic form. You should include your e-mail address and a description of the problem in your complaint. Where possible, the Seller will deal with the complaint immediately, but in any case no later than within 30 (thirty) days, and will respond via the e-mail address provided in the complaint.
13. PERSONAL DATA
13.1. www.multidop.com processes personal data of:
Customers (first name, surname, residential address, delivery address, e-mail, telephone number, company name, registered office, VAT number, computer IP address);
Potential Customers (computer IP address);
Persons who have registered a Customer Account (first name, surname, delivery address, residential address, e-mail, telephone number, company name, VAT number, computer IP address);
Newsletter recipients (first name, surname, company, e-mail, telephone number);
Persons contacting the Seller (first name, surname, company name, e-mail address);
hereinafter jointly referred to as 'Personal Data'.
13.2. The controller of the Personal Data is Multidop Plastics NV, established at Ambachtsstraat 8, 2450 Meerhout, Belgium.
13.3. Providing your Personal Data is voluntary, but in some cases may be necessary to request a quotation in the webshop. The scope of the data required for performance of the agreement is indicated in advance on the Webshop website and in these General Terms and Conditions.
13.4. With your consent, the e-mail address provided will be used for the marketing of the Seller's own Products and services. You may withdraw your consent at any time.
13.5. Your Personal Data is processed by the Seller for the following purposes: performance of Sales Agreements, in particular processing of Orders, shipments or deliveries of the Products; fulfilment of obligations under the express or implied warranty; collection of payments; direct marketing of the Seller's own services; sending the newsletter; providing full customer service, including technical troubleshooting and offering appropriate functions; tailoring the offer and customer experience, including advertisements, in the features of the Store; monitoring the activity of all or specific Customers; contacting Customers, in particular for purposes related to service provision, customer service and permitted marketing and advertising activities; conducting research and analyses to improve the quality of the available services; enforcing compliance with these General Terms and Conditions, assessing certain personal characteristics of the Customers and exercising other rights and contractual or legal obligations.
13.6. The Personal Data of Potential Customers is processed by the Seller for market analysis and for providing individual, tailored and relevant offers and content to Customers, storing the Products added to the shopping cart via the form in the Order, carrying out activities necessary prior to the conclusion of an agreement, providing full customer service including technical troubleshooting and offering appropriate functions; monitoring activity, conducting research and analyses to improve the quality of the available services; enforcing compliance with these General Terms and Conditions.
13.7. The Personal Data of persons acting on behalf of business Customers is processed for direct contact and the performance of Sales Agreements.
13.8. Personal Data of persons who register their Customer Account is processed for the following purposes: registration and management of their Customer Account; performance of Sales Agreements, in particular processing of Orders, shipments or deliveries of the Products; fulfilment of obligations under the express or implied warranty; collection of payments; direct marketing of the Seller's own services; sending the newsletter; providing full customer service, including technical troubleshooting and offering appropriate functions; tailoring the offer and customer experience, including advertisements, in the features of the Store; monitoring the activity of all or specific Customers; contacting Customers, in particular for purposes related to service provision, customer service and permitted marketing and advertising activities; conducting research and analyses to improve the quality of the available services; enforcing compliance with these General Terms and Conditions, assessing certain personal characteristics of the Customers and exercising other rights and contractual or legal obligations.
13.9. Personal Data of newsletter recipients is processed for the direct marketing of the Company's products and services.
13.10. Personal Data of persons contacting the Seller is processed in order to provide a response to the enquiry, including receiving relevant information about the Seller's products and services by e-mail, in accordance with the content of the enquiry.
13.11. Your Personal Data may be transferred by the Seller to third parties involved in the performance of the Sales Agreement to ensure that it can be properly performed, e.g. carriers, logistics companies or freight forwarders, or to companies providing IT services related to the software of the Webshop.
13.12. If you have consented to direct marketing of the Seller's products and services, e.g. if you are a newsletter recipient, your Personal Data may be transferred by the Seller to third parties for marketing communication purposes, e.g. Fresh Mail.
13.13. The Seller processes the Personal Data for the period necessary for the performance of the Sales Agreement, management of your Customer Account, sending the newsletter or responding to enquiries, within the periods prescribed by applicable law.
13.14. If you have provided your Personal Data to the Seller:
you may access and rectify such data in the cases described in articles 15 and 16 of the Regulation;
you may request its erasure or restriction of processing in the cases described in articles 17 and 18 of the Regulation;
you have the right to object to the processing of data and the right to data portability in the cases described in articles 20 and 21 of the Regulation;
you may lodge a complaint with the Inspector-General for the Protection of Personal Data if you believe that the processing of your personal data breaches the Regulation;
you may withdraw your consent to the processing of personal data for marketing purposes or your consent to profiling of personal data.
13.15. Use of the Store webpage involves sending requests to the server with the Webshop. The Seller may automatically acquire and record data sent to the server by your web browsers or devices, e.g. IP address, software and hardware parameters, pages visited, mobile device identification number and other data about the devices and use of the systems. The above data is acquired when you use the Webshop. The data recorded in server logs is not linked to specific persons using the Webshop and is not used by the Seller to identify you or the user.
