Terms and conditions

Definitions

In these sales & delivery terms and conditions, the following definitions apply:

a. Client: the natural or legal person who has commissioned the supplier to perform work in the broadest sense of the word and in any form whatsoever; b. Supplier:

Globos Europe
Zekeringstraat 17A
1014 BM Amsterdam
The Netherlands
[email protected]
Tel: +31 20 2386049

General

• These delivery terms and conditions apply to all offers or quotations, the formation, content, and fulfillment of all agreements concluded between the client and the supplier;
• In addition to these delivery terms and conditions, supplementary conditions may apply if explicitly agreed upon in writing. In case of discrepancies between the supplementary conditions and these general terms and conditions, the provisions in the supplementary conditions shall prevail over these delivery terms and conditions unless otherwise agreed in writing;
• If these delivery terms and conditions apply to the formation, content, and fulfillment of all agreements concluded between the client and the supplier, they shall also apply to all new or resulting agreements between the parties without the need for further applicability declaration, unless expressly agreed otherwise in writing;
• If any provision of these delivery terms and conditions is void, annulled, or otherwise declared inapplicable, the remaining provisions shall remain fully in force. The parties shall agree on a replacement provision that, as much as possible, takes into account the purpose and scope of the void, annulled, or inapplicable provision(s);
• General (purchase) conditions of the client shall only apply if it has been explicitly agreed in writing that they shall apply to the agreement between the parties, to the exclusion of these delivery terms and conditions;
• Globos Europe reserves the right to amend and/or supplement these delivery terms and conditions;
• Globos Europe is entitled to transfer its rights and obligations under the agreement to a third party designated by it. The client hereby grants prior consent for this.

Quotations & offers

• Merely issuing a price quotation, budget estimate, pre-calculation, or similar communication, whether designated as an offer or not, does not obligate the supplier to conclude an agreement with the client.
• Offers from the supplier are always without obligation and can only be accepted without deviations. An offer is considered rejected if it is not accepted within one month unless another term applies. An offer is understood as a proposal made to the client to enter into an agreement, which is sufficiently defined so that an agreement is immediately formed upon acceptance;
• If the offer or quotation is accepted by the client or if the client places an order with the supplier without receiving an offer or quotation, an agreement is only concluded between the parties once the supplier has confirmed the order in writing to the client or, if the order is not confirmed in writing, once the supplier has commenced execution of the order.

Cancellation

• The client is entitled to cancel an agreement before the supplier has commenced execution, provided that they compensate the supplier for any damages incurred as a result. These damages include losses suffered and lost profits by the supplier and, in any case, costs already incurred by the supplier for preparation, such as reserved production capacity, purchased materials, engaged services, and storage.

Price

• All quoted prices are exclusive of value-added tax (VAT) and other government-imposed levies;
• The price quoted by the supplier for the performance to be delivered applies solely to performance in accordance with the agreed specifications.

Price changes

• The supplier is entitled to increase the agreed price if one or more of the following circumstances occur after the agreement has been concluded: increase in the cost of materials, semi-finished products, or services necessary for the execution of the agreement; increase in shipping costs, wages, employer’s charges, social security costs, costs related to other labor conditions, introduction of new or increased existing government levies on raw materials, energy, or residual materials; a significant change in exchange rate ratios, or generally comparable circumstances.
• If the price increase occurs within three months after the conclusion of the agreement, the client is entitled to terminate the agreement.

Payment terms

• Unless otherwise agreed, the client must pay the price and other amounts due under the agreement immediately upon receipt of the invoice via email, without claiming any discount, set-off, or suspension. In the event of late payment, the client is in default without requiring a notice of default from the supplier;
• The supplier is entitled, in the case of an agreed partial delivery, to request payment for the first part upon delivery, along with the payment for the entire delivery costs, such as typesetting, lithography, and proofs;
• The client is always obliged, regardless of the agreed payment conditions, to provide security for the payment of amounts due to the supplier upon first request. The provided security must adequately cover the claim, including interest and costs, and must allow the supplier easy recourse. If the security later becomes insufficient, it must be supplemented upon the supplier’s first request;
• If the client fails to pay on time, they shall owe statutory interest from the invoice date over the amount due. The supplier is authorized to charge one-twelfth of this interest for each month or part of a month that the client has not fully complied with their payment obligation;
• In the event of late payment, the client, in addition to the amount due and accrued interest, shall be liable for full compensation of extrajudicial collection costs, including legal fees, bailiff fees, and collection agency costs. If the client acts in the exercise of a profession or business or if the Decree on Compensation for Extrajudicial Collection Costs does not apply, these costs amount to 15% of the outstanding principal sum with a minimum of EUR 75. In all other cases, extrajudicial costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs or any replacement regulation.

Delivery method; retention of title

• The supplier is not responsible for storing goods unless explicitly agreed. If storage occurs, it is at the client’s risk and expense.
• Orders placed before 12:00 PM will be shipped the same day (via parcel service). Orders delivered on a pallet will be shipped the next day.
• For deliveries under €300, a delivery fee of €12.50 applies. For deliveries over €300, this does not apply. Delivery costs may vary for helium, balloon weights, and damask paper.
• Unless otherwise agreed, delivery takes place at the supplier’s business location, where the risk transfers from the supplier to the client;
• The supplier is not obligated to deliver manufactured goods in parts;
• The client must fully cooperate in receiving the goods under the agreement. The client will be in default if they fail to collect or accept the goods after the supplier’s first request;
• Each delivery is subject to retention of title until the client has fulfilled all obligations from this and previous agreements, including interest and costs;
• If transport is agreed, the costs are borne by the client unless otherwise agreed. The client always bears the transport risk. Acceptance by the carrier constitutes proof of receipt in good condition unless the contrary is noted on the bill of lading or receipt.

