1. These General Terms and Conditions apply to all offers and all sale and purchase agreements concluded via the websites www.mammoetskelters.nl; www.mammoet-supercars.de; www.mammoetgokarts.de and www.mammoth-gokarts.co.uk belonging to Mammoet Skelters V.O.F., a company that has its registered office in Barneveld, hereinafter to be referred to as “Mammoet Skelters”.
2. The buyer is referred to hereinafter as ‘the other party’, unless a provision pertains specifically to a situation in which the other party is a natural person who is not acting in a professional capacity or running a business, in which case buyer is referred to as ‘the consumer’.
3. The other party agrees to these General Terms and Conditions when placing an order.
4. Provisions that differ from these General Terms and Conditions only form part of the agreement concluded between the parties in the event that and to the extent that there is an explicit written agreement between the parties to this effect.
5. In these General Terms and Conditions the terms ‘written’ and ‘in writing’ also refer to correspondence by e-mail and fax and any other method of communication that can be considered equivalent given the state of technology and generally accepted standards.
6. In these General Terms and Conditions the term ‘website’ refers to the website(s) belonging to Mammoet Skelters referred to in clause 1 of this article.
7. The possible inapplicability of (part of) a provision of these General Terms and Conditions does not affect the applicability of the remaining provisions.
8. The other party cannot claim that these General Terms and Conditions were not provided if it has already concluded several agreements that were also subject to these General Terms and Conditions via Mammoet Skelters’s website and therefore had the opportunity to take note of these General Terms and Conditions.
1. Agreements are concluded in the manner indicated on the website. Mammoet Skelters is only bound by the agreement once Mammoet Skelters has explicitly accepted the order placed by the other party.
2. Additions and/or changes to the General Terms and Conditions and/or any other changes and/or additions to the agreement are only binding once they have been confirmed in writing by Mammoet Skelters.
1. All offers, price lists, and prices quoted on Mammoet Skelters’s website are subject to change unless they are said to be valid for a specific period. If the other party accepts an offer that is subject to change, Mammoet Skelters has the right to withdraw the offer within 2 working days of receipt of acceptance of the offer.
2. The prices applied by Mammoet Skelters as well as the prices stated in the offers, price lists and on the website, etc. shall be inclusive of VAT but exclusive of any costs stated. These costs can include for example, costs of dispatch and administration. It shall be clearly stated for each order what the dispatch costs are as well as any other costs unless expressly stated otherwise in writing.
3. The specification of a composite price for an offer does not mean that Mammoet Skelters is obliged to deliver one or more of the items included in the offer for the corresponding component of the price.
4. Offers and prices do not automatically apply to subsequent orders.
5. If when accepting an offer the other party stipulates terms that differ from the offer, Mammoet Skelters is not obliged to submit to these terms. In the absence of an explicit written agreement between the parties to the contrary, this will mean that no agreement is concluded.
6. Samples, models, colour swatches, sizes, weights and other descriptions that are issued and/or shown on the website are as accurate as possible, but are only issued or shown as an indication. In the absence of an explicit written agreement between the parties to the contrary, no rights can be derived from any such indication.
7. a. If the Government and/or trade organizations implement changes to wages, working conditions or social insurance, etc. between the date of concluding and carrying out the agreement, Mammoet Skelters shall be entitled to pass such increases onto the other party. If Mammoet Skelters issues a new price list and these take effect between the aforementioned dates, Mammoet Skelters shall be entitled to pass on such prices to the other party.
b. In the case of an agreement concluded with a consumer, Mammoet Skelters is entitled to pass on or charge price increases that are introduced more than 3 months after the conclusion of the agreement. If price increases are introduced in the first 3 months following the conclusion of the agreement, the consumer is entitled to cancel the agreement.
1. The provisions set out in this article only apply to the consumer if the consumer makes a remote purchase in the sense defined in article 46a Book 7 of the Dutch Civil Code.