13.16. The Seller may provide anonymised data to other entities, including partners of the Webshop, in order to determine whether the advertisements and services are attractive to Customers, to improve the quality and efficiency of the services provided by the Webshop or the said entities, or to participate in research studies.
13.17. Personal data of Customers and Potential Customers is not provided to other entities for marketing purposes.
13.18. The Seller implements technical and organisational measures to protect the processed Personal Data, appropriate to the risks and the category of data to be protected. In particular, the Seller protects data against unauthorised disclosure, acquisition by an unauthorised person, processing contrary to applicable law, as well as alteration, loss, damage or destruction.
13.19. The Seller applies the following technical measures to prevent the acquisition and modification of Personal Data transmitted electronically by unauthorised persons:
Protection of the data archiving system against unauthorised access;
Access to the Customer Account only after entering the individual login and password.
14. FINAL PROVISIONS
14.1. These General Terms and Conditions are effective from 13 July 2018.
14.2. All Products listed in the Webshop and their names are used solely for identification purposes and may be registered trademarks of relevant entities.
14.3. All matters not governed by these General Terms and Conditions are subject to the Civil Code and other laws, in particular – if you are a Consumer – also to the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2017, item 683). The provisions of these General Terms and Conditions do not exclude your rights as a Consumer arising from defects in the Products, to which you are entitled under generally applicable law. If the provisions of these General Terms and Conditions conflict with the provisions of generally applicable law granting you specific rights as a Consumer, the provisions of generally applicable law shall prevail.
14.4. The Seller is liable for non-performance or breach of contract, but if the other Party to the agreement is a business Customer, the Seller is liable only if it intentionally causes damage and solely to the extent of the actual damage suffered by the business Customer.
14.5. If it becomes necessary to amend these General Terms and Conditions due to a change in the method of payment, the methods and principles of Delivery, the conditions for concluding agreements, complaints procedures, necessary adjustments to clarify the provisions of these General Terms and Conditions, changes in generally applicable law and other provisions whose changes affect the performance of existing agreements, the Seller will inform you thereof at least 14 days before the changes take effect. In that case, the changes made shall in no way affect the rights acquired by you before the date on which such changes take effect, which means that existing agreements and concluded contracts shall be governed by the General Terms and Conditions applicable on the date on which they were concluded.
14.6. If you have a Customer Account and you do not accept the new content of these General Terms and Conditions, you must notify the Seller thereof within 7 (seven) days of the date on which you were informed of the change to these General Terms and Conditions. If you do not accept the new content of the General Terms and Conditions, the agreement for the management of your Customer Account will be terminated.
14.7. All Orders accepted for processing by the Seller before the date of amendment of these General Terms and Conditions will be processed in accordance with the General Terms and Conditions in force on the date on which you placed the Order.
GENERAL TERMS AND CONDITIONS OF DELIVERY AND PAYMENT
1. All sales are without exception subject to these conditions. Deviating conditions of our buyers are not recognised and are also invalid, even when included somewhere in the correspondence and not contradicted by us. By placing an order, the buyer acknowledges that only our sales conditions are authoritative.
Only deviations from these conditions confirmed by us are valid, and only to the extent specifically agreed upon by us. Oral or telephone commitments made by our customer or the customer's client must in all cases be confirmed by us in writing.
2. All prices are in euros and apply to ex-warehouse deliveries, excluding current VAT.
3. All quotations are without obligation, and subsequent orders need not be executed at the agreed price of previous orders. All orders are accepted by us on the condition that prices and sales conditions may be modified by us at any time. However, the buyer has the right to cancel any unexecuted order or part thereof within 8 days of the date of notification of the aforementioned change to the buyer.
4. All delivery times are without obligation, the stated delivery time is observed as closely as possible, partial deliveries are permitted and any resulting additional shipping costs are for the buyer's account. No claim for damages by the buyer can be made in any way whatsoever arising from an exceedance of the delivery time. The buyer remains obliged to take delivery of the ordered goods; any external cause which delays the delivery time releases us from our obligation to adhere to the delivery time.
5. Insofar as deliveries concern articles made according to the buyer's model or drawing, the orderer is liable for all patent or other third-party rights and for costs incurred by us. If third parties object to the delivery of such articles on the basis of any alleged or asserted right, we are entitled to immediately cease deliveries and demand compensation for costs incurred. We are never liable for any damages towards the buyer.
Moulds:
6.1 All moulds are and remain the property of Multidop Plastics NV, unless otherwise agreed in writing with the buyer. This also applies when the buyer has paid the mould costs in full or in part. If the mould costs have been paid by the buyer, Multidop Plastics NV undertakes not to use these moulds for deliveries to third parties, unless the buyer grants written consent.
6.2. Multidop Plastics NV reserves the right to destroy moulds three years after the date of the last order. An annual charge of 10% of the buyer's share in the mould costs may be invoiced for maintenance and storage expenses.