Delivery term

⦁ The delivery time depends on the destination and the size of the delivery, but it typically ranges from 1 to 2 days for delivery within the Netherlands.
⦁ A delivery term specified by the supplier, unless expressly stated in writing that it is a final term, is indicative only. The supplier is in default, even if a final term has been agreed upon, only after the client has issued a default notice;
⦁ The supplier’s commitment to a final delivery term becomes void if the client wishes to change the specifications of the work, or if a slight delay does not reasonably require the supplier to modify the originally planned production capacity;
⦁ The client is obligated to do everything reasonably necessary or desirable to enable the supplier to deliver on time, especially by responding promptly to any questions;
⦁ In case the client does not comply with the stipulations in paragraph 3 of Article 7, any agreed-upon final term becomes non-binding, and the client is in default without the need for a written default notice from the supplier. In this case, the supplier, without prejudice to any statutory rights, may suspend the performance of the agreement until the client has remedied this default. After that, the supplier will execute the agreement within a reasonable period.

Inspection at delivery

⦁ The client is obligated to promptly check whether the supplier has properly fulfilled the agreement after delivery and must immediately notify the supplier in writing ([email protected]) once they find otherwise. The client must conduct this inspection and provide the notification within 48 hours of delivery;
⦁ The client must count the boxes upon receipt and sign for them. The supplier will not accept any claims unless the client verifies the number of boxes. Any defects or damages must be noted on the delivery note, which must be signed and dated at the time of receiving the goods.
⦁ The performance of the agreement is considered acceptable between the parties if the client fails to conduct the inspection or provide the notification as stipulated in paragraph 1 of this article in a timely manner;
⦁ The performance of the supplier is considered acceptable in any case between the parties if the client has used, processed, or delivered the goods, or allowed them to be used, processed, or delivered to third parties, unless the client has adhered to the provisions in the first paragraph of this article.

Returns

⦁ All returns must be submitted to [email protected] within 14 days of receiving the goods. Returns will not be accepted without written confirmation from Globos Europe.

Force majeure

⦁ The supplier is not liable for any shortcomings in the fulfillment of the agreement if they are not due to their fault, or if they are not the supplier’s responsibility under the law, the agreement, or generally accepted practices;
⦁ Shortcomings in the fulfillment of the agreement by the supplier due to force majeure are not attributable to the supplier and do not give the client the right to cancel the agreement or claim damages. Force majeure situations include, but are not limited to: war, mobilization, riots, flooding, closed shipping routes, other transportation disruptions, delays or limitations in supply by public utilities, shortages of coal, gas, oil products, or other energy sources, fire, machine breakdown, and other accidents, strikes, lockouts, union actions, export restrictions, other government measures, non-delivery of necessary materials or semi-finished products by third parties, deliberate actions or gross negligence of assistants, and other similar situations;
⦁ In the case of force majeure, the supplier is entitled to suspend the execution of the agreement;
⦁ If the force majeure situation is deemed permanent, the supplier can cancel the agreement, either in full or in part, by sending a written declaration to the client, without the client having the right to claim damages from the supplier.

Liability

⦁ The supplier’s liability under the agreement with the client is limited to an amount that is reasonable and proportionate to the invoice amount;
⦁ The supplier is not liable for any damage of any kind that arises after the client has used, processed, or delivered the goods, or allowed them to be used, processed, or delivered to third parties;
⦁ The supplier is also not liable for indirect or consequential damage, such as lost revenue or reduced goodwill in the client’s business or profession;
⦁ If the supplier is held liable by a third party for any damage for which they are not liable under the agreement with the client or these terms and conditions, the client will fully indemnify the supplier against such claims.

Applicable law

⦁ The agreement between the supplier and the client is governed by Dutch law;
⦁ All disputes related to or arising from the offers, proposals, or agreements made with Globos Europe will exclusively be brought before the competent Dutch court in the jurisdiction where Globos Europe is established.

Intellectual property rights

⦁ Products and packaging supplied by Globos Europe are protected by intellectual and industrial property rights;
⦁ It is never allowed to duplicate or have third parties duplicate the supplied products and packaging;
⦁ If the recipient acts contrary to the preceding paragraph, Globos Europe reserves all rights to take legal action against the recipient.

The most recently published terms and conditions on the Globos Europe website are always applicable.

Images

Images can be downloaded after logging into the webshop and may ONLY be used for the sale of products from Globos Nordic, Globos Europe & WeFiesta. Please note that colors in images may not always match the actual product. The intellectual property of the images remains with Globos Europe.

Globos Europe B.V.
Zekeringstraat 17A
1014 BM Amsterdam
The Netherlands

[email protected]

+31 20 2386049

BTW-ID: NL860238271B01

IBAN: NL57 RABO 0344474062
SWIFT: RABONL2U