2. If the consumer makes a remote purchase in the sense referred to in the previous clause, an approval period of 7 working days applies from receipt of the ordered items, during which time the consumer has the right to cancel the agreement with Mammoet Skelters without being obliged to give reasons.
3. The agreement may only be dissolved under paragraph 2 of this article following written notification of this by the customer to Mammoet Skelters. In the case of dissolution of the agreement, the item shall be returned to Mammoet Skelters, unused, together with all cards, the invoice and in its original packaging at the expense and risk of the customer.
The return adress is: Mammoet Skelters V.O.F. - Nijverheidsweg 9 - 3771 ME Barneveld.
4. In the event that the agreement is cancelled, Mammoet Skelters will refund any payments already made by the consumer (minus shipping costs) as soon as possible once the item(s) ordered have been returned.
5. Mammoet Skelters has the right to refuse to accept items that have been returned and to only refund part of any payments that have already been received in the event that and to the extent that Mammoet Skelters suspects or can see that the item(s) is/are not in the original packaging and/or has been damaged.
6. On receipt of items that have been returned, Mammoet Skelters will notify the consumer immediately if it is not prepared to accept the item(s) and/or is only prepared to make a partial refund.
If in order to ensure that the agreement is properly carried out Mammoet Skelters considers it appropriate to appoint third parties to make certain deliveries, Mammoet Skelters has the right to do so.
1. In the absence of an explicit written agreement between the parties to the contrary, indications of periods within which items should be delivered cannot be regarded as strict deadlines. Should Mammoet Skelters fail to fulfil its obligations under the agreement (on time), the other party must issue written notice of default.
2. In the case of agreements with consumers, items that have been ordered will be delivered within 30 days of the order date. If delivery within 30 days of the order date is impossible, Mammoet Skelters will notify the consumer to this effect as soon as possible, in which case the consumer is entitled to ask for a full refund of any payments already made within 1 week of being notified. If the consumer chooses to make use of this option, Mammoet Skelters will refund any payments already made by the consumer within 30 days of being asked to do so.
3. If an order is delivered in parts each delivery or phase will be treated as a separate transaction and Mammoet Skelters will issue an invoice for each transaction.
4. The risk of loss transfers to the other party the moment the items are delivered. Within the context of these General Terms and Conditions, items are considered to have been delivered the moment they leave Mammoet Skelters’s premises, warehouse or store.
5. Contrary to the provisions of the previous clause, in the case of transactions with consumers, items are considered to have been delivered the moment they are placed at the consumer’s disposal.
6. In the absence of an explicit written agreement between the parties to the contrary, Mammoet Skelters will determine the manner in which items that have been ordered are to be dispatched or transported and will arrange dispatch or transport at the other party’s risk and expense. Mammoet Skelters is not liable for damage to the items or losses of any kind incurred as a result of dispatch or transport.
7. Contrary to the provisions of the previous clause, in the case of transactions with consumers, items that have been ordered are dispatched or transported at Mammoet Skelters’s risk but at the consumer’s expense. Shipping costs are included in the price or will be noted on the website.
8. If it is not possible to deliver the items to the other party for a reason that is within the other party’s control, Mammoet Skelters reserves the right to place the items that have been ordered in storage at the other party’s risk and expense. Unless Mammoet Skelters explicitly specifies another period in writing, once the items have been placed in storage, the other party has a period of 1 month within which to enable Mammoet Skelters to deliver the items.
9. If the other party fails to meet its obligations within the period referred to in the previous clause, the other party is in default, in which case Mammoet Skelters has the right to terminate (part of) the agreement with immediate effect in writing, without being obliged to issue prior notice or notice of default, without recourse to the courts and without being obliged to pay compensation, costs or interest. Should this be the case, Mammoet Skelters is then entitled to sell the items to a third party or parties.