6.3. If the buyer provides a mould, it must be sent free of charge. These moulds are stored at the buyer's risk and remain at the disposal of Multidop Plastics NV. If the moulds have been manufactured according to instructions and/or drawings of Multidop Plastics NV, they must be delivered to Multidop Plastics NV immediately upon completion.
6.4. Multidop Plastics NV is not liable for damage to moulds, regardless of the cause.
6.5. Moulds owned by the buyer and located at the warehouse or production site of Multidop Plastics NV must be insured by the buyer. The buyer is responsible for taking out adequate insurance covering these moulds.
6.6. At the explicit request of the buyer, Multidop Plastics NV may include the relevant moulds in its own insurance policy. This is only possible if explicitly agreed in writing and stated on the relevant quotation or order confirmation. In that case, insurance is arranged on the basis of 60% of the assumed value of the moulds concerned, with the insurance costs charged on to the buyer.
7. Complaints of any nature must be submitted in writing within 8 days. Payment terms are not affected by this. Should manufacturing or material defects occur, we will, at our discretion, arrange for repair or replacement, or issue a credit note. We are not obliged to provide a replacement. We accept no responsibility for parts already processed by the buyer; we are never obliged to pay any compensation whatsoever on any grounds, and cancellation of the contract by the buyer is excluded.
We give no guarantee whatsoever regarding the colour of a product.
8. No delivery obligation exists on our part when our payment conditions are not met, in the event of unforeseen force majeure circumstances that make it impossible to fulfil our obligations, such as strikes at the production company, lockouts, fire, shortage of raw materials, materials or labour, war, etc., even if such circumstances could have been foreseen at the time of conclusion of the agreement.
9. Payment must be made within 30 days of the invoice date without discount. The invoice is dated on the day of delivery. We reserve the right to deliver cash on delivery or to require advance payment. If payment is not made within the period set by us, we may, without judicial intervention or notice of default, declare the sale dissolved, while our rights arising from non-performance remain undiminished. Moulds must be paid for by the buyer upon ordering.
In the event of exceeding the payment term, interest must be paid without any reminder being required, at the same rate as charged by private banks for open credit facilities. All related collection costs, including those of legal advisors, which in our judgement must be incurred, shall always be borne entirely by the buyer. These costs are to be paid in full without judicial intervention.
10. The goods remain our property until full payment has been made.
11. All disputes fall under the jurisdiction of the courts of the district in which the supplier's company is established.
12. You are contractually bound to the initial number of articles you have ordered, regardless of the timing and quantity per call-off. Should you wish to discontinue the cooperation at any point, you remain liable for the amount of the total order, even if you have not yet called off part of it.
GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
1.1. The definitions used in these General Terms and Conditions have the following meanings:
a) Delivery – physical delivery of the Products specified in the Order to you by the Seller, to the address provided, via the Carrier;
b) Working Day – any day from Monday to Friday, excluding public holidays in Poland;
c) Working Hour – a clock hour on a Working Day between 8:00 and 16:00;
d) You, the Customer – a natural person aged 18 or over, a legal person or an organisation without legal personality with general legal capacity, who places or intends to place an Order;
e) Civil Code – Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459, as amended);
f) Consumer – a natural person as referred to in Article 221 of the Civil Code who carries out a legal transaction with the trader that is not directly related to his or her business or professional activity;
g) Customer Account – the part of the Webshop where you may use the selected functions described in these General Terms and Conditions;
h) Products – movable goods that you can order via the Webshop and that are currently sold by the Seller;
i) Carrier – the entity delivering the Products on behalf of the Seller, namely: i. DPD Polska sp. z o.o. with registered office in Warsaw;
j) Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
k) General Terms and Conditions – these General Terms and Conditions for sales via means of distance communication and the provision of services by electronic means, drawn up in accordance with Article 8 of the Act on Electronic Services of 18 July 2002 (Journal of Laws of 2017, item 1219);
l) Registration – a one-off action by which you create your Customer Account using the available tools on the Webshop; by Registering, you enter into an agreement with the Seller for the management of your Customer Account;
m) Webshop – online catalogue operated by the Seller at www.multidop.com, through which you can obtain information about the products and request a quotation for the purchase of a specified quantity (via means of distance communication);
n) Seller – Multidop Plastics NV, Ambachtsstraat 8, 2450 Meerhout, Belgium. VAT BE 0442 735 912, info@multidop.com, www.multidop.com;
o) Party – you and the Seller, hereinafter jointly referred to as the 'Parties';
p) Sales Agreement – agreement for the sale of Products as defined in the Civil Code, concluded between you and the Seller. Our webshop does not have an effective order module, so no sales agreement is concluded upon your first quotation request. We will contact you with an offer. The Sales Agreement becomes effective once you agree to this offer;
q) Order – your declaration of intent containing the offer to purchase, by which you enter into the Sales Agreement;
r) Quotation Request – a request submitted by you via the webshop to obtain information about the price and availability of one or more Products, without any obligation to purchase.
