Terms & Conditions
General terms and conditions GENERAL TERMS & CONDITIONS OF SUPPLY AND SALE TO NON-CONSUMERS OF: Mad Party Games, Maashaven Zuidzijde 2, 3081AE Rotterdam, the Netherlands.
1. Definitions
In the present General Terms & Conditions the following terms are used in the meanings set out below, unless expressly stated otherwise: The supplier:Mad Party Games , Maashaven Zuidzijde 2, 3081AE Rotterdam, the Netherlands; The buyer: the other party to the supplier, acting in the course of his/her profession or business; agreement: the agreement concluded between the supplier and the buyer.
2. General
1. The provisions of the present Terms & Conditions apply to all offers and all agreements concluded between the supplier and the buyer, insofar as parties have not expressly agreed to depart from said Terms & Conditions in writing.
2.These conditions apply only for the supplier and buyer. No other person has the right to use them.
3. The conditions of this game should not be changed or applied for other purposes.
3. Offers and quotations
1. The supplier cannot be charged or accused for his offers if only the opposite party reasonably understands that it contains an obvious content mistake or writing mistake.
2. Delivery periods made by the supplier in offers/ quotations are approximate and if exceeded do not give the buyer the right to terminate the agreement or to claim compensation for loss or damage unless expressly agreed otherwise.
3. The prices of the offer do not include taxes and other cost such as administration cost and transportation costs unless it states that it does.
4. The supplier is not committed to mention a price statement.
5. The current offers/quotations do not automatically apply to follow-up orders in the future.
4. Ordering
You may only order goods from www.madpong.com if you are aged 18 years or older.
5. Delivery
1. Delivery is ex factory/shop/warehouse of the supplier – Ex Works (Incoterms 2000).
2. The buyer is obliged to accept the goods at the moment of delivery by the supplier or by a person acting for or on the supplier's behalf.
3. In the event that the buyer refuses acceptance or has failed to provide information or instructions that are necessary for delivery, the supplier reserves the right to store goods at the buyer's risk and expense.
4. In the event that the supplier requires the information from the buyer during the performance of the agreement, the delivery period shall only commence after the buyer has received the required information.
6. Duration of the contract
1. The agreement between the supplier and the buyer is for an indefinite time unless both parties decide to agree other wisely.
2. Concerning an order from the the buyer it is mentioned that the buyer should pay the forwarding-charges only if mentioned.
3. If as necessary for performance of the agreement the the supplier has the right to have work carried out by third parties.
4. The supplier is entitled to lead the agreement in different phases.
5. If during the execution of the agreement a major change should be made then both parties should consult each other.
6. When the agreement is implemented in several phases then the supplier can suspend the execution of the next phase only if the buyer agrees, with the approval of the buyer.
7. The price which is agreed between the supplier and the buyer should not be changed under any circumstances.
7. Suspension of the agreement
1. The supplier has the right to suspend performance of the obligations or terminate the agreement in the event that: - The buyer fails accomplish it obligations on time. - The buyer fails accomplish it obligations under the agreement then the supplier is entitled to dissolve the agreement and ask for compensation.
2. In case the supplier dissolves the contract then the supplier must pay all damages and costs to the buyer.
3. In case of the buyer dissolves the contract the buyer must pay all damages and costs to the supplier.
8. Force majeure
1. With the word Force majeure one understands all external causes that are foreseen or unforeseen, that The supplier can not influence it. Force majeure means here also if the workers of The supplier strike.
2. During the period of force majeure the the supplier can postpone his/her obligations for a certain period no longer than 13 weeks.
3. In the event that the circumstances occur before The supplier complete the obligations, The supplier also has the right to rely on force majeure.
9. Payment
1. Payment should be effected within 14 days after the invoice has been sent. The supplier is allowed to pay invoice periodically. The obligation to pay is not suspended in case of objection to the amount on the invoice.
2. In the event of the buyer is in default during the payment period of an invoice, the buyer is legally absent/oversight. In case of the above the buyer is liable to pay 1% interest a month.
3. In case of liquidation, insolvency, seizure or suspension of payments on the part of the buyer all and any claims against the buyer are immediately due and payable.
4. The supplier may refuse to pay an invoice if the buyer asks for a different order of payment.
10. Properties
1. The buyer protects the supplier from any claims from a third party that are included in the agreement between the supplier and the buyer.
2. All properties delivered by the supplier stay as his/her property until the supplier has accomplished his/her agreement.
3. The properties of the supplier cannot be sold to third parties or used as a mean of payment.
4. If the buyer wants to use the property of the supplier than the buyer should inform the supplier immediately.
5. The buyer is obliged to secure its delivered products against fire, explosion and water damage.
11. Intellectual property
1. The supplier has all the rights of author. The supplier has the right to use the agreement other goals without giving confidential information to third parties.
2. All the documents provided by the supplier such as designs sketch, image, logo, films, etc. are only intended for use by the supplier.
3. Any designs sketch, image, logo, film and other files which developed during the agreement shall remain the property of the supplier only if both parties decide to agree on that explicitly in writing.
4. The buyer is not allowed to change the products only if both parties decide to agree on that explicitly in writing.
5. The supplier reserves the right to use for other purposes.
12. Guarantees, research and advertising, term of limitation
1. The supplier should furnish satisfying requirements according to the norms and warrants that the goods to be supplied correspond with what has been agreed under the agreement.
2. Every form of guarantee expires when a failure happens in terms of the product.
3. The buyer can research the product and also identify if the quality and quantity of the product reach the norms.
4. The buyer is not allowed to ask for a replacement and/or compensation if a failure is mentioned later.
5. When a complaint of is unfounded, the costs arise which include investigation charge then the buyer must pay all charges.
6. After that the guarantee term has expired, all costs of recovery and replacement including handling fee should be paid by the buyer.
13. Liability
1. In the event that the buyer is liable for indirect damage or loss.
2. In the event that the supplier is liable for direct damage or loss, liability is limited to a maximum of € 5,000.
3. Direct damage or loss means in this context the establishment of the cause and size of the damage.
14. Applicable law and disputes
1. The supplier is applicable for the Dutch law even if a part of the execution is done outside the country.
2. The judge of the supplier is allowed to participate to disputes unless the law prescribes compelling otherwise.
15. Reference and change of terms
1. These terms are deposited by the Chamber of Commerce in Rotterdam.