In these General Terms and Conditions, the following definitions apply: 1.1. De-Stock: the general partnership (VOF) DE-STOCK.nl, also trading under the name De-Stock, established in Nieuwegein, registered with the Chamber of Commerce under number 97315761. 1.2. Buyer: any natural or legal person entering into an agreement with De-Stock. 1.3. Goods: all products traded by De-Stock, including residual stock, returns, overstock, B-grade, and other trade goods. 1.4. Written: communication by e-mail, post, or digital document.
2.1 These general terms and conditions apply to all offers, quotations, agreements, and deliveries of goods by De-Stock, unless expressly agreed otherwise in writing. 2.2 The buyer's general terms and conditions are expressly rejected. 2.3 By placing an order or accepting a quotation, the buyer agrees to these general terms and conditions.
3.1 All offers from De-Stock are without obligation, unless stated otherwise in writing. 3.2 An agreement is concluded at the moment the buyer accepts a written offer from De-Stock, or when De-Stock confirms or executes the order. 3.3 Obvious errors, typographical errors, or calculation errors do not bind De-Stock.
4.1 De-Stock primarily deals in residual stock, returned goods, B-grade, and/or overstock. 4.2 The buyer expressly acknowledges that these goods are delivered in their current condition ("as is"), with all visible and invisible defects. 4.3 Goods may show signs of use, damage, incomplete parts, or packaging defects. 4.4 The buyer must familiarize himself with the condition of the goods prior to purchase.
5.1 De-Stock provides no warranty on the delivered goods, unless otherwise agreed in writing. 5.2 De-Stock is not liable for any direct or indirect damage, consequential damage, loss of profit, business damage, or personal injury arising from the use, processing, or resale of the delivered goods. 5.3 If, despite the above, liability should arise, it is limited to the invoice amount of the relevant delivery.
6.1 Complaints must be reported to De-Stock in writing and substantiated (e.g., with photos) within 24 hours of receipt of the goods. 6.2 After the expiration of this period, the delivery will be considered irrevocably accepted. 6.3 Returns will only be accepted after prior written approval by De-Stock. 6.4 Return costs are always at the buyer's expense.
7.1 Delivery takes place from De-Stock's warehouse, unless otherwise agreed in writing. 7.2 The risk of loss, damage, or depreciation of the goods passes to the buyer at the moment of delivery, collection, or shipment.
8.1 All prices are exclusive of VAT, unless stated otherwise. 8.2 Payment shall be made prior to delivery, unless otherwise agreed. 8.3 In the event of exceeding the payment term, the buyer shall be in default by operation of law. In that case, De-Stock is entitled to charge statutory commercial interest and collection costs. 8.4 All delivered goods remain the property of De-Stock until full payment has been received.
9.1 As long as the buyer has not fully met his payment obligations, the delivered goods remain the property of De-Stock. 9.2 The buyer is not entitled to sell, pledge, or process the goods as long as they are subject to retention of title.
10.1 In the event of force majeure, De-Stock is entitled to suspend or dissolve the performance of the agreement without liability for damages. 10.2 Force majeure is understood to mean: any external cause that is reasonably beyond the control of De-Stock, such as transport problems, fire, theft, government measures, etc.
11.1 All intellectual property rights relating to the website, texts, images, and materials remain the property of De-Stock or its licensors. 11.2 Without written permission, it is not permitted to copy, distribute, or use these materials for commercial purposes.
12.1 All agreements between De-Stock and the buyer are governed exclusively by Dutch law. 12.2 Disputes shall be submitted exclusively to the competent court in the district of Noord-Holland, location Alkmaar.
13.1 De-Stock purchases and sells batches of goods on the assumption that the selling party has the right to trade these goods. 13.2 De-Stock is not responsible for any infringement of trademark rights, copyrights, design rights, patents, or exclusive distribution rights of third parties arising from the resale or sale of purchased goods. 13.3 The buyer acknowledges and accepts that De-Stock is free to sell the traded goods in any market and in any country, unless otherwise agreed in writing beforehand. 13.4 Any claims or restrictions by trademark holders, distributors, or other rights holders are at the risk of the original provider of the goods. 13.5 The buyer fully indemnifies De-Stock against all claims by third parties regarding (alleged) infringements of intellectual property rights or distribution restrictions, including all resulting damages, costs, and fines.
14.1 If any provision in these general terms and conditions is void or annulled, the remaining provisions shall remain in full force and effect. 14.2 De-Stock reserves the right to amend these general terms and conditions. The amended terms and conditions shall apply as soon as they are published on the website.