2. GENERAL PROVISIONS
2.1. These General Terms and Conditions specify the principles of the services offered on www.multidop.com.
2.2. The Webshop on the Website is an ICT platform (a system that provides information about the Products and enables them to be selected remotely and a quotation request to be submitted; the webshop does not offer direct purchase, so requesting a quotation is not binding on either party).
2.3. The exclusive rights to the content made available in connection with the services offered via the Webshop, in particular copyright, the name of the Webshop (trade mark), the graphical components, software and database rights, are legally protected and are owned by the Seller or by entities that have entered into appropriate agreements with the Seller.
2.4. Information about the Products on the Webshop, in particular product descriptions, technical specifications or functional characteristics, does not constitute an offer but is regarded as an invitation to submit a quotation request.
3. QUOTATION REQUEST
3.1. You may request a quotation 7 days a week, 24 hours a day:
Via the quotation request form on the websites multidop.com and shop.multidop.com;
By e-mail to: info@multidop.com;
By telephone: +32 (0)14 43 57 18, +32 (0)14 43 58 00.
3.2. Your quotation request will be processed if you specify the quantity and select the payment method and delivery method. The Order must also contain your first name and surname or the first name and surname of the person you represent, as well as the delivery address.
3.3. We sell exclusively to registered businesses; you must provide your details and VAT number (Tax Identification Number) in the quotation request. If you confirm the Order after receiving the offer, you agree that the Seller will issue an unsigned VAT invoice and send it to you electronically.
3.4. By submitting the quotation request you agree to receive notifications about the processing of the quotation request at your specified e-mail address.
3.5. When completing the quotation request form on the Website, you must do so carefully. The data provided by you must be accurate and must enable the Seller to fulfil its obligations.
3.6. When you submit a quotation request, the computer system automatically generates an electronic confirmation of the quotation request, which is then sent to your specified e-mail address, with the General Terms and Conditions attached.
3.7. The confirmation of the quotation request that you receive as described in article 5.6 of these General Terms and Conditions is sent for information purposes only as additional proof of your quotation request, and is not equivalent to the execution of a sales agreement.
3.8. The Seller then verifies whether the quotation request contains all the data necessary for processing, checks when the requested Products are available and sends you an offer, specifically stating the Products requested by you and the delivery method and payment method. When you receive this message and give your approval, you are deemed to have entered into a Sales Agreement with the Seller for the ordered Products.
4. CANCELLATION OF THE ORDER
4.1. Once you have confirmed the offer as stated in article 3.8, orders can no longer be cancelled.
5. ORDER PROCESSING
5.1. The period until delivery includes the processing time and the delivery time, which depend on the chosen payment method, delivery method and place of delivery.
5.2. The processing time (the time needed to prepare the Products for dispatch or collection) is stated in the Order confirmation. If the processing time is not stated, the following generally applies:
For payment on delivery (cash on delivery) – up to 3 Working Days after confirmation of the Order as referred to in article 3.8 of these General Terms and Conditions;
For prepayment – up to 3 Working Days after the date on which your payment is credited to the Seller's account;
in accordance with article 5.3 of these General Terms and Conditions. The above processing times exclude the day on which the Seller confirms acceptance of the Order.
5.3. If the above processing times cannot be met, the Seller will inform you accordingly and indicate the possible processing time. In that case, you may, at your discretion, accept the proposed processing time or cancel the Order or part of it (withdraw from the Sales Agreement or part of it) by sending a relevant statement to the Seller's e-mail address: info@Multidop.com within 2 Working Days; if you do not submit this statement, the Seller will process the Order within the specified longer period.
5.4. The quantity of Products sold at discounted prices as part of sales promotions and seasonal sales is limited; such Orders are processed in order of receipt until the discounted products are sold out.
6. PRICES AND METHODS OF PAYMENT
6.1. The prices stated in the offer are in EUR.
6.2. The prices of the Products are exclusive of VAT.
6.3. The prices of the Products do not include fixed delivery costs or other costs, such as customs duties or excise duties.
6.4. The Seller informs you of the total price of the Products, the available delivery options and any additional costs, including delivery costs, before you confirm the Order (offer to purchase).
6.5. When placing the Order, the Seller informs you of the available methods of payment.
6.6. The payment period for the concluded Sales Agreement is as follows:
By bank transfer – immediately, but in any case no later than within 48 Working Hours after placing the Order.
6.7. The Parties may agree in specific cases to extend the payment period for the Products. A change to the payment period always requires the Seller's explicit written confirmation or a statement by e-mail.
6.8. If you do not make payment within the period referred to in article 6.6 of these General Terms and Conditions or within the period agreed for a specific Order in accordance with article 6.7 of these General Terms and Conditions, the Seller may terminate the Sales Agreement. After the payment deadline has expired without result, the Seller will send you the notice of termination on a durable medium (to your specified e-mail address or correspondence address).
6.9. For each Order, a relevant sales document (receipt or VAT invoice) is prepared, which is sent to you together with the ordered Products.
