Terms and conditions
These terms apply to all quotes, offers and agreements between Textielimporteur.nl and its business customers. We supply to businesses only; sales to consumers are not covered here.
01Applicability
These terms apply to every quote from Textielimporteur.nl and to every agreement arising from it, unless the parties have agreed otherwise in writing.
We expressly reject any purchasing terms or other conditions of the customer, unless we have accepted their applicability in writing.
02Quotes
Quotes are without obligation and valid for thirty days, unless the quote states another period. A quote is based on the data, specifications and quantities supplied by the customer; if these prove incorrect or incomplete, we may adjust the quote.
Every quote specifies the fabric, the making charge, the certification, the transport and the customs clearance separately. Costs not stated in the quote are not charged afterwards without prior consultation.
03Formation of the agreement
An agreement is formed when both parties have confirmed it in writing and the customer has given written approval of a physical sample. We start no production without an approved sample.
A request through the form on this website is a request for a quote and does not in itself create an agreement.
04Samples
The sample approved by the customer is the standard for the goods to be delivered. Deviations that are customary in textile production, such as minor differences in colour, weight or size within the agreed tolerances, do not constitute a defect.
The cost of a sample is set off against the order amount when the order is placed.
05Prices
All prices are in euros and exclusive of VAT, unless stated otherwise.
Between issuing the quote and delivery, raw material prices, exchange rates, freight rates, import duties or levies may change. If these demonstrably rise by more than five per cent, we may adjust the price proportionally. We report this as early as possible, and the customer may in that case terminate the agreement free of charge for the part not yet in production.
06Delivery and lead times
Lead times are an indication and start once the sample has been approved and all data needed for production is known to us. A stated lead time is not a strict deadline.
We deliver to the distribution centre or delivery address specified by the customer, including shipping, customs handling and transport, unless agreed otherwise.
If the production schedule deviates, we inform the customer as soon as possible, with a revised delivery schedule.
Risk in the goods passes to the customer upon delivery at the agreed address.
07Payment
Payment is due within thirty days of the invoice date, unless agreed otherwise. For a first order we may require a down payment.
If the payment term is exceeded, the customer is in default by operation of law and owes the statutory commercial interest, plus extrajudicial collection costs.
08Inspection and complaints
The customer inspects the delivered goods within fourteen days of delivery. Visible defects must be reported in writing within that period; non-visible defects within fourteen days of the moment they could reasonably have been discovered.
A complaint does not suspend the payment obligation. If a complaint is justified, we will remedy the defect, deliver again, or credit the relevant part of the invoice; that choice is ours.
09Retention of title
Delivered goods remain our property until the customer has paid everything owed under the agreement. Until then, the customer may not pledge the goods or give them as security to third parties.
10Liability
Our liability is limited to the amount invoiced for the delivery concerned, and in any event to the amount our insurer pays out in that case.
We are not liable for consequential loss, including lost profit, lost turnover and business interruption. These limitations do not apply in the event of intent or wilful recklessness on our part.
11Force majeure
Force majeure includes war, natural disasters, epidemics, government measures, import or export restrictions, strikes, power or transport failures, and blockage of shipping routes or ports.
If force majeure lasts longer than sixty days, either party may terminate the agreement for the part not yet performed, without either being liable for damages.
12Intellectual property
Designs, tech packs, logos and trademarks supplied by the customer remain the customer's property. The customer warrants that it is entitled to have these used and indemnifies us against third-party claims in that respect.
Designs, patterns and calculations we develop ourselves remain our property, unless agreed otherwise in writing.
13Governing law and disputes
All agreements are governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is excluded.
Disputes will be submitted to the competent court of the Midden-Nederland District Court, unless mandatory law designates another court. We first try to resolve a dispute by mutual agreement; to do so, contact us at info@textielimporteur.nl or call 0318 260 020.