TERMS & CONDITIONS

Article 1. Generals

  1. These terms and conditions apply to every offer, quote and agreement between Arya Saffron and a Counterpart upon which User has stated the conditions applicable, as far as the parties do not deviate from the conditions either explicitly or written.
  1. The present terms and conditions apply likewise to the agreements with the User, where User needs third parties to get involved for the execution.
  1. These terms and conditions are written for the employees of the User as well as for and their managing board.
  1. The applicability of a possible purchase or different terms and conditions by the counterpart gets explicitly rejected.
  1. If one or more conditions are either nullified  or annulled partially or completely at any moment, all the other conditions stay then applying in full. User and the counterpart shall still get into consultation in order to agree on new conditions to replace the annulled one(s), where in as far as possible, the objective and the scope of the original provisions are respected.
  1. If there is uncertainty about the explanation on one or more provisions of these terms and conditions, the explanation should be given ‘to the spirit’ of these provisions.
  1. If there is a situation between parties that is not governed by these terms and conditions, then this situation must be assessed according to the spirit of these terms and conditions.
  1. If User does not always require strict compliance with these terms, this does not mean that its provisions do not apply or that User will, to some extent, lose the right to demand the punctual compliance with the terms of these Terms & Conditions.

Article 2. Quotes and offers

  • All offers and quotes by User are non-binding, unless the offer has been termed for acceptance. A quote or offer will expire if the product on which the quote or offer relates is in the meantime no longer available.
  • User cannot be kept to his offers or quotes if the Other Party can reasonably understand that the offers or quotes, or any part thereof, contain a manifest error or omission.
  • The prices quoted in a quotation or offer are exclusive of VAT and other charges charged by the government, any costs incurred under the agreement, including travel and subsistence, shipping and handling costs, unless otherwise stated.
  • If the acceptance differs from the offer offered in the quote, then User is not bound by it. The agreement will not be created in accordance with this deviating acceptance, unless otherwise indicated by the User.
  • A composite price listing does not require User to perform a portion of the contract against a corresponding part of the specified price. Offers or quotations do not automatically apply to future orders.

Article 3. Payments and collection costs

  • Payment must be made within 14 days of the invoice date, in a manner specified by the User in the currency in which it is invoiced, unless otherwise specified by User. User is entitled to periodically invoice.
  • If the other party fails in the timely payment of an invoice, the other party is in neglect by law. The other party is then liable to interest at 1% per month, unless the legal interest rate is higher, in which case the statutory interest is due. Interest on the payable amount will be calculated from the moment that the Other Party is in default until the full amount due is paid.
  • User has the right to conduce the payments made by the Other Party, primarily by deducting from the costs, then deducting from the accrued interest and finally deducting from the principle amount and current interest.
  • User may, without neglecting for doing so, refuse an offer to pay, if the Other Party designates another order in allocation of the payment. User may refuse full repayment of principal amount, unless the outstanding and current interest and collection costs are also met.
  • The Other Party is never entitled to settle the amount owed to it by the User.
  • Objections about the amount of an invoice do not suspend the payment obligation. The Other Party is neither entitled to Section 6.5.3 (Articles 231 to 247 Book 6 of the Dutch Civil Code) nor entitled to suspend payment of an invoice for another reason.
  • If the Other Party is either in lack or in neglect of (timely) fulfillment to its obligations, all reasonable costs for obtaining the principle amount will be paid by the Other Party out of any rights for not doing so. The extrajudicial costs are calculated on the basis of what is common in Dutch debt collection practice, currently the calculation method is according to Rapport Voorwerk II. However, if User has incurred higher costs for debt collection that were reasonably necessary, the actual costs incurred for reimbursement will be eligible. Any court and execution costs incurred will also be recovered from the Other Party. The other party is also subject to interest on the due collection charges.

Article 4. Return policy

  1. The Other Party can return a product within 14 days of the purchase date only if the product is still sealed. Shipping costs will not be refunded if shipping costs are paid. The Other Party then has to pay the shipping costs to return the product. The amount stated by User will be refunded within 30 days after receiving the returned article.