6.10. If you wish to receive an electronic sales document in PDF format, you may at any time request the Seller to send this document electronically by sending your request to: info@multidop.com. The Seller will send the electronic document to the e-mail address specified in the request within 7 days of issuing the Products.
7. DELIVERY
7.1. The ordered Products:
are delivered by the Seller to the address you have provided; or
are made available for collection at the Seller's premises, on Working Days, during Working Hours, after prior confirmation that they are ready for collection.
7.2. The Seller informs you that the ordered Products have been dispatched by e-mail with the following information: delivery address, Carrier details, consignment number and VAT invoice number (if applicable).
7.3. The expected delivery time of the Products by the Carrier is generally up to 2 Working Days after the date of dispatch. However, the delivery time depends on the weight and dimensions of the consignment. If the Products are to be delivered abroad, the expected delivery time is determined individually. The detailed delivery conditions of the Products by the Carrier are governed by the relevant contractual provisions of the Carrier.
7.4. If you do not collect the Products, the Seller may schedule an additional date for collection of the Products. If you do not collect the Products within the additional period set by the Seller, the Seller has the right to terminate the Sales Agreement. The Seller may submit the notice of termination of the Sales Agreement within 30 days of the originally scheduled delivery date of the Products.
7.5. The above-mentioned termination of the Sales Agreement shall be effected by submitting the notice of termination to your postal or e-mail address within the periods specified. In that case, the Sales Agreement shall be deemed void. The Parties shall immediately refund each other all performances under the Sales Agreement.
8. DELIVERY COSTS
8.1. You bear the delivery costs.
8.2. Payment for the delivery of the Products depends on the quantity, weight and dimensions of the ordered Products. The amount of the fixed delivery costs will be communicated to you when making the offer to purchase the Products, before concluding the Sales Agreement. This is paid together with the price of the Products.
8.3. All costs of shipping the Products abroad (including customs duties, excise duties, etc.) are paid by you.
9. RECEIPT OF THE CONSIGNMENT
9.1. When receiving the Products sent to your specified address, you must first check the external condition of the delivered consignment. If you notice mechanical damage or other signs indicating damage to the packaging, including the condition of the transport protection (e.g. damaged packaging of the Products, visible signs of opening, broken tape), you must categorically refuse the consignment and immediately notify the Seller.
9.2. If the external condition of the consignment is in order, you must check the contents in the presence of the Carrier's representative. If you have any comments about the condition, appearance or completeness of the received Products, you must draw up a damage report. The Carrier has the necessary forms and is obliged to certify any irregularities in the report.
9.3. If it is found that the consignment was damaged during delivery or if you believe that the quantity of delivered Products is incorrect, you must draw up a damage report in the presence of the Carrier's representative (if the Carrier does not have such a report, you must ensure that it is drawn up at another time). The damage report must contain the date and time of delivery and a description of the damaged or missing Products and packaging, and must be sent within 7 days of the delivery date to the Seller at the following correspondence address: Multidop, Ambachtsstraat 8, 2450 Meerhout, Belgium, or scanned and sent to: info@multidop.com. Photographs of the defects of the Products or packaging must be attached to the report.
9.4. The above instructions and recommendations are intended solely to make it easier for you to submit your claims. Failure to comply with them does not in any way affect your rights arising from defects in the Products under applicable law.
10. STATUTORY WARRANTY
10.1. The Products supplied to you by the Seller must be free from defects.
10.2. For the avoidance of doubt: no provision of these General Terms and Conditions shall be deemed to prejudice your rights as a Consumer under applicable Belgian law. If any such provision is found to exist, the provisions of Belgian law, in particular the Civil Code, shall apply.
10.3. If the Products prove to be defective and you are a Consumer, you may:
demand a reduction in price, or
withdraw from the agreement,
unless the Seller immediately and without significant inconvenience to you replaces the defective Products with a defect-free item or remedies the defect, provided that this limitation does not apply if the Products have already been replaced or repaired by the Seller or if the Seller has failed to fulfil the obligation to replace the item with a defect-free one or to remedy the defect.
10.4. You may demand that the Products be replaced with defect-free Products instead of the Seller remedying the defect, or demand that the defect be remedied instead of the Products being replaced, unless it is impossible to bring the Products into conformity with the agreement in the manner chosen by you, or if this would involve excessive costs in comparison with the method proposed by the Seller. When assessing whether the costs would be excessive, account shall be taken of the value of a defect-free item, the type and significance of the defect and the inconvenience suffered by you as a result of the other method of satisfying your claim.
10.5. You may not withdraw from the agreement if the defect is minor.
10.6. If the sold item is defective, you may demand replacement with a defect-free item or remedy of the defect. The Seller shall replace the defective item with a defect-free one or remedy the defect within a reasonable time and without significant inconvenience to you.
10.7. The Seller may refuse to comply with your request referred to in article 13.6 of these General Terms and Conditions if it is impossible to bring the defective item into conformity with the agreement in the manner chosen by you, or if this – in comparison with the second possible method of bringing the item into conformity with the agreement – would require excessive costs.