10. The provisions set out in the previous clauses do not affect the other party’s obligation to pay the agreed or stipulated or outstanding price, as well as any storage and/or other costs.
11. In order to ensure that the other party meets its financial obligations Mammoet Skelters is entitled to demand payment in advance or to insist that the other party provide security, before arranging delivery.
1. Mammoet Skelters cannot be obliged to commence delivery of the items before all of the necessary information has been provided and any payment in advance that may be required has been received. Any delay in the issuing of information or advance payment will mean that the specified delivery periods will be revised accordingly.
2. If deliveries cannot be made in the normal manner or without interruption through no fault on the part of Mammoet Skelters, Mammoet Skelters is entitled to charge the other party the ensuing costs.
1. The other party is obliged to inspect the items immediately upon receipt. Details of any visible defects, errors, shortages and/or discrepancies in quantities must immediately be noted on the consignment note and reported to Mammoet Skelters as soon as possible and certainly within 7 working days of receipt of the items.
2. Other claims shall be made immediately after discovery via e-mail (info@mammoetskelters.nl) or telephone (+31 (0)342 400323) to Mammoet Skelters. The Other Party shall bear all risks of failing to report directly. Claims shall in any case be reported to Mammoet Skelters within one year of delivery.
3. In the absence of notification to the contrary within the periods mentioned above, the items will be considered to have been received in good condition.
4. The items ordered shall be delivered in the design created by Mammoet Skelters. Slight deviations relating to the stated sizes, weights, colours, etc. shall not be considered as a shortcoming on the part of Mammoet Skelters.
5. The fact that the other party has made a complaint does not mean that it is thereby entitled to suspend payment.
6. Claims relating to a collection shall be submitted via e-mail (info@mammoetskelters.nl). Mammoet Skelters shall respond to this no later than the following working day. If the claim is upheld, the amount collected shall be repaid as soon as possible to the account from which it was collected.
7. Mammoet Skelters must be given the opportunity to investigate the complaint. If the item(s) need(s) to be returned for this purpose, Mammoet Skelters will only assume the related risk and expense if she has explicitly authorised the return in writing in advance.
8. In all cases the item(s) must be returned in the original packaging in the manner determined by Mammoet Skelters.
9. The right to make a complaint ceases to exist if the nature and/or composition of items is/are altered following delivery, or if items are fully or partly processed, damaged or repacked.
10. In the event of a justified complaint compensation will be arranged in accordance with the provisions set out in article 9.
1. In the absence of mandatory provisions to the contrary, Mammoet Skelters will carry out her task as would be expected of a company within her industry, but accepts no liability for losses, which include losses due to death or bodily injury, consequential losses, trading losses, loss of profits and/or loses due to delay, incurred as a result of acts or omissions by (personnel or third parties appointed by) Mammoet Skelters.
2. The limitation of liability defined in this article does not apply if losses are incurred as a result of deliberate intent and/or recklessness on the part of (managers and/or supervisors employed by) Mammoet Skelters.
3. Without prejudice to the provisions set out in the other clauses of this article, Mammoet Skelters’s liability is limited to the sum invoiced for the items that have been delivered, regardless of the reason for which Mammoet Skelters is held liable.
4. Without prejudice to the provisions set out in the other clauses of this article, to the extent that Mammoet Skelters is insured, liability is always limited to the maximum sum paid out by Mammoet Skelters’s insurer in the case in question.
5. Mammoet Skelters undertakes to vouch for the quality and soundness of the items that are delivered. The actual life span of the items that are delivered cannot be guaranteed.
6. If Mammoet Skelters draws parts from third parties for the production of the items, Mammoet Skelters shall, regarding the conduct and properties of these parts, proceed from the details provided to Mammoet Skelters by the manufacturer or the supplier of these parts. Mammoet Skelters shall, based on the aforementioned, not be responsible for damage of any kind occurred in connection with the parts processed. If parts processed by Mammoet Skelters are covered by a manufacturer’s guarantee, this guarantee shall apply in the same manner between the parties. Mammoet Skelters shall inform the other party of this.
