Terms of conditions: BQS B.V.
Art. 1 General
BQS Best Quality Service B.V. is located at Donker Duyvisweg 56, 3316BM Dordrecht, The Netherlands. Phone: +31786919542, Email: firstname.lastname@example.org
1. These terms and conditions apply to all BQS Best Quality Service B.V. - hereinafter referred to as "BQS" – with a third party, hereinafter referred to as "buyer" or "client" - concluded agreement (s), offers and tenders;
2. Conditions applied by the client or buyer may only apply to an agreement concluded between the parties, if these have been accepted in writing by BQS;
3. These general terms and conditions have also been filed at the Chamber of Commerce in Dordrecht under number 24353152
Art. 2 Offers and orders, come about of agreements
1. All quotations / offers from BQS are without obligation, unless they contain a term for acceptance. If a quotation / offer contains a proposal without obligation and this is accepted by the client or buyer, BQS is entitled to revoke the offer within two days after receipt of the acceptance. The offers are based on the information provided with the application from the client or buyer
2. Orders from buyers shall only bind BQS after the order has been confirmed in writing by BQS;
3. Changes in the agreement are only valid if this has been agreed in writing by BQS and the buyer;
4. Brochures, catalogs or other drawings and representations give a general impression of goods to be delivered. Described and depicted sizes, colors, designs, weights etc. are always approximate and never binding.
Art. 3 Delivery
1. The delivery times specified by BQS are always approximate;
2. BQS is authorized to make partial deliveries. Each partial delivery is considered as a separate delivery.
3. The packing list, shipping documents or similar document handed which is handed over to the buyer is deemed to give overview of the delivered goods and / or services in the correct condition and quantity.
4. If a certain delivery period has been agreed and / or that BQS will complete the work within a certain period, this period will be extended if and insofar as the client or buyer did not take care of all needed necessary preparations. This includes, for example, the supply of the correct quantities, models, colors and descriptions of the products which we need to process as described in the agreement;
5. If BQS receives instructions for the delivery of specially processed products (for example embroidery / printing) then the client is obliged to deliver workable materials of good quality.
6. If the products supplied by BQS deviate slightly from the proof or the sample - also in color difference up to 10% - then this cannot be regarded as a shortcoming of BQS.
7. All costs in connection with the work to be performed by BQS for the composition and processing of the items in art. 3.5 products are charged separately to the client, unless expressly agreed otherwise.
8. BQS is entitled to deliver a maximum of 10% more or less than the number of products agreed with the client /buyer as in this art. 3 intended as well as to be charged.
Art. 4 Indemnity rights of third parties
1. If BQS manufactures and / or embroider articles on the instructions of the buyer / client according to the drawing / model / sample or other examples and / or instructions from buyer, buyer / client indemnifies BQS against possible infringement of rights of third parties, including intellectual property rights such as copyrights etc.
2. The client / buyer indemnifies BQS against all agreements made by third parties in connection with damage suffered or to be suffered in connection with the work and / or goods delivered by BQS.
Art. 5. Delivered textile
Definition: delivered textile are fabrics or clothing which buyer has purchased elsewhere to have BQS embroider, print or process otherwise
1. Delivered textiles are provided with an embroidery or imprint at the buyer's / client’s risk. This means that if product failures are made, wash-problems or adhesion problems and / or other imperfections arise on the supplied textiles, this is not compensated to the buyer and / or compensated, unless otherwise agreed in writing with BQS.
Art. 6. Delivered artwork + property of printing forms and embroidery programs
1. BQS is not responsible for the loss, damage and disappearing of models, USB, CD’s or other carriers of artwork and originals supplied by client. BQS will not compensate damaged or missing of originals or carriers. (Buyer / client must therefore provide a copy and keep the original as security!)
Art. 7 Color differences
Small color differences regarding printing or clothing cannot be a reason for rejecting the delivered goods.