10.8. Your rights as a Consumer arising from defects in the Products or your rights under the implied warranty do not in any way affect your rights under the express warranty.
10.9. In accordance with article 558 of the Civil Code, claims under the implied warranty are excluded if you are an entrepreneur.
11. CHARACTERISTICS OF THE PRODUCTS
11.1. Descriptions of the Products and their main characteristics are included on the subpage of the Webshop concerning the relevant Products, hereinafter referred to as the 'Description'.
11.2. You can obtain more specific information about the Products by contacting the Seller, hereinafter referred to as the 'Information'.
11.3. In case of doubt, it shall be assumed that the Seller does not guarantee any specific characteristics of the Products if they are not expressly stated in the Description or Information.
11.4. For the avoidance of doubt: unless otherwise stated in the Description or Information, the Products are deemed not to be designed for use under extreme conditions.
11.5. The purchase of Products with parameters or characteristics other than those stated in the Description or Information is only possible by concluding an additional, separate agreement with the Seller.
12. COMPLAINTS
12.1. Complaints under the implied or express warranty should be sent to the following address: Multidop, Ambachtsstraat 8, 2450 Meerhout, Belgium, or by e-mail to: info@multidop.com.
12.2. To facilitate the handling of your complaint, your complaint should include the following information:
Your first name and surname or the name of your company;
Name of the Products;
Date of purchase of the Products;
Specific description or photographs of defects in the Products;
Time of occurrence of the defect.
12.3. These requirements are intended solely as recommendations and do not affect the validity of complaints if submitted without the recommended description.
12.4. The document (or a copy thereof) confirming the purchase of the Products in the Webshop must also be attached to the complaint.
12.5. If necessary to determine whether the Products are defective, the Products submitted must be delivered to the Seller's address when lodging the complaint.
12.6. The Seller has 14 days to deal with your complaint if you are a Consumer. You will be informed by e-mail, telephone or post of the recognition of your complaint. If you are not informed within this period whether or not your complaint has been recognised, it shall be deemed to have been recognised by the Seller.
12.7. You may submit a complaint concerning the operation of your Customer Account, the newsletter or the contact form to the Seller. The complaint may be submitted in electronic form. You should include your e-mail address and a description of the problem in your complaint. Where possible, the Seller will deal with the complaint immediately, but in any case no later than within 30 (thirty) days, and will respond via the e-mail address provided in the complaint.
13. PERSONAL DATA
13.1. www.multidop.com processes personal data of:
Customers (first name, surname, residential address, delivery address, e-mail, telephone number, company name, registered office, VAT number, computer IP address);
Potential Customers (computer IP address);
Persons who have registered a Customer Account (first name, surname, delivery address, residential address, e-mail, telephone number, company name, VAT number, computer IP address);
Newsletter recipients (first name, surname, company, e-mail, telephone number);
Persons contacting the Seller (first name, surname, company name, e-mail address);
hereinafter jointly referred to as 'Personal Data'.
13.2. The controller of the Personal Data is Multidop Plastics NV, established at Ambachtsstraat 8, 2450 Meerhout, Belgium.
13.3. Providing your Personal Data is voluntary, but in some cases may be necessary to request a quotation in the webshop. The scope of the data required for performance of the agreement is indicated in advance on the Webshop website and in these General Terms and Conditions.
13.4. With your consent, the e-mail address provided will be used for the marketing of the Seller's own Products and services. You may withdraw your consent at any time.
13.5. Your Personal Data is processed by the Seller for the following purposes: performance of Sales Agreements, in particular processing of Orders, shipments or deliveries of the Products; fulfilment of obligations under the express or implied warranty; collection of payments; direct marketing of the Seller's own services; sending the newsletter; providing full customer service, including technical troubleshooting and offering appropriate functions; tailoring the offer and customer experience, including advertisements, in the features of the Store; monitoring the activity of all or specific Customers; contacting Customers, in particular for purposes related to service provision, customer service and permitted marketing and advertising activities; conducting research and analyses to improve the quality of the available services; enforcing compliance with these General Terms and Conditions, assessing certain personal characteristics of the Customers and exercising other rights and contractual or legal obligations.
13.6. The Personal Data of Potential Customers is processed by the Seller for market analysis and for providing individual, tailored and relevant offers and content to Customers, storing the Products added to the shopping cart via the form in the Order, carrying out activities necessary prior to the conclusion of an agreement, providing full customer service including technical troubleshooting and offering appropriate functions; monitoring activity, conducting research and analyses to improve the quality of the available services; enforcing compliance with these General Terms and Conditions.
13.7. The Personal Data of persons acting on behalf of business Customers is processed for direct contact and the performance of Sales Agreements.
