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Article 1. Definitions
Article 2. Applications
2.1 These General Terms and Conditions are applicable to all offers and agreements made by Baiyiled to the Buyer.
2.2 Any deviations from these General Terms and Conditions are only applicable when these are written confirmed.
2.3 Any purchase or other Terms and Conditions from the Buyer are refused when the Buyer has an agreement with Baiyiled.
2.4 These General Terms and Conditions are available in the Dutch and English language, in case of misinterpretation in a foreign language, the Dutch language prevails.
Article 3. Quotes
3.1 All quotes made by Baiyiled are valid for fourteen (14) days, all offers of Baiyiled are obligation free.
3.2 A quote can be accepted by means of written confirmation, by means of the registration and buying part on the website (log in required) among other ways such as email.
3.3 Every quote is based on the information provided by the Buyer and the products function in normal circumstances. The Buyer is responsible to provide Baiyiled with the correct information on which Baiyiled will base her quote.
3.4 Baiyiled cannot be held to her quote in case the Buyer can understand with reason that there has been a mistake in her quote.
3.5 Baiyiled is not linked with deviations in the quotation in case it is accepted.
3.6 A quotation provided by Baiyiled does not obligate Baiyiled to execute a part of the project for part of the quoted price.
3.7 The provided quotation from Baiyiled to the Buyer are not to be shared, spread or any other type of publication to third parties unless Baiyiled has given written confirmation that this is allowed.
3.8 All information, pictures, drawing, ideas or concepts from quotations of Baiyiled are only exclusively for the Buyer and cannot be used by the Buyer for other purposes or to be shared with third parties.
3.9 The models, information, pictures, sizes, sketches and drawings that are supplied with the quote from Baiyiled, only provide a example of what has to be done for the project. In case the projects is modified in any way, which cause the models, information, pictures, sizes, sketches and drawings to deviate, does not obligate Baiyiled to provide any type of refund or compensation and does not give the Buyer the right to change the payment number in the agreement.
Article 4. Prices
4.1 The prices mentioned are in Euro’s (€). The Buyer bears any currency risk in case the Buyer decides to buy in a foreign currency, unless written confirmation is provided by Baiyiled.
4.2 Prices are stated without the VAT, the amount that needs to be paid is including the VAT which can be found on the invoice and/or on the web shop.
4.3 Prices are available through E-mail contact, through the website quote request option or through the log in part of the website.
4.4 Baiyiled has the right to change the price or product specifications after the agreement of the Buyer has been made. In case of price changes and/or changes in product specifications are being done by the party of which Baiyiled is dependent from, or due to governmental regulations, Baiyiled will incur these costs to the Buyer.
4.5 Baiyiled keeps the right to periodically change the prices.
Article 5. Product pictures
5.1 All pictures provided by Baiyiled of the products on the website, quotes, brochures and email contact cannot give reason to claim for a compensation and/or termination of the agreement.
Article 6. Agreement
6.1 The agreement between the Buyer and Baiylied is official when the agreement is signed and returned to Baiyiled, or when this is placed on the website or confirmed by mail or any other written confirmation. After the Buyer has accepted the quote of Baiyiled, the order will definitely be placed at Baiyiled.
6.2 In case the Buyer wants to alter or modify the agreement, it can lead to financial consequences. The modification or the alter can only be processed when the Buyer has agreed with the consequences. In case the Buyer does not agree with the consequences, the old agreement will remain in law.
Article 7 – Order cancellation
7.1 after the order is accepted by Baiyiled, the buyer has the right to cancel the order within twenty four (24) hours.
7.2 In case the Buyer would like to send a product or part/component back to Baiyiled, the Buyer will need to contact Baiyiled. This can be done by telephone, e-mail or using the request contact page on the website.
7.3 Baiyiled will only processes returned goods if these were reported to be returned to Baiyiled within five (5) days after goods arrived at the Buyer.
7.4 Goods which have special or different features manufactured to the Buyers requirement or high quantities of products cannot be returned to Baiyiled. Damaged or used products may also not be returned to Baiyiled.
7.5 Cancellation of goods in backorder or make to order require a 20% payment by the Buyer.
7.6 The packaging of the returned products from a cancelled order requires to be clean, undamaged, unmarked and unopened.
Article 8. Addition costs
8.1 When the agreement is changed on request of the Buyer or there are unforeseeable, changed situations and/or regulations and/or waiting times or any type of delay caused by the Buyer or a third party working with the Buyer can lead to increased costs for the Buyer. In case it turns out that, after the agreement is made between the Buyer and Baiyiled, the area where the products will be mounted happens to have different properties then the ones that the Buyer notified Baiyiled about, can lead for extra costs for the Buyer. The extra costs mentioned in this article are all for the buyer, even if there was an agreement for a fixed price.
8.2 Baiyiled has the right to increase the agreed price in case the discussed work turns out to be more than expected. In case this happens, Baiyiled will notify the Buyer as soon as possible.
Article 9. Buyer obligations
9.1 The Buyer is responsible for providing all information regarding the project correctly to Baiyiled, especially the information required for the executing of the agreement. In case the Buyer fails to meet his/hers responsibility, Baiyiled has the right to cancel the execution of the agreement and/or invoice the Buyer for the costs caused due to the delay.
9.2 In case the Buyer fails to provide Baiyiled with the correct data which the Buyer was responsible for, the costs accompanied with these failures will be invoiced to the Buyer.
Article 10. Delivery
10.1 The delivery time of products is always released when the Buyer asks for it. Exceedance of the delivery time does not give the Buyer the right to cancel the agreement, claim damage compensation or any other type of compensation.
10.2 The Buyer is obligated to accept the shipment of goods which were purchased from Baiyiled when these arrive during regular office hours. In case the Buyer is not present or the shipment is not accepted, the costs accompanied with this, either local prices or standard prices set by Baiyiled will be invoiced to the Buyer.