Art. 8 Complains
1. Any complaints must be made known to BQS in writing within 5 days of the delivery date.
2. BQS decides whether or not the complaint is well-founded on the basis of an investigation to be made by BQS. If the complaint is well-founded, BQS has the choice to replace the goods or to credit the buyer / client for an amount equal to the price payable by the buyer for the goods.
Art. 9 Payment
1. Payment of invoices invoiced by BQS to clients / buyers must be made within 8 days of the invoice date, unless otherwise agreed in writing;
2. BQS is entitled to demand a prepayment even if a payment term has been promised in the event of a previous agreement or confirmation
3. If BQS has agreed on a payment term, this must be regarded as the deadline;
4. In the absence of payment on the due date, buyer / client will be by law in default. In that case BQS's can claim the total amount, including invoices which the due date has not yet expired. Any discounts mentioned will then lapse and the buyer will owe the seller an interest rate of 1.5% per month, with a part of a month being considered as one month. Furthermore, buyer owes BQS all costs, both judicial and extrajudicial, which BQS had to make in order to settle his claim. The extrajudicial collection costs will be charged in the amount of 15% of the total amount due with a minimum of € 100.00. If the actual costs are higher than they will be charged to the buyer / client
5. Invoices are only sent digitally and thus completely replace the printed invoice.
Art. 10 Reservation of ownership
1. All delivered goods remain the property of BQS as long as the buyer / client has not paid the invoices, unless agreed otherwise.
Art. 11 Liability
1. BQS accepts no liability for the damage suffered by the client / buyer, except insofar as the client or buyer demonstrates that the damage is the result of an attributable shortcoming in the performance of its obligations and / or an unlawful act committed by it and none of the following limitations of liability occur.
2. Apart from the delivery of the products as included in the agreement with the client and the obligations as referred to in Article 2 and 3, BQS shall not be held to any performance towards the client.
3. BQS is not liable for any damage, direct or indirect and of whatever nature regardless of the manner in which it arose and the persons by whom the damage was caused, except to the extent that the damage is the result of intent or gross negligence of the management of BQS.
4. The compensation to which BQS might be obliged will never exceed the invoice value of the delivered goods with regard to which the damage occurred or as a result of which the damage was caused
Art. 12 Complaints
1. The buyer / client is obliged to inspect the work and / or the delivered goods immediately upon completion or delivery for visible defects and / or quantities. In case of visible defects and / or incorrect numbers, the client or buyer must notify the defects / incorrect quantities to BQS within a period of 48 hours after delivery or completion of the work, failing which the delivered goods and / or the work is deemed to have been accepted in good condition and quantity.
2. In case of invisible defects, a term of 30 days after delivery by BQS applies.
3. Complaints do not give the client / buyer the right to refuse or suspend payment.
4. If BQS has the opinion that a complaint has been correctly submitted, BQS has the right, after consultation with the client or buyer, to credit the invoice for a proportional part thereof or to repeat the agreement with the maintenance of the existing agreement, such under the obligation of the client or buyer to BQS at its request to return the rejected goods as free delivery. After the complaints have reached BQS in accordance with paragraph 1, BQS will, as soon as possible, set up an investigation at its own insight to determine the justification of the complain
5. There is no obligation to BQS related to a submitted complaint if the client or buyer has not fulfilled all his obligations towards BQS in time and in full
6. A complaint regarding delivered goods cannot affect previously delivered or yet to be delivered goods. Not even if these are or will be delivered to carry out in the same agreement;
7. A complaint cannot be accepted, if delivered goods are no longer in exactly the same condition as at the time of delivery.