13.8. Personal Data of persons who register their Customer Account is processed for the following purposes: registration and management of their Customer Account; performance of Sales Agreements, in particular processing of Orders, shipments or deliveries of the Products; fulfilment of obligations under the express or implied warranty; collection of payments; direct marketing of the Seller's own services; sending the newsletter; providing full customer service, including technical troubleshooting and offering appropriate functions; tailoring the offer and customer experience, including advertisements, in the features of the Store; monitoring the activity of all or specific Customers; contacting Customers, in particular for purposes related to service provision, customer service and permitted marketing and advertising activities; conducting research and analyses to improve the quality of the available services; enforcing compliance with these General Terms and Conditions, assessing certain personal characteristics of the Customers and exercising other rights and contractual or legal obligations.
13.9. Personal Data of newsletter recipients is processed for the direct marketing of the Company's products and services.
13.10. Personal Data of persons contacting the Seller is processed in order to provide a response to the enquiry, including receiving relevant information about the Seller's products and services by e-mail, in accordance with the content of the enquiry.
13.11. Your Personal Data may be transferred by the Seller to third parties involved in the performance of the Sales Agreement to ensure that it can be properly performed, e.g. carriers, logistics companies or freight forwarders, or to companies providing IT services related to the software of the Webshop.
13.12. If you have consented to direct marketing of the Seller's products and services, e.g. if you are a newsletter recipient, your Personal Data may be transferred by the Seller to third parties for marketing communication purposes, e.g. Fresh Mail.
13.13. The Seller processes the Personal Data for the period necessary for the performance of the Sales Agreement, management of your Customer Account, sending the newsletter or responding to enquiries, within the periods prescribed by applicable law.
13.14. If you have provided your Personal Data to the Seller:
you may access and rectify such data in the cases described in articles 15 and 16 of the Regulation;
you may request its erasure or restriction of processing in the cases described in articles 17 and 18 of the Regulation;
you have the right to object to the processing of data and the right to data portability in the cases described in articles 20 and 21 of the Regulation;
you may lodge a complaint with the Inspector-General for the Protection of Personal Data if you believe that the processing of your personal data breaches the Regulation;
you may withdraw your consent to the processing of personal data for marketing purposes or your consent to profiling of personal data.
13.15. Use of the Store webpage involves sending requests to the server with the Webshop. The Seller may automatically acquire and record data sent to the server by your web browsers or devices, e.g. IP address, software and hardware parameters, pages visited, mobile device identification number and other data about the devices and use of the systems. The above data is acquired when you use the Webshop. The data recorded in server logs is not linked to specific persons using the Webshop and is not used by the Seller to identify you or the user.
13.16. The Seller may provide anonymised data to other entities, including partners of the Webshop, in order to determine whether the advertisements and services are attractive to Customers, to improve the quality and efficiency of the services provided by the Webshop or the said entities, or to participate in research studies.
13.17. Personal data of Customers and Potential Customers is not provided to other entities for marketing purposes.
13.18. The Seller implements technical and organisational measures to protect the processed Personal Data, appropriate to the risks and the category of data to be protected. In particular, the Seller protects data against unauthorised disclosure, acquisition by an unauthorised person, processing contrary to applicable law, as well as alteration, loss, damage or destruction.
13.19. The Seller applies the following technical measures to prevent the acquisition and modification of Personal Data transmitted electronically by unauthorised persons:
Protection of the data archiving system against unauthorised access;
Access to the Customer Account only after entering the individual login and password.
14. FINAL PROVISIONS
14.1. These General Terms and Conditions are effective from 13 July 2018.
14.2. All Products listed in the Webshop and their names are used solely for identification purposes and may be registered trademarks of relevant entities.
14.3. All matters not governed by these General Terms and Conditions are subject to the Civil Code and other laws, in particular – if you are a Consumer – also to the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2017, item 683). The provisions of these General Terms and Conditions do not exclude your rights as a Consumer arising from defects in the Products, to which you are entitled under generally applicable law. If the provisions of these General Terms and Conditions conflict with the provisions of generally applicable law granting you specific rights as a Consumer, the provisions of generally applicable law shall prevail.
14.4. The Seller is liable for non-performance or breach of contract, but if the other Party to the agreement is a business Customer, the Seller is liable only if it intentionally causes damage and solely to the extent of the actual damage suffered by the business Customer.
14.5. If it becomes necessary to amend these General Terms and Conditions due to a change in the method of payment, the methods and principles of Delivery, the conditions for concluding agreements, complaints procedures, necessary adjustments to clarify the provisions of these General Terms and Conditions, changes in generally applicable law and other provisions whose changes affect the performance of existing agreements, the Seller will inform you thereof at least 14 days before the changes take effect. In that case, the changes made shall in no way affect the rights acquired by you before the date on which such changes take effect, which means that existing agreements and concluded contracts shall be governed by the General Terms and Conditions applicable on the date on which they were concluded.
14.6. If you have a Customer Account and you do not accept the new content of these General Terms and Conditions, you must notify the Seller thereof within 7 (seven) days of the date on which you were informed of the change to these General Terms and Conditions. If you do not accept the new content of the General Terms and Conditions, the agreement for the management of your Customer Account will be terminated.