7. If items that are delivered are found to contain visible defects, imperfections and/or flaws that must have been present when the items were delivered, Mammoet Skelters undertakes to repair or replace the items in question free of charge at its own discretion.
8. Unless Mammoet Skelters has issued explicit written confirmation to the contrary, Mammoet Skelters does not guarantee and can never be considered to have guaranteed that the items that have been delivered are suitable for the purpose for which the other party wishes to use them.
9. The other party forfeits its rights in relation to Mammoet Skelters, is liable for all damage and indemnifies Mammoet Skelters against all claims for compensation by third parties in the event that and to the extent that:
a. such damage occurred due to use that is improper and/or inconsistent with instructions, advice or operating instructions from Mammoet Skelters and/or improper care (storage) by the other party of the items delivered;
b. the aforementioned damage occurred due to the other party itself or a third party acting for the other party carrying out work on the item delivered or having processed the items delivered.
1. Payment is to be made in the manner indicated on the website. Another method of payment will only be accepted if there is an explicit written agreement to this effect between the parties.
2. If the parties have agreed that payment is to be made once Mammoet Skelters has sent the other party an invoice, in the absence of an explicit written agreement between the parties to the contrary, payment is to be made within 14 days of the invoice date.
3. If an invoice is not paid in full within the agreed term of payment, or if payment has not been made promptly in another manner as agreed:
4. In circumstances such as those described above, Mammoet Skelters is entitled to dissolve (part of) the agreement without being obliged to issue further notice of default and without recourse to the courts, and to demand compensation at its own discretion.
5. If the other party defaults on payment, Mammoet Skelters is entitled to suspend work on the order until payment has been made or adequate security has been provided. The same applies before the other party defaults on payment if Mammoet Skelters has reason to doubt the other party’s creditworthiness.
6. Payments made by the other party will first be offset against outstanding interest and costs and then against invoices that have been outstanding longest, unless, when making payment, the other party explicitly states in writing that the payment relates to a later invoice.
7. a. If for any reason whatsoever the other party has one or more counter claims against Mammoet Skelters, the other party waives its right to setoff. The said waiver of the right to setoff also applies if the other party applies for a (temporary) suspension of payment or is put into involuntary liquidation.
b. The provision set out in the previous subclause does not apply to agreements with consumers.
1. Mammoet Skelters shall reserve ownership of all items delivered and to be delivered up to the point when the other party has fulfilled all its payment obligations towards Mammoet Skelters. The payment obligations shall include the payment of the purchase price plus demands relating to work carried out in connection with the delivery as well as demands in this regard or any compensation due to shortcoming in fulfilling obligations on the part of the other party.
2. The other party may only resell items delivered subject to retention of title within the context of the normal conduct of it business.
3. If Mammoet Skelters invokes retention of title, the corresponding agreement will be considered to have been dissolved, without prejudice to Mammoet Skelters’s right to demand compensation for losses, loss of profits and interest.
4. If third parties seek to exercise rights to items delivered subject to retention of title, the other party is obliged to immediately notify Mammoet Skelters to this effect in writing.
5. The other party is obliged to ensure that items delivered subject to retention of title are stored with due care and that they are clearly recognisable as property belonging to Mammoet Skelters until the corresponding payment obligations in relation to Mammoet Skelters have been met.
6. The other party is obliged insure items delivered subject to retention of title and must keep them insured while they are still subject to retention of title. The other party must be able to present the insurance policy to Mammoet Skelters upon request.
1. While the corresponding payment obligations in relation to Mammoet Skelters remain outstanding the other party is not entitled to:
2. Failure to act in accordance with the previous clause will be interpreted as an attributable shortcoming on the part of the other party, in which case Mammoet Skelters is entitled to suspend the fulfilment of her obligations or to dissolve the agreement without being obliged to issue notice of default and without prejudice to its right to demand compensation for losses, loss of profits and interest.
