TERMS & CONDITIONS

This website is property of NIYA BVBA

Registered office:

Gullegemsesteenweg 211

8501 BISSEGEM

Belgium

Phone: +32 (0)475 630185

Access: always after appointment

E-mail: info@e-scooter-fun.ocm

Company VAT number:  BE 0475588129

IBAN BNP PARIBAS FORTIS BE78 0013 5836 7586

SWIFT/BIC GEBABEBB

 

 

TERMS AND CONDITIONS


 

CLAUSE 1 - APPLICABILITY

  • These General Terms and Conditions of NIYA BVBA, hereinafter the “General Terms and Conditions”, are applicable to all offers, quotations, deliveries and invoices of NIYA BVBA, hereinafter “NIYA”, to all orders from any third party, hereinafter the “Buyer”, and to all agreements between NIYA and the Buyer, to all services rendered by NIYA, as well as to every request to this end, regardless of whether an agreement has been concluded between NIYA and the Buyer.

  • General terms and conditions or other conditions used by the Buyer are not applicable. The Buyer can only invoke deviating and / or additional stipulations if and insofar as these have been accepted in writing by NIYA. Such additional or deviating stipulations do not affect the applicability of the remaining provisions of these General Terms and Conditions and apply exclusively to the agreement for which this has been expressly agreed in writing.

  • By accepting these General Terms and Conditions, the Buyer also accepts that these General Terms and Conditions will apply to all future agreements between NIYA and the Buyer.


 

CLAUSE 2 - OFFERS AND FORMATION OF CONTRACTS

  • All quotations and offers from NIYA, as well as all orders from the Buyer, both written and verbal, are without obligation and non-binding for NIYA.

  • All documents and particulars, including drawings, technical descriptions, data, models, photos, examples and size or weight specifications, as provided in catalogues, leaflets, brochures and the like, are as accurate as possible but are not strictly binding on NIYA, and are in no circumstances to be regarded as exact representations of what NIYA has to offer.

  • Agreements between the Buyer and NIYA are concluded if and as soon as NIYA sends a written order confirmation to the Buyer, or, if earlier, at the moment that NIYA starts to fulfil the Buyer’s order.

  • Every agreement concluded between NIYA and the Buyer in accordance with Clause 2.3 constitutes a separate agreement between NIYA and the Buyer.

  • Any agreement already concluded between the Buyer and NIYA which differs from these General Terms and Conditions will be replaced in full by a new agreement as soon as this new agreement is concluded between both parties, unless the parties have expressly agreed otherwise in writig.

 

CLAUSE 3 - PRICES

  • Unless expressly agreed otherwise in writing, all prices are exclusive of VAT, transport and insurance costs and taxes, excise duties and other government levies.

  • NIYA has the right to change the prices on condition that such changes are notified to the. In the event that such a price change takes place within 2 (two) months of the conclusion of the agreement, the Buyer has the right to terminate the agreement in writing, on condition that the agreement has not already been performed in whole or in part, subject to reimbursement by the Buyer of all costs incurred by NIYA in connection with the agreement up to the moment of termination. A termination of this sort will not under any circumstances result in NIYA having any liability for damage or costs incurred by the Buyer.

 

CLAUSE 4 - PAYMENT

  • Payments must be received by NIYA in the bank account of NIYA.

  • NIYA is entitled to demand advance payment at all times or payment in cash at the time of delivery, in which case the Buyer is required to comply with this demand.

  • Upon first request, which NIYA is entitled to make at all times, the Buyer is required to provide security for the correct performance of its obligations, in a manner to be specified by NIYA.

  • NIYA is authorised at all times to issue separate invoices for each partial delivery as referred to in Clause 5.4.

  • If the Buyer does not fulfil its payment obligations, or does not fulfil these promptly or fulfils these only partially, it will be deemed to be in default by operation of law and the amount due to NIYA will be immediately due and payable without further demand or notice of default, with administration costs and at an interest rate of 15% per year on the amount owed by the Buyer, calculated from the invoice date, with part of a month counting as a whole month.

  • All judicial and extrajudicial costs incurred by NIYA in order to collect the amounts owed by the Buyer will be borne to the Buyer. The extrajudicial costs will be set at at least 15% of the sum owed, with a minimum of € 75, without prejudice to NIYA’s right to demand the actual costs if it transpires that these are higher.

