Terms and Conditions
1.1 These general terms and conditions apply to all offers and deliveries with limited liability of Totality Concepts, established at Meander 251, 6825MC Arnhem, The Netherlands, registered in the trade register of the Chamber of Commerce under number 73361895.
1.2 In these general terms and conditions, “we” or “us / our” respectively means: Totality Concepts, established at Meander 251, 6825MC Arnhem, The Netherlands
1.3 In these general terms and conditions, “client” means: any natural person, partnership, general partnership or legal entity who places an order with us or concludes an agreement with us.
1.4 In these general terms and conditions, “terms and conditions” mean: these present general terms and conditions.
2.1 These terms and conditions apply to all our offers, quotations, deliveries, agreements, as well as the formation of agreements and other legal relationships between us and the client.
2.2 Any additions and / or changes are only valid if explicitly confirmed by us in writing
2.3 The client accepts these conditions without any reservation and to the exclusion of its own conditions that can under no circumstances be invoked against us
2.4 Our terms and conditions take precedence over those of the client, even if we have not explicitly rejected them.
2.5 In the event of invalidity of one or more provisions of these terms and conditions, the other provisions will remain in full force. The parties will consult on possible invalid provisions in order to make a replacement arrangement, on the basis that the purport of the agreement and these terms and conditions are preserved.
2.6 Dutch law applies to all our agreements.
2.7 We are at all times authorized to amend the general terms and conditions. Additions or changes will always be announced via the website under URL: https://totalityconcepts.com
3.1 All offers and quotations are without obligation unless explicitly agreed otherwise in writing.
3.2 The prices and quotations appearing in our offers, price lists, advertisements, letters or other advertising material are also without obligation.
3.3 The prices in the aforementioned offers and quotations are in Euro exclusive of VAT and shipping costs, unless otherwise agreed.
3.4 Prices stated in quotations and offers are based on the currency ratios applicable at the time.
3.5 We are entitled to revoke our offers within a period of 24 hours, even after the acceptance of the offer by the client, unless it contains a period for acceptance.
3.6 Quotations are based on the information provided to us by the client. Client guarantees the completeness and correctness of the information. Information should only be provided in writing.
3.7 Each offer is based on performance of the agreement under normal circumstances and during normal working hours.
4.1 All agreements are only concluded after they have been confirmed in writing by both parties.
4.2 Except for legal obligations to disclose certain data, the parties are obliged to maintain confidentiality with regard to the information received from the other party and results of a confidential nature obtained through processing.
5.1 Unless explicitly agreed otherwise, all our prices are in Euro exclusive of VAT and based on the cost prices valid at the time of the offer.
5.2 If a price has been agreed between us and the client in a foreign currency, the conversion rate to the Euro applies on the day of the order confirmation.
5.3 If it is agreed to grant a payment discount, this will be done in the manner as indicated by us.
6.1 Delivery time is understood to mean the term specified in the agreement within which the goods must be delivered.
6.2 Terms are always target terms and are not strict deadlines. Exceeding these terms does not oblige Totality Concepts to any compensation and does not entitle the buyer to terminate the agreement, unless there is intent or equivalent gross negligence on our part.
6.3 Under normal circumstances we try to deliver as soon as possible
6.4 Early delivery is allowed at all times.
6.5 The delivery time has been determined under the condition that the circumstances under which work can be performed by us remain the same as at the time of the conclusion of the agreement and that the necessary materials and / or parts are delivered to us on time.
6.6 Exceeding the delivery time, for whatever reason, will not entitle the client to: compensation, non-fulfillment of any obligation under the agreement or to claim dissolution.
6.7 The client is obliged to take delivery of the goods at the moment that Totality Concepts delivers them or has them delivered to him, or at the moment when they are made available to him in accordance with the agreement.
7.1 Unless otherwise agreed in writing, the invoice amount must be paid 100% in advance for new customers.
7.2 Payment is made by bank transfer to a bank or giro account number indicated by us on the invoice.
7.3 Assignments are only started upon receipt of payment
8.1 All complaints must be made known to us in writing and accurately stating the nature of the problem.
8.2 Complaints with regard to the invoiced amounts must be submitted to us in writing within eight working days after receipt of the invoice.
8.3 Complaints with regard to delivered products must be submitted to us in writing within eight working days after receipt of the products.
8.4 Complaints of any kind do not suspend the client’s payment obligation.
8.5 Complaints will not be handled if third parties have changed something to the product without our written permission.
8.6 Return of the delivered products can only take place after prior written permission from us, under conditions to be determined by us.
8.7 Complaints must be based on an average sample of the delivery and not a single piece or unit.
8.8 The client is obliged to give us the opportunity to investigate the circumstances of use and / or storage.
8.9 If the client does not cooperate, the complaint will not be processed.
8.10 After detecting any defect, the client is obliged to discontinue the use, treatment or processing of the products concerned in order to prevent further damage.
8.11 If the complaint is found to be well-founded, Totality Concepts will be given the opportunity, where possible, to remedy the complaint.
9.1 Unless the damage is caused by intent or gross negligence on the part of us, our management staff or liability ensues from Title 3, Section 3, Book 6 of the Dutch Civil Code, we are never liable for consequential damage of the client, including trading loss or environmental damage, immaterial damage, or damage. as a result of incorrect information and damage due to poor quality raw materials, interaction of substances or incorrect use, as well as errors or changes in advertisements, printed matter, labels, etc. supplied by or on behalf of the client.
9.2 Totality Concepts must be given the opportunity to repair damage as referred to in the previous paragraph before it can be held liable for this.
9.3 Totality Concepts is not liable for damage to raw materials and other goods supplied by or on behalf of the client, of which Totality Concepts has not become the owner.
9.4 We do not accept any liability for consequential damage.
9.5 We are not liable for any defects after applying your own brand to a product.
9.6 The client is obliged to take all possible care of the correct storage and handling of the products supplied by us.
10.1 Cancellation of an order after acceptance by the client cannot be accepted by Totality Concepts.
11. Applicable law
11.1 All agreements concluded under these terms and conditions and agreements resulting from them are in principle governed by Dutch law. More specifically, the provisions of the Dutch Civil Code.
11.2 All legal claims of the client under an agreement subject to these terms and conditions will lapse, subject to provisions of mandatory law, after the lapse of 6 months, to be calculated from the day on which the goods were delivered or should have been delivered or from the day that the work were completed or should have been completed.