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Terms and conditions resellers

Article 1 - Scopes of application

In these conditions, "Heinen Delfts Blauw" means:
the private company with limited liability, Heinen Delftware Trading B.V .;
having its registered office in Amsterdam, the Netherlands;
office located at the address: Industrieweg 7, 3881 LB Putten, The Netherlands;
Registration in the Trade Register with Chamber of Commerce number: 70420742;
VAT number: NL 8583 11 781 B01;
These general terms and conditions apply to any distance contract and delivery concluded between Heinen Delfts Blauw and the buyer, who acts in the exercise of a profession or business (hereinafter referred to as: buyer). Any reference by the buyer to its own general or purchasing conditions and the applicability thereof is expressly rejected by Heinen Delfts Blauw.
By placing an order, the buyer accepts to be bound by these general terms and conditions and the buyer declares that they have been made available to him in such a way that he has been able to store them and that they are accessible to him for later inspection. He further declares that he has read and understands the general terms and conditions.
The general terms and conditions can be sent on request.

 

Article 2 - Establishment of the agreement

  1. The agreement is concluded at the time of receipt by Heinen Delfts Blauw of the acceptance of the offer by the buyer, by placing an order with Heinen Delfts Blauw.
  2. Heinen Delfts Blauw reserves the right not to (partially) accept orders without giving reasons.
  3. The buyer who provides (name and address) data in the context of the agreement guarantees that these are correct, complete and up-to-date. The buyer has the duty to report inaccuracies in provided or stated payment details to Heinen Delfts Blauw without delay.

Article 3 - Prices and payments

  1. The prices stated in the offer of products are (unless stated otherwise) exclusive of any VAT and in Euro, and are subject to printing and typesetting errors. The prices do not include shipping costs, which are stated separately.
  2. Within the payment term of 14 days, use can be made of the payment options stated on the invoice and the corresponding conditions.
  3. Any objections to invoices, specifications, descriptions and prices must be notified in writing to Heinen Delfts Blauw within 5 working days.
  4. All amounts charged to the buyer must be paid without discount or deduction.
  5. Recommended retail prices. Our company works with recommended retail prices, whereby we want to ensure that our carefully constructed Heinen Delft Blue brand does not become a plaything for price competition. We advise you to follow the suggested retail prices when selling offline, online and on the various marketplaces. You are free to offer our products at higher prices but not below the suggested retail prices. We will continue to ensure that this policy is also enforced.

Article 4 - Images and specifications

  1. All images of products as well as accompanying specifications, sizes and data as shown on the Heinen Delfts Blauw website are approximate only. The product ultimately delivered to the buyer may deviate to a certain extent from these images or specifications in terms of color, size, etc. This does not mean that the product does not comply with the agreement.

Article 5 - Delivery and risk

  1. Heinen Delfts Blauw will take the greatest possible care when receiving and executing orders.
  2. The place of delivery is the address that the buyer has provided to Heinen Delfts Blauw. Heinen Delfts Blauw is entitled to deliver in parts (partial deliveries), which it can invoice separately.
  3. The delivery period stated by Heinen Delfts Blauw is based on the prevailing circumstances at the time of concluding the agreement and commences at the time of the order confirmation to the buyer.
  4. Heinen Delfts Blauw strives for the communicated delivery term at all times.
  5. The buyer is not entitled to dissolve the agreement if Heinen Delfts Blauw exceeds the specified delivery term, unless the term has been exceeded such that the buyer cannot reasonably be expected to maintain (the relevant part of) the agreement.
  6. If an order cannot be executed, or only partially, the buyer will be notified of this as soon as possible after Heinen Delfts Blauw has taken note of this. In that case, the buyer has the right to dissolve the agreement (in part) without costs.
  7. In the event of dissolution in accordance with paragraphs 5 and 6 of this article, Heinen Delfts Blauw will immediately repay any amounts that the buyer may have paid to Heinen Delfts Blauw. Buyer is not entitled to compensation.
  8. The risk of damage or loss of the products lies with Heinen Delfts Blauw until the moment of delivery to the buyer, unless explicitly agreed otherwise. The burden of proof that a product is damaged or missing upon delivery lies with the buyer. This provision does not apply to international / cross-border contracts.
  9. For deliveries outside the Netherlands and deliveries of unique orders or a combination of these, different and / or additional provisions apply with regard to deliveries and risk, as stated in Articles 6 and 9.


Article 6 - Delivery of cross-border orders

  1. "Cross-border assignments" are understood to mean assignments that Heinen Delfts Blauw carries out for the buyer with a place of delivery outside the Netherlands. The relevant provisions apply, just like the other provisions of these general terms and conditions.
  2. The INCO terms 2010 of the International Chamber of Commerce apply for cross-border / international assignments. Unless expressly agreed otherwise, Heinen Delfts Blauw is responsible for the costs and the risk of damage or loss of the products until the products are placed on board the ship, as prescribed in the INCO term Free on Board (FOB ). From this "critical point", the costs and risk pass to the buyer.
  3. The burden of proof that a product is damaged or missing before delivery to the critical point lies with the buyer.

Article 7 - Retention of title

  1. If applicable, Heinen Delfts Blauw reserves the ownership of all products delivered by Heinen Delfts Blauw until the moment of full payment of the price of all products delivered or to be delivered by Heinen Delfts Blauw to the buyer (including any interest owed and / or costs), under the relevant agreement or previous or subsequent similar agreements.

Article 8 - Intellectual property

  1. Heinen Delfts Blauw guarantees, insofar as this is known, not to infringe the intellectual property rights of third parties.
  2. The buyer guarantees that he will not infringe any intellectual property rights of Heinen Delfts Blauw or suppliers of Heinen Delfts Blauw.