10.3 The risk of losing, damaging or depreciation goes over to the Buyers responsibility when the Buyer does not accept the shipment of goods from Baiyiled.
10.4 Baiyiled has the right to deliver the goods in stages, which can be invoiced separately to the Buyer unless written confirmation of other agreement can be provided.
Article 11. Installation
11.1 In case the Buyer choses to let Baiyiled also provide the installation service of the lighting, this article is applicable.
11.2 The Buyer needs to have the following points in order before the start of the installation process.
11.3 In case the Buyer does not comply with the agreement regarding the installation date, and Baiyiled thus is unable to perform her installation , the Buyer is responsible for the extra costs made.
Article 12. Payment
12.1 The payment from the Buyer towards Baiyiled needs to be done within the payment term mentioned on the invoice.
12.2 Despite the agreed payment terms, the Buyer is required to, on request by Baiyiled,
provide proof that the buyer is able to commit to the payment terms. In case the Buyer is not able to provide this information within the given period, the Buyer falls directly into default. In that case Baiyiled has the right to cancel the agreement and claim the damages at the Buyer.
12.3 In case the payment is not being executed on the time mentioned on the invoice, the Buyer is responsible for any extrajudicial costs to collect the claim of Baiyiled. These costs are estimated at 15% of the open standing invoice, in case these costs are different then the above mentioned percentage, the Buyer will owe the actual percentage.
Article 13. Property
13.1 All supplied products are property of Baiyiled until the total payment amount mentioned on the invoice is completed to Baiyiled.
13.2 As long as Baiyiled has the property rights to the supplied products, is the Buyer not allowed to:
13.3 In case the customer fails to make timely payments of the supplied products from Baiyiled, Baiyiled has the right to reclaim her products. The Buyer has to grant permission to let third parties execute the reclaim and let them do the reclaim undisturbed.
Article 14. Warranty
14.1 The supplied products need to be checked by the Buyer, especially:
The buyer needs to check within three (3) days after acceptance of delivery. In case the Buyer fails to report the above points in this article to Baiyiled, Baiyiled is not obligated to bear the costs.
14.2 The warranty which Baiyiled offers on all her products 5 years product warranty starting from the invoice date, unless mentioned differently in the product specifications, datasheet and/or website or written agreement with Baiyiled.
14.3 The warranty proof is the invoice supplied with the order, or sent to the Buyer via Email.
14.4 In case the product shows a defect or a manufacturing defect within the warranty period, the Buyer will need to contact Baiyiled. The Buyer then needs to send a picture showing the defect of the product, the warranty claim form and the product itself to Baiyiled. In case the warranty claim is accepted by Baiyiled, then Baiyiled will send the Buyer a new, repaired or a product which shows little deviations to the Buyer without any costs to the buyer. In case the product does not fall under the warranty of Baiyiled, the Buyer will be bearing any costs related to the claim.
14.5 Any repairs or product replacements within the warranty period, doe not result in an extension of the warranty period.
14.6 The warranty of the products expires and the Buyer will not be further be helped by Baiyiled in case defects are results of:
14.7 These General Terms and Conditions are to be seen as one with the Warranty Conditions, which you can view on the baiyiled.nl website, under the page Warranty conditions.
Article 15. Force Majeure
15.1 Baiyiled is not obligated to fulfil the agreement(s) with the Buyer, or pay any damage or financial claims to the Buyer in case the situation is indicated as a Force Majeure. Force Majeure are cases which are happen and are not in hand of Baiyiled, and result in Baiyiled not being able to keep her promises. In any case, think of examples such as natural disasters, loss or damages to products during transport and delay due to mistakes from suppliers.
15.2 In case it turns out that the Force Majeure of Baiyiled is for a short term, Baiyiled has the right to suspend the execution of the agreement. The agreement will be suspended until the Force Majeure circumstances will no longer occur.
15.3 In case it turns out that the Force Majeure of Baiyiled is not temporary and the agreement is or will be suspended for longer than three (3) months, both parties can sign a registered claim to change the agreement, which will result that both parties are not held to pay for any damage claims.
15.4 The party which faces Force Majeure circumstances., needs to report this to the other party immediately.
Article 16. Liability
16.1 Baiyiled is not obligated to pay for any damages to products when this is a result from:
16.2 Baiyiled cannot be liable for damaged products caused due to mistakes in the provided information of the Buyer.
16.3 Baiyiled is not liable for damages of her products when the Buyer:
– Makes incorrect use of the products and/or
– Doesn’t comply with the instructions in the instruction manual and/or
– Does not maintain the product correctly
16.4 The Buyer is responsible for all damages which were caused by the Buyer to Baiyiled when the Buyer fails to provide the correct information regarding the location properties to Baiyiled.
Article 17. Confidentiality
17.1 Baiyiled and the Buyer are obligated to keep all confidential information obtained during the preparation of the quotes and/or agreements confidential. The obtained information can be seen as confidential, when this has been mentioned by any party or if this can be made out of the content provided. The party which receives the confidential information will only use the information for the purpose it is shared for.
Article 18. Intellectual property
18.1 All rights of intellectual properties, for both temporary as definitive texts, pictures, drawings, models, digital information and advices from Baiyiled sent over to the Buyer for business purposes will remain to Baiyiled.
18.2 Baiyiled has the right to place the work done for the Buyer on her website for promotional purposes, unless written confirmation can be provided that the Buyer does not want to.
Article 19. Applicable law
19.1 On each agreement made between the Buyer and Baiyiled, the Dutch (Nederlands) law is applicable.
19.2 Disputes in the agreement are submitted to the court in the jurisdiction where Baiyiled is located (Almere, The Netherlands).