  • Each payment by the Buyer will be deemed in the first instance to be payment of any interest owed and / or costs, and after full satisfaction of such, payment will be deemed to be payment of the oldest invoice still outstanding, regardless of whether something else is stated with the payment.

  • Under no circumstances will the Buyer be entitled to offset any debt to NIYA, whether or not contested, with any debt of NIYA to the Buyer, whether or not contested, or to defer payment of a debt of this sort to NIYA.

  • If the Buyer does not fulfil its payment obligations, or does not fulfil these promptly or fulfils these only partially, NIYA is entitled at its own discretion to suspend performance of the agreement and any other agreements between the parties and / or to terminate each agreement with the Buyer in whole or in part, without any obligation to pay damages to the Buyer. In addition, NIYA is entitled to require damages from the Buyer in the event that the Buyer does not fulfil its obligations under the agreement or any other agreement, or does not fulfil such obligations completely, properly or promptly.

 

CLAUSE 5 - DELIVERY AND PERIOD OF DELIVERY

  • Unless the parties have expressly agreed otherwise in writing, deliveries are ‘ex works’. If the parties have agreed in writing to a different delivery method in an individual agreement, this different delivery method only applies in respect of this individual agreement, and not to subsequent agreements between the parties as well.

  • Periods of delivery are approximate only and do not constitute an absolute deadline under any circumstances. If the Buyer has not yet fulfilled all of its obligations to NIYA, NIYA is entitled to postpone delivery. If a delivery period is exceeded because the Buyer has not given clear delivery instructions, or due to circumstances which are not attributable to NIYA, the delivery period will be extended accordingly by such period that the performance of the agreement is delayed or impeded.

  • If a delivery period is exceeded, the Buyer is not entitled under any circumstances to damages for any direct or indirect damage, or to termination of the agreement, or to postponement of any of its own obligations under the agreement or under any other agreement.

  • Early or partial deliveries are permitted at all times. The Buyer is required to accept a delivery of this sort from NIYA. These General Terms and Conditions also apply to partial deliveries.

  • With effect from the moment of delivery, the Buyer bears the cost and risk of the goods.

 

 

CLAUSE 6 - RETENTION OF TITLE

  • Without prejudice to the provisions of Clause 5.5, NIYA retains title of all goods delivered to the Buyer until the purchase price for all of these goods has been paid in full, also including interest and costs. Retention of title also applies to claims that NIYA may come to have against the Buyer on account of failure by the Buyer to meet one or more of its obligations to NIYA.

  • If and for as long the goods are encumbered by retention of title, the Buyer is not permitted to sell these goods or to establish any limited right to the same other than in the ordinary course of its business. The Buyer is required to include a comparable retention of title in its agreements with third parties regarding the goods. The Buyer’s right to sell the goods in the normal course of its business will lapse automatically if an attachment is levied against the Buyer or suspension of payments is requested, bankruptcy of the Buyer is filed for or the Buyer enters into a payment arrangement with one of its creditors.

  • If the Buyer fails to fulfil its obligations under any agreement concluded with NIYA, or if NIYA has good cause to fear that the Buyer will fail to fulfil its duties under the agreement, NIYA is authorised to repossess the products delivered to the Buyer. Such right shall specifically, but not solely, exist if the Buyer has applied for suspension of payments, its bankruptcy has been filed for or it enters into a payment arrangement with one or more of its creditors. In the event that NIYA wishes to exercise its ownership rights as referred to in this Clause, the Buyer hereby authorises, now and in the future, unconditionally and irrevocably, NIYA or a third party or third parties designated by NIYA, to enter all of the locations where the goods that belong to NIYA are located and to repossess them.

  • If third parties purport to have rights with regard to the goods delivered by NIYA falling under the retention of title, wish to establish rights regarding such goods or wish to levy an attachment on them, the Buyer must inform NIYA accordingly within 24 hours of becoming aware of this. In that event, NIYA is entitled to temporarily or permanently remove the goods concerned or have them removed from the Buyer, to repossess them and / or to store them or have them stored elsewhere.

  • All costs relating to exercise of the retention of title, including the costs of transport and storage, will be borne by the Buyer.

  • In the event that NIYA has exercised its retention of title, NIYA is at all times entitled, though not required, to sell the goods to a third party, and the Buyer will be credited by NIYA with the market value of the goods (such value to be determined by NIYA), or the net sale value, whichever value is lower, reduced by all costs incurred in the repossession, without prejudice to NIYA’s right to damages for the damage incurred by it as a result of the Buyer’s failure.

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