8. BQS is entitled to refuse return shipments, unless the possibility of return has been explicitly agreed in advance.
9. If there is a slight difference in color, size, thickness or execution when re-ordering or renewing orders of the same items, there is no right of complaint on the part of the client or buyer
Art. 13 Suspension, dissolution and liability
1. BQS has - if buyer / client falls short or reasonably may be expected, that buyer / client will fail in the fulfillment of any agreement concluded between BQS and buyer / client - the right:
a. To demand immediate payment or advance payment from buyer / client for all current and yet to be concluded agreements;
b. to keep goods, materials, software or originals and possibly sell them for fulfillment. Sale will only take place after a period of at least 6 weeks after notification to buyer;
c. to suspend its obligations or to dissolve the agreement(s) in whole or in part.
2. BQS shall in no case be further liable than to reimburse the price charged by BQS for the specific damage causing good.
3. All liability of BQS, such as for trading loss, other indirect damage and damage as a result of liability towards third parties is hereby excluded;
4. BQS is not liable if goods prove unsuitable for the purpose for which buyer has purchased them. The buyer / client must therefore inform himself about the suitability of goods in advance.
5. Cancellation by buyer / client of agreements with BQS is only possible on payment of the full invoice amount to BQS
Art 14 Picture productions
BQS has the right to photograph items, which are produced, printed, embroidered etc. in the name of the buyer, to display them in brochures, catalogs, etc. to support the sale of BQS without any compensation or other repay to the buyer.
Art. 15 Force majeure
1. Force majeure means in these general terms any circumstance that may or may not be foreseeable by BQS, which permanently or temporarily prevents fulfillment of the agreement, as well as the impossibility of performance of the agreement as a result of shortcomings of engaged suppliers.
2. In case of impediment to the performance of the agreement as a result of force majeure, BQS is entitled to suspend or terminate the performance of the agreement for no more than 6 months without judicial intervention, without BQS being obliged to pay any compensation.
3. Force majeure means a shortcoming that cannot be attributed to BQS. This in any case includes a shortcoming as a result of:
- deconfiture and/or serious disruption of the production process at suppliers of BQS;
- work strike;
- special weather conditions;
- government measures, including import and export bans and import and export barriers;
4. If BQS has already partially fulfilled its obligations or only can fulfill partly its obligation upon entering into force majeure, it is authorized to invoice that part separately and the client or buyer is obliged to pay this invoice as if it were a separate agreement.
Art. 16 Warranty
1. BQS guarantees the reliability of its work and / or the delivered goods, with the understanding that BQS as a result of improperly performed work or not properly delivered goods for 3 months after completion of the work and / or delivery of the non-reliable goods will re-execute the agreed work and will replace or repair the items in question at the discretion of BQS. This only applies insofar as the liability of damage is not excluded in these general terms and conditions.
2. Defects that have arisen due to normal wear caused by improper or incorrect use or maintenance or after a change or repair made by the client / buyer or by a third party without the permission of BQS and / or commissioned by client, copper materials or methods used are not covered by the guarantee.
3. Warranty claims only exist if the client / buyer has fulfilled all its obligations towards BQS (both financially and otherwise) in time and in full.
4. In the case described in paragraph 1, the client / buyer must ensure that BQS can carry out the work originally agreed upon again.
5. If the client / buyer can rely on a manufacturer's guarantee provided by the manufacturer and / or supplier of the delivered goods, this guarantee will apply between the parties, in the understanding that the guarantee given by BQS can never have a larger size than these guarantees.
6. The present general terms and conditions apply equally to repair or replacement.
Art. 17 Disputes
1. Dutch law applies to all agreements to which these terms and conditions apply in whole or in part.
2. All disputes relating to or arising from the agreements concluded between the parties to which these Conditions apply will be submitted to the competent court in Rotterdam.
Art. 18 Return conditions
All goods can be returned to us within 100 days if they are unworn and in their original state and provided with the original labels and tags. This does not apply to items in sale or from collections.
There are a number of articles where we ask you not to return them for hygienic reasons. Fitting articles is of course allowed. If you want to return the item, make sure that you do not make the item dirty and return it to us in the - as far as reasonably possible - original condition and factory packaging. We ask you to add to the return shipment the order number and original or copy of the packing list Return costs per box are € 13.50