Article 1. Generals

1. These terms and conditions apply to every offer, quote and agreement between Arya Saffron and a Counterpart upon which User has stated the conditions applicable, as far as the parties do not deviate from the conditions either explicitly or written.

2. The present terms and conditions apply likewise to the agreements with the User, where User needs third parties to get involved for the execution.

3. These terms and conditions are written for the employees of the User as well as for and their managing board.

4. The applicability of a possible purchase or different terms and conditions by the counterpart gets explicitly rejected.

5. If one or more conditions are either nullified  or annulled partially or completely at any moment, all the other conditions stay then applying in full. User and the counterpart shall still get into consultation in order to agree on new conditions to replace the annulled one(s), where in as far as possible, the objective and the scope of the original provisions are respected.

6. If there is uncertainty about the explanation on one or more provisions of these terms and conditions, the explanation should be given ‘to the spirit’ of these provisions.

7. If there is a situation between parties that is not governed by these terms and conditions, then this situation must be assessed according to the spirit of these terms and conditions.

8. If User does not always require strict compliance with these terms, this does not mean that its provisions do not apply or that User will, to some extent, lose the right to demand the punctual compliance with the terms of these Terms & Conditions.

Article 2. Quotes and offers

All offers and quotes by User are non-binding, unless the offer has been termed for acceptance. A quote or offer will expire if the product on which the quote or offer relates is in the meantime no longer available.

User cannot be kept to his offers or quotes if the Other Party can reasonably understand that the offers or quotes, or any part thereof, contain a manifest error or omission.

The prices quoted in a quotation or offer are exclusive of VAT and other charges charged by the government, any costs incurred under the agreement, including travel and subsistence, shipping and handling costs, unless otherwise stated.

If the acceptance differs from the offer offered in the quote, then User is not bound by it. The agreement will not be created in accordance with this deviating acceptance, unless otherwise indicated by the User.

A composite price listing does not require User to perform a portion of the contract against a corresponding part of the specified price. Offers or quotations do not automatically apply to future orders.

Article 3. Payments and collection costs

Payment must be made within 14 days of the invoice date, in a manner specified by the User in the currency in which it is invoiced, unless otherwise specified by User. User is entitled to periodically invoice.

If the other party fails in the timely payment of an invoice, the other party is in neglect by law. The other party is then liable to interest at 1% per month, unless the legal interest rate is higher, in which case the statutory interest is due. Interest on the payable amount will be calculated from the moment that the Other Party is in default until the full amount due is paid.

User has the right to conduce the payments made by the Other Party, primarily by deducting from the costs, then deducting from the accrued interest and finally deducting from the principle amount and current interest.

User may, without neglecting for doing so, refuse an offer to pay, if the Other Party designates another order in allocation of the payment. User may refuse full repayment of principal amount, unless the outstanding and current interest and collection costs are also met.

The Other Party is never entitled to settle the amount owed to it by the User.

Objections about the amount of an invoice do not suspend the payment obligation. The Other Party is neither entitled to Section 6.5.3 (Articles 231 to 247 Book 6 of the Dutch Civil Code) nor entitled to suspend payment of an invoice for another reason.

If the Other Party is either in lack or in neglect of (timely) fulfillment to its obligations, all reasonable costs for obtaining the principle amount will be paid by the Other Party out of any rights for not doing so. The extrajudicial costs are calculated on the basis of what is common in Dutch debt collection practice, currently the calculation method is according to Rapport Voorwerk II. However, if User has incurred higher costs for debt collection that were reasonably necessary, the actual costs incurred for reimbursement will be eligible. Any court and execution costs incurred will also be recovered from the Other Party. The other party is also subject to interest on the due collection charges.

Article 4. Return policy

The Other Party can return a product within 14 days of the purchase date only if the product is still sealed. Shipping costs will not be refunded if shipping costs are paid. The Other Party then has to pay the shipping costs to return the product. The amount stated by User will be refunded within 30 days after receiving the returned article.