WEBSHOP

We use TNT Express for all our shipments.
You can find out the shipping costs for your order, by selecting the shipment country in below table:

1. General

   1. These General Conditions apply to all offers, deliveries and agreements made by HOLLAND COLOURS Europe BV, hereinafter to be referred to as ‘HOLLAND COLOURS’, unless expressly agreed otherwise in writing.

   2. Derogations from these General Conditions, likewise other general conditions, including those of the purchaser, only apply if and insofar as they have been accepted or confirmed by HOLLAND COLOURS in writing.

   3. The term ‘written’ or ‘in writing’ in these General Conditions means: by letter, by telefax or electronically.

2. Acceptance

   All offers are without engagement unless specified otherwise in writing. Agreements are deemed to take effect as soon as the written order confirmation is dispatched by HOLLAND COLOURS and likewise as soon as any desired security for payment, whether or not in the form of an open letter of credit, is accepted in writing by HOLLAND COLOURS.

3. Weight and quantity

   1. HOLLAND COLOURS shall supply the quantities agreed to the best of its ability.

   2. If HOLLAND COLOURS has to manufacture the article/have the article manufactured specially for the purchaser, the purchaser is obliged to accept a 10 per cent deviation in quantity.

4. Delivery

   1. Unless agreed otherwise in writing, deliveries shall be Free Carrier, Apeldoorn, the Netherlands, or Szolnok, Hungary, or Gillingham, United Kingdom (FCA, in accordance with the Incoterms valid at the moment a contract was concluded).

   2. Delivery dates shall be approximate and shall never be strict. The delivery date becomes effective as soon as the agreement has come into effect in accordance with article 2 and likewise HOLLAND COLOURS has received all the information required from the purchaser to permit performance.

   3. HOLLAND COLOURS shall use reasonable endeavours to meet the delivery dates. If HOLLAND COLOURS fails to meet the delivery date, the purchaser is not entitled to obtain any compensation from HOLLAND COLOURS. Only in the event of excessive failure to meet the agreed delivery date, does the purchaser have the right to cancel the agreement, unless the exceeding of the term is caused by Acts of God.

5. Product quality

   HOLLAND COLOURS undertakes to supply products which comply with the written specifications agreed. If nothing is agreed, HOLLAND COLOURS shall supply products which comply with the standard requirements applicable to these types of products.

6. Packaging

   1. The products are supplied in packaging appropriate to the method of carriage. In case HOLLAND COLOURS is bound by law to take back the packaging, the purchaser must send back the packaging at his own cost.

   2. If HOLLAND COLOURS provides packaging on loan, the packaging conditions of the Dutch Chemical Industry association and the Association of Traders in Chemical Products apply.

7. Prices

   1. Prices are expressed in euros, exclusive of Value Added Tax (VAT) and are based on Free Carrier, Apeldoorn, the Netherlands, or Szolnok, Hungary, or Gillingham, United Kingdom (FCA, in accordance with the Incoterms valid at the moment a contract was concluded) packaging included unless expressly agreed otherwise in writing.

   2. Prices are based on various price-determining factors, such as (but not limited to) the rates for domestic and foreign currencies, prices of raw materials, export subsidies, import duties, taxes and other levies which apply at the time when the agreement comes into effect.

   3. HOLLAND COLOURS reserves the right to adjust the prices of orders which have already been confirmed within reason if a change should occur in one or more price-determining factors before the products are delivered by HOLLAND COLOURS.

8. Payment

   1. All payments shall be made using the method agreed between the parties and within the period of time stipulated. Payments shall be made within 30 days of the invoice date unless agreed otherwise in writing. Payments shall be made in the currency agreed without discount or claim to any compensation and paid into a HOLLAND COLOURS bank account in the Netherlands.

   2. If payment by letter of credit is agreed, the letter of credit shall cover the whole contract price and shall be opened by the purchaser at a bank approved in writing by HOLLAND COLOURS within 15 days of the agreement coming into effect in agreement within article 2. Any confirmation required by HOLLAND COLOURS shall be provided by a Dutch bank. The letter of credit shall be subject to the most recent edition of "Uniform Customs and Practice for Documentary Credits, ICC publication".

   3. If the purchaser fails to make payment on time, he is considered to be in default, without any notice of default or intervention by the court by operation