General sales conditions
1. Unless otherwise agreed in writing, the legal relationship between the parties is governed by the terms and conditions that the customer declares to have acknowledged and which take precedence over the general conditions of the customer.
2. The price quotations and offers of Biopack BV, hereafter referred to as "Biopack", are based on the currently valid values of materials and raw materials, wages, energy costs, transport costs and exchange rate effects. If these are subject to changes, we reserve the right to change these prices proportionally. Biopack cannot be held to a quotation or offer if the quotation or offer contains a mistake or clerical error.
3. Orders and price quotations accepted by the representatives of Biopack are only binding after our written confirmation.
4. In the case of the cancellation of the order, the buyer is indebted a flat-rate compensation amounting to 15 % of the value of the order with a minimum of €100 if the order would be less than €500.
5. The delivery times are provided only as information, but they do not bind Biopack. In case of delay of the deliveries neither the buyer has right to compensation and nor can the agreement unilateral been terminated unless there are written agreements between both parties.
6. Our indemnification obligation with regard to defects in the delivered goods does not extend any further than those of our suppliers to ourselves.
7. The goods are being sent and delivered at the risk of the buyer. The transport costs are, unless otherwise determined, at the expense of the buyer.
8. If the buyer refuses the goods by delivery or does not collect it on the date communicated to him, we remain the right to, after a term of 15 days from this date, view this agreement as dissolved and this without prior notice. The predetermined compensation foreseen in article 4 of the current agreement remains applicable.
9. The storage of the goods pending the delivery or collection, happens at the risk of the buyer.
10. When Biopack because of force majeure, a strike, weather conditions, etc. is not in the possibility to carry out the agreement, we remain the right to terminate the agreement unilaterally without any compensation that may be claimed of us.
11. Biopack reserves the right to view the agreement legally and without prior notice as dissolved in case of bankruptcy, obvious insolvency of the buyer as well as any change in the legal status of the buyer.
12. Complaints regarding deliveries or collections must reach us within 8 days after the delivery of the goods and certainly before the use or the commissioning of the goods.
13. Any dispute concerning the invoice, the deliveries or the collections must be done by a registered letter to Biopack within 8 days after invoice date, shipping date of the goods or the execution of the work.
14. All invoices are payable in cash after invoice date unless a written agreement between parties. With cash payments are understood 8 days after receiving the invoice.
15. In the event of non-payment of invoices within the stipulated period, interest on arrears shall be owed from the due date by operation of law and without prior notice of default at the rate of 12% per annum of the invoice amount as well as a flat-rate compensation of 10% of the invoice amount with a minimum of €100. All costs of collection through the intervention of third parties shall be borne entirely by the buyer.
16. In case of non-payment we reserve the right to stop further deliveries or collections. We also reserve the right to consider the agreement as dissolved by operation of law and without prior notice of default for the whole or the part not yet performed.
17. According the legislation of the reservation of ownership all goods stay property of Biopack & Logistics until after the full payment of the invoice. The risk concerning the goods are however borne by the buyer from the moment of reception.
18. When ordering a customised product, for example a customised cardboard box or a paper carrier bag printed with the customer's logo, for production-technical reasons, more or less may be produced and delivered than ordered by the customer. This under- and over-delivery tolerance in case of custom-made production is maximum 15 %. We will invoice the actual number delivered.
19. As a customer, you have the right to return the goods within 14 days. The period starts on the day after the date of receipt. The cost of returning the goods shall be borne by the customer. The return must be made by sending a written request for return or by returning the goods. The goods must be delivered to us in good condition, complete, unopened and in the original packaging. You are liable for products that are damaged or show signs of use beyond what is necessary to determine the function, characteristics or nature of the product. If the product is not resaleable due to any damage or opening, Biopack is exempt from any compensation. We reserve the right to charge for this. Please note that certain volume discounts will be settled if they no longer apply. For example, if you received a volume discount for 5 boxes and you are now returning 3 boxes. Items in promotion, PLA products, customised products (with or without your logo) or items ordered specially for you will not be accepted as returns. We refer to our right of withdrawal for more information.