14.7. All Orders accepted for processing by the Seller before the date of amendment of these General Terms and Conditions will be processed in accordance with the General Terms and Conditions in force on the date on which you placed the Order.
GENERAL TERMS AND CONDITIONS OF DELIVERY AND PAYMENT
1. All sales are without exception subject to these conditions. Deviating conditions of our buyers are not recognised and are also invalid, even when included somewhere in the correspondence and not contradicted by us. By placing an order, the buyer acknowledges that only our sales conditions are authoritative.
Only deviations from these conditions confirmed by us are valid, and only to the extent specifically agreed upon by us. Oral or telephone commitments made by our customer or the customer's client must in all cases be confirmed by us in writing.
2. All prices are in euros and apply to ex-warehouse deliveries, excluding current VAT.
3. All quotations are without obligation, and subsequent orders need not be executed at the agreed price of previous orders. All orders are accepted by us on the condition that prices and sales conditions may be modified by us at any time. However, the buyer has the right to cancel any unexecuted order or part thereof within 8 days of the date of notification of the aforementioned change to the buyer.
4. All delivery times are without obligation, the stated delivery time is observed as closely as possible, partial deliveries are permitted and any resulting additional shipping costs are for the buyer's account. No claim for damages by the buyer can be made in any way whatsoever arising from an exceedance of the delivery time. The buyer remains obliged to take delivery of the ordered goods; any external cause which delays the delivery time releases us from our obligation to adhere to the delivery time.
5. Insofar as deliveries concern articles made according to the buyer's model or drawing, the orderer is liable for all patent or other third-party rights and for costs incurred by us. If third parties object to the delivery of such articles on the basis of any alleged or asserted right, we are entitled to immediately cease deliveries and demand compensation for costs incurred. We are never liable for any damages towards the buyer.
Moulds:
6.1 All moulds are and remain the property of Multidop Plastics NV, unless otherwise agreed in writing with the buyer. This also applies when the buyer has paid the mould costs in full or in part. If the mould costs have been paid by the buyer, Multidop Plastics NV undertakes not to use these moulds for deliveries to third parties, unless the buyer grants written consent.
6.2. Multidop Plastics NV reserves the right to destroy moulds three years after the date of the last order. An annual charge of 10% of the buyer's share in the mould costs may be invoiced for maintenance and storage expenses.
6.3. If the buyer provides a mould, it must be sent free of charge. These moulds are stored at the buyer's risk and remain at the disposal of Multidop Plastics NV. If the moulds have been manufactured according to instructions and/or drawings of Multidop Plastics NV, they must be delivered to Multidop Plastics NV immediately upon completion.
6.4. Multidop Plastics NV is not liable for damage to moulds, regardless of the cause.
6.5. Moulds owned by the buyer and located at the warehouse or production site of Multidop Plastics NV must be insured by the buyer. The buyer is responsible for taking out adequate insurance covering these moulds.
6.6. At the explicit request of the buyer, Multidop Plastics NV may include the relevant moulds in its own insurance policy. This is only possible if explicitly agreed in writing and stated on the relevant quotation or order confirmation. In that case, insurance is arranged on the basis of 60% of the assumed value of the moulds concerned, with the insurance costs charged on to the buyer.
7. Complaints of any nature must be submitted in writing within 8 days. Payment terms are not affected by this. Should manufacturing or material defects occur, we will, at our discretion, arrange for repair or replacement, or issue a credit note. We are not obliged to provide a replacement. We accept no responsibility for parts already processed by the buyer; we are never obliged to pay any compensation whatsoever on any grounds, and cancellation of the contract by the buyer is excluded.
We give no guarantee whatsoever regarding the colour of a product.
8. No delivery obligation exists on our part when our payment conditions are not met, in the event of unforeseen force majeure circumstances that make it impossible to fulfil our obligations, such as strikes at the production company, lockouts, fire, shortage of raw materials, materials or labour, war, etc., even if such circumstances could have been foreseen at the time of conclusion of the agreement.
9. Payment must be made within 30 days of the invoice date without discount. The invoice is dated on the day of delivery. We reserve the right to deliver cash on delivery or to require advance payment. If payment is not made within the period set by us, we may, without judicial intervention or notice of default, declare the sale dissolved, while our rights arising from non-performance remain undiminished. Moulds must be paid for by the buyer upon ordering.
In the event of exceeding the payment term, interest must be paid without any reminder being required, at the same rate as charged by private banks for open credit facilities. All related collection costs, including those of legal advisors, which in our judgement must be incurred, shall always be borne entirely by the buyer. These costs are to be paid in full without judicial intervention.
10. The goods remain our property until full payment has been made.
11. All disputes fall under the jurisdiction of the courts of the district in which the supplier's company is established.
12. You are contractually bound to the initial number of articles you have ordered, regardless of the timing and quantity per call-off. Should you wish to discontinue the cooperation at any point, you remain liable for the amount of the total order, even if you have not yet called off part of it.
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