Article 9 - Delivery of unique orders

  1. "Unique orders" is understood to mean the products that Heinen Delfts Blauw manufactures or has manufactured on a specific order from the buyer. The relevant provisions apply, just like the other provisions of these general terms and conditions.
  2. Heinen Delfts Blauw strives for the agreed delivery period at all times. If this delivery period cannot be met due to unforeseen circumstances in the production process at Heinen Delfts Blauw, a satisfactory solution will be sought with the buyer. An order for unique products that has been put into production cannot be dissolved.
  3. For the delivery of unique assignments that cross borders, Heinen Delfts Blauw applies the conditions as described in article 6. Unless otherwise agreed, the buyer will make a down payment of 30% of the total amount, or prepayment of the start-up costs will be requested. In the event of an increase in one or more cost price factors, Heinen Delfts Blauw is entitled to increase the price, unless the increase was already known in the order confirmation.
  4. All drawings, templates, lithographs, designs, sketches, models, as well as the graphic design of (trade) names, brands, figurative elements and logos, produced by or on behalf of Heinen Delfts Blauw during the execution of the agreement, remain the (intellectual) property of Heinen Delft Blue.The buyer guarantees that the use of information, (trade) names, brands or otherwise provided by the buyer does not violate Heinen Delfts Blauw with legal regulations or the rights of third parties.
  5. The buyer fully indemnifies Heinen Delfts Blauw against all direct and indirect damage resulting from claims made by third parties towards Heinen Delfts Blauw. When an offer contains budgets, plans, catalogs or other documents, these remain the property of Heinen Delfts Blauw at all times and must be returned by the buyer on request. They may not be reproduced or made available to third parties for inspection without permission from Heinen Delfts Blauw. Heinen Delfts Blauw is, if necessary or desirable for the correct execution of the assignment, entitled to engage third parties. The costs of this will be passed on to the buyer in accordance with the quotations provided.

Article 11 - Liability

  1. Any liability of Heinen Delfts Blauw for damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit, all this except for intent or deliberate recklessness on the part of Heinen Delfts Blauw.
  2. Heinen Delfts Blauw is not liable for errors and / or omissions on the part of its suppliers, suppliers or auxiliary persons.
  3. If, for whatever reason, through no fault of Heinen Delfts Blauw, the buyer cannot or has not been able to receive a product because the requirements of art. 2 paragraph 3, Heinen Delfts Blauw is not liable for the damage resulting from this and is not obliged to deliver a replacement product.
  4. The liability of Heinen Delfts Blauw and therefore the amount of the compensation is always limited to a maximum of the invoice amount of the products concerned, or (at Heinen Delfts Blauw's choice) to the maximum in the relevant case by the liability insurance of Heinen Delfts Blauw. amount paid to her.
  5. The provisions of this article are without prejudice to Heinen Delfts Blauw's legal liability under mandatory legal provisions.

Article 12 - Complaints procedure

  1. Complaints about the implementation of the agreement must be reported to Heinen Delfts Blauw promptly, fully and clearly described via www.heinendelftsblauw.nl, telephone or customer service, after the buyer has discovered the defects.
  2. Complaints submitted to Heinen Delfts Blauw will be answered within a period of 10 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Heinen Delfts Blauw will reply within this period with a confirmation of receipt and an indication when the buyer can expect a more detailed answer.

Article 13 - Force majeure

  1. If Heinen Delfts Blauw is unable to fulfill its obligations towards the buyer due to a non-attributable shortcoming (“force majeure”), those obligations will be suspended for the duration of the force majeure situation.
  2. Force majeure on the part of Heinen Delfts Blauw is understood to mean any circumstance beyond the control of Heinen Delfts Blauw, as a result of which the fulfillment of (the relevant part of) its obligations towards the buyer is prevented, delayed or made uneconomic or as a result of which the fulfillment of these obligations is reasonable. cannot be expected of Heinen Delfts Blauw, including but not limited to strikes, transport disruptions, riots and war situations, natural disasters, theft, molestation, fire and the failure to (timely) fulfill the suppliers of Heinen Delfts Blauw.
  3. If the force majeure situation has lasted for at least three months, both parties have the right to dissolve the agreement in writing, in whole or in part.
  4. The parties will inform each other as soon as possible of a (possible) force majeure situation.

Article 14 - Dissolution

  1. In the event of a (provisional) suspension of payment, bankruptcy, cessation or liquidation of the buyer, Heinen Delfts Blauw has the right to dissolve all agreements with the buyer.
  2. If the buyer does not fulfill any obligation arising from the agreement properly or within a set period or in a timely manner, the buyer is in default and Heinen Delfts Blauw is entitled to dissolve the agreement or suspend payment without notice of default or judicial intervention. sufficiently secured.

Article 15 - Other provisions

  1. If any provision of these terms and conditions is declared invalid or non-binding, the other provisions will remain in effect and an alternative provision will be agreed upon in mutual consultation that corresponds as closely as possible to the old provision.
  2. The Vienna Sales Convention does not apply.

All agreements between Heinen Delfts Blauw and the buyer to which these terms and conditions apply, are exclusively governed by Dutch law, with the exception of the provisions of private international law regarding the applicable law.
The relevant Court has exclusive jurisdiction to hear disputes between Heinen Delfts Blauw and the buyer, unless Heinen Delfts Blauw prefers to submit the dispute to the competent court in the buyer's place of residence.

Heinen Delftware Trading B.V. 2019