Sales Terms & Conditions
AGREEMENT TO OUR LEGAL TERMS
We are B Futurist B.V. (“Company”, “we”, “us”, “our”).
We operate, as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
You can contact us by email at contact@bfuturist.com.
You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your records.
Article 1 – Definitions
1.1 These General Terms and Conditions shall apply to all offers by and agreements with B Futurist Holding B.V. and its legal successors, as well as to associated companies or said successors (together as well as individually hereinafter also called the Company), relating to the delivery of goods by the Company to the party the offer is addressed to or the other party concerned (hereinafter also called the Customer).
1.2 The applicability of any general terms and conditions used or in use by the Customer is hereby explicitly rejected.
1.3 Any stipulations deviating from these General Terms and Conditions shall only apply insofar as they have been accepted by the Company in writing.
Article 2 – Offer
Any offer made by the Company shall be without prejudice and subject to contract. This shall also apply if such offer includes a period of acceptance, unless explicitly provided otherwise in writing.
Article 3 – Agreement
3.1 An agreement, including any changes and or additions thereto, shall not be binding unless agreed in writing.
3.2 An agreement is concluded in writing, at the Company’s discretion, at the moment when the contract is signed by the Board of Directors of the Company and by the Customer, or on the date of dispatch by the Company of the written order confirmation signed by its Board of Directors, or of the Company’s invoice. Promises made by and arrangements with subordinates of the Company shall not bind the Company unless confirmed in writing by the Board of Directors.
3.3 The contract represents the contents of the agreement concluded between the parties completely and correctly. The order confirmation or the Company’s invoice shall be deemed to represent the agreement correctly unless the Customer rejects its contents immediately in writing and with motivation.
3.4 Slight deviations within customary tolerances shall be permitted in the execution of the agreement.
3.5 Unilateral cancellation by the Customer shall be invalid unless explicitly agreed to in writing by the Company.
Article 4 – Notices, information, statements, and samples
Notices, information, statements, and samples made or supplied by the Company, in whatever form, shall only be indicative and shall never bind the Company unless explicitly stated otherwise in the agreement.
Article 5 – Confidentiality
5.1 The Customer shall observe confidentiality in the broadest sense regarding all business information relating to the Company or its products and shall not disclose such information to third parties without prior written consent of the Company’s Board of Directors.
5.2 In the event of breach, the Customer forfeits an immediately payable fine of €10,000 per violation, increased by €1,000 per day or part thereof that the violation continues, without prejudice to the Company’s right to claim additional damages.
Article 6 – Prices
6.1 All prices are exclusive of taxes, including Value Added Tax (“BTW” or “VAT”), and other levies.
6.2 VAT or other taxes shall be charged unless the Customer proves that exempt intra-European delivery has taken place.
6.3 Weight-based pricing shall be determined by calibrated weighing carried out by the Company prior to delivery.
6.4 The Company may increase prices due to increased costs, including raw materials, wages, freight, insurance, foreign exchange, or duties. Consumers may dissolve the agreement if such increase occurs within three months.
6.5 Prices based on subsidies or restitutions may be adjusted if such benefits are not obtained.
Article 7 – Delivery, delivery period, delivery time
7.1 Delivery shall be Ex Works (EXW) unless otherwise agreed, in accordance with ICC Incoterms.
7.2 The delivery period shall commence at the latest upon fulfillment of all contractual prerequisites.
7.3 Delivery periods are based on circumstances at the time of agreement and may be reasonably extended.
7.4 Delivery is deemed to occur when goods are ready for shipment and the Customer has been notified, or when goods leave the Company’s premises.
7.5 Partial deliveries are permitted unless otherwise agreed.
7.6 Delivery dates are not firm unless explicitly agreed. Delays under three months do not entitle the Customer to claims.
7.7 In case of default, the Customer may only dissolve the agreement. Prepaid amounts shall be refunded without interest or compensation.
Article 8 – Transportation
8.1 Transportation shall be at the Customer’s expense and risk, regardless of delivery terms.
8.2 The Company is not responsible for the Customer’s use of transport documents.
8.3 The Customer shall provide necessary securities upon request.
8.4 If delivery is prevented, the Company may store or return goods at the Customer’s risk and expense. Costs are set at a minimum of 15 percent of the agreed price.
Article 9 – Packaging
9.1 Single-use packaging will not be taken back.
9.2 Reusable packaging may be invoiced separately.
9.3 Credit for returned packaging will be issued after inspection.
9.4 Deduction is only permitted after receipt of the credit invoice.
9.5 Late packing instructions may incur additional charges of up to €200 per pallet.
9.6 Packaging damage is at the Customer’s risk.
Article 10 – Risk and transfer of property
10.1 Pickup shall follow agreed Incoterms.
10.2 Under EXW terms, goods must be collected within five working days, after which storage fees of €10 per pallet per day apply.
Article 11 – Risk and retention of title
11.1 Risk transfers upon delivery.
11.2 Ownership remains with the Company until all obligations are fulfilled.
11.3 Goods must be insured and clearly identifiable as Company property.
11.4 The Company may repossess goods without notice upon default.
11.5 Upon repossession, the agreement may be dissolved without court intervention.
11.6 Resale is permitted in normal business operations, but payment becomes immediately due.
11.7 The Customer must inform third parties of retention of title.
Article 12 – Payment terms
12.1 Deposits and balances must be paid within the stated deadlines. A fine of 0.5 percent per day applies for late payment.
12.2 Payments must be made in the invoiced currency without deductions.
12.3 The Company may require security if payment risk arises.
12.4 Late payment incurs statutory commercial interest.
12.5 Collection costs are set at 15 percent of the principal sum.
Article 13 – Return shipments
Returns are only permitted with prior written consent and are at the sender’s risk and expense.
Article 14 – Liability
14.1 Visible defects must be reported within 24 hours with documentation.
14.2 Hidden defects must be reported within 24 hours of discovery and no later than three months after delivery.
14.3 Claims are void in specified circumstances, including resale or improper use.
14.4 Claims regarding third-party goods are limited to the Company’s rights against suppliers.
14.5 Claims against manufacturers exclude claims against the Company.
14.6 Remedies are limited to repair, redelivery, or credit.
14.7 The Customer is responsible for trademark exhaustion and indemnifies the Company.
Article 15 – Limitation of liability
15.1 Liability is limited to contractual obligations.
15.2 Indirect damages are excluded.
15.3 Liability for IP infringement is excluded except in cases of intent or gross negligence.
15.4 The Customer indemnifies the Company against third-party claims.
15.5 These limitations also apply to employees and suppliers.
Article 16 – Force majeure
16.1 Force majeure includes circumstances beyond the Company’s control.
16.2 The Company may suspend or dissolve the agreement without compensation.
Article 17 – Suspension and dissolution
The Company may suspend or dissolve the agreement in cases of default, insolvency, or legal attachment, without liability for compensation.
Article 18 – General
18.1 After suspension, the Company may proceed with execution or dissolution.
18.2 Payment obligations become immediately due upon suspension or dissolution.
18.3 Returned goods remain at the Customer’s risk until received.
18.4 Data protection obligations apply in accordance with GDPR and the Company’s Privacy Policy.