GENERAL TERMS AND CONDITIONS OF SALE
LEAFGEAR, trading name of COBBS Industries BV
COBBS Industries BV
Vrije Geer 3
1066 EG Amsterdam
T: +31 (0)88 5323432
1.1 These General Terms and Conditions apply to offers, agreements and orders for the delivery of goods by Tactical Retail, trading under the name of LEAFGEAR.COM, hereinafter referred to as “LEAFGEAR”, which have taken place or have been effected through LEAFGEAR’s online web shop between LEAFGEAR and Other Party.
1.2 By placing an order, as well as by accepting an offer made by LEAFGEAR, Other Party accepts, always and exclusively, the applicability of these General Terms and Conditions, to the express exclusion of any general terms and conditions of its own.
1.3 Any deviations from and/or additions to these General Terms and Conditions will only apply if and insofar as LEAFGEAR has expressly accepted them in writing. The deviation and/or addition exclusively concerns the delivery on account of which acceptance has taken place.
1.4 In these General Terms and Conditions, an email also counts as a written statement.
1.5 Where in these General Terms and Conditions reference is made to consumer purchase, it means: the sale concluded between LEAFGEAR and Other Party with reference to personal property, whereby Other Party is a natural person, not acting in the execution of profession or business.
2. Offer and acceptance
2.1 Any offers by or on behalf of LEAFGEAR made in any way whatsoever (orally, in writing, electronically, digitally, etc.), are free of obligation and apply as long as supplies last.
2.2 LEAFGEAR is competent to revoke any offer within five workdays of receiving Other Party’s acceptance. LEAFGEAR has the right to remove offers from the website and cancel deliveries.
2.3 If Other Party’s acceptance deviates from LEAFGEAR’s offer, even if it only concerns minor points, no agreement will be concluded, but it shall be understood as an offer made by Other Party.
2.4 An offer made by Other Party will not be deemed to have been accepted by LEAFGEAR until and unless LEAFGEAR has confirmed it in writing.
2.5 LEAFGEAR’s offers and/or quotations will not apply to repeat orders or new orders.
2.6 Other Party will have accepted an offer by LEAFGEAR if it has entered its account information (customer information) on LEAFGEAR’s website and placed an order.
2.7 After an order has been placed by Other Party, LEAFGEAR will send an order confirmation with an invoice.
3.1 LEAFGEAR charges prices as they are displayed on the website, unless expressly agreed otherwise in writing. The prices stated on the website are inclusive of VAT and exclusive of delivery charges.
3.2 LEAFGEAR is entitled to charge rises in cost price of more than 3% to Other Party. If rises take place within three months of the contract being made, Other Party is entitled to dissolve the contract.
4.1 Insofar as not agreed otherwise in writing, payment shall be made before the agreed due date, exclusively by depositing the amount into or transferring it to an account stated on the invoice.
4.2 Without prejudice to any other relevant rights to which LEAFGEAR is entitled, Other Party will be in default without requiring notice of default or judicial intervention, if Other Party fails to pay the money due on time and/or fully, or otherwise imputably fails in the fulfilment of its obligations towards LEAFGEAR.
4.3 LEAFGEAR is entitled to charge extrajudicial collection costs to Other Party. The costs will be calculated in accordance with the "Staffel Kantonrechters" Rapport Voorwerk II. The minimum charge for extrajudicial collections is €37,00.
5. Delivery, Risk
5.1 Unless expressly agreed otherwise in writing, delivery will only take place after Other Party has fully paid the invoice amount.
5.2 LEAFGEAR determines shipping mode and shipping route.
5.3 Other Party has the obligation to purchase the goods.
5.4 From the moment LEAFGEAR presents the goods to the shipping firm for delivery (for instance, TNT Post), the risk of the goods getting lost or deteriorating (including damage, loss, theft) will lie with Other Party. If it concerns a consumer purchase, this risk will lie with Other Party from the moment of delivery.
6. Inspection of goods and complaints
6.1 Other Party shall immediately check the goods on delivery. As soon as possible after Other Party has established or could have reasonably established any defects or shortcomings, but within two weeks of delivery of the goods at the latest, Other Party shall notify LEAFGEAR in writing of any complaints, accompanied by a careful description of the complaint(s).
6.2 Complaints can be submitted to LEAFGEAR’s postal address, which is: LEAFGEAR, Vrije Geer 3, 1066EG Amsterdam, the Netherlands.
6.3 Goods about which Other Party has complained, shall be stored carefully and unused, unmixed and unprocessed, in a suitable place and, at LEAFGEAR’s first request, be placed at the disposal of LEAFGEAR or a third party to be designated by LEAFGEAR, for further inspection by sending the goods to LEAFGEAR at Other Party’s expense.
7. Time to reflect and cancellation
7.1 If it concerns a consumer purchase, Other Party has the right to cancel the purchase for seven days after receiving the product through a written statement to that effect. In that case, Other Party shall return the goods to LEAFGEAR, unopened and unused, as soon as possible and at its own expense. LEAFGEAR will return the money paid to it by Other Party as soon as possible and in any case within thirty days of the cancellation.
8. Liability LEAFGEAR
8.1 LEAFGEAR is not liable for any material or immaterial damage incurred by Other Party and/or third parties at whose disposal Other Party places the goods, unless in the event of intent or gross negligence on the part of LEAFGEAR. In particular, LEAFGEAR is not liable for any health damage.
8.2 LEAFGEAR is not liable for any consequential damage, direct or indirect company damage, stagnation damage and/or loss of profit.
8.3 In any case, LEAFGEAR’s liability in all circumstances is limited to the amount which its liability insurer will pay out in a given case.
8.4 If insurers decline to pay out or if the damage is not covered by the insurance, liability will be limited to three times the net invoice value of the delivery concerned, with a maximum of €5,000.
8.5 Other Party shall indemnify LEAFGEAR against any third-party liabilities, regardless of their nature or extent, waiving any recourse against LEAFGEAR herein.
9. Partial nullity, Renunciation
9.1 If any provision of these General Terms and Conditions is nullified and/or deemed null and void, in whole or in part, by a judge, the provision is deemed to have been converted into a provision which, for as much as is possible with the retention of its content and purport, is not nullifiable/null and void.
9.2 If LEAFGEAR does not always demand strict compliance with these General Terms and Conditions, it does not imply that LEAFGEAR will waive the right to demand strict compliance in any future case.
10. Applicable law and competent court
10.1 All agreements and any other legal relations between LEAFGEAR and Other Party will exclusively be governed by Dutch law.
10.2 Only the Amsterdam District Court is competent to take cognizance of disputes between parties.
 This report from 2000 is a national guideline for judges to determine the level of extrajudicial costs in civil cases, especially collection costs.