1. Without prejudice to the provisions set out in the other articles of these General Terms and Conditions, the agreement between the other party and Mammoet Skelters will be dissolved without recourse to the courts and without notice of default being required the moment the other party:
a. is put into involuntary liquidation;
2. The provisions set out in the previous clause apply, unless the receiver or the administrator treats the obligations ensuing from the agreement as estate debts.
1. In the event of force majeure Mammoet Skelters is entitled to terminate the agreement or to suspend the fulfilment of her obligations in relation to the other party for a reasonable period without being obliged to provide compensation.
2. Within the context of these General Terms and Conditions force majeure is understood to mean non-attributable failure by (third parties or suppliers appointed by) Mammoet Skelters, or some other factor beyond Mammoet Skelters’s control.
3. If force majeure occurs once the agreement has been partly carried out, the other party is obliged to fulfil its obligations in relation to Mammoet Skelters up until that point.
4. Circumstances that constitute force majeure include (the threat of) war, riots, mobilisation, civil commotion at home or abroad, government measures, industrial action and lock out by employees, a significant change in the exchange rates that existed when the agreement was entered into, interruption of operations as a result of fire, natural disasters, weather conditions, road blocks, problems with transport and delivery, problems with the internet, or power failures which mean that the website is not (fully) available, accidents or any other such incidents.
1. The provisions set out in this article do not apply to cancellation of the agreement within the approval period as provided for in article 4 of these General Terms and Conditions.
2. a. In the absence of mandatory provisions to the contrary, the other party waives its rights to dissolve the agreement in accordance with article 6:265 ff. of the Dutch Civil Code or any other statutory provisions, but has the right to cancel or terminate the agreement in accordance with the provisions set out in this article.
b. The provision set out in the previous subclause does not apply to agreements with consumers.
3. Within the context of these General Terms and Conditions cancellation is understood to mean termination of the agreement by one of the parties before work has started on the implementation of the agreement.
4. Within the context of these General Terms and Conditions notice of termination of the agreement is understood to mean termination of the agreement by one of the parties after work has started on the implementation of the agreement.
5. If the other party cancels or terminates the agreement it is obliged to pay Mammoet Skelters a cancellation or termination fee. The other party is obliged to cover all of Mammoet Skelters’s costs and must compensate Mammoet Skelters for losses and loss of profit. Mammoet Skelters is entitled, at her own discretion, to set the related costs, losses and loss of profits at 20 to 100% of the agreed price that Mammoet Skelters would otherwise have charged the other party in light of the work that has already been carried out and the deliveries that have already been made.
6. The other party is liable for the consequences of the cancellation or termination of the agreement in relation to third parties and indemnifies Mammoet Skelters against any claims in this respect.
7. Any sums already paid by the other party will not be refunded.
1. The agreement between Mammoet Skelters and the other party is exclusively subject to Dutch law. Any disputes arising from this agreement must be settled in accordance with Dutch law.
2. Any disputes arising from this agreement must be settled by the court of competent jurisdiction in the Netherlands, unless Mammoet Skelters is entitled to bring a dispute before the court of competent jurisdiction in the place in which Mammoet Skelters’s business is established because the district court does not have jurisdiction.
3. In the case of disputes with consumers, if Mammoet Skelters notifies the consumer that it wishes to bring the dispute before the court of competent jurisdiction in the place in which Mammoet Skelters’s business is established, the consumer has one month to notify Mammoet Skelters that he or she wishes the dispute to be settled by the legal court of competent jurisdiction.
4. In case of disputes under the agreement entered into with another party established outside the Netherlands, Mammoet Skelters shall be entitled to act in accordance with the provisions contained in paragraph 2 of this article or – at its choice – to place the dispute before the competent court in the country or State where the other party has its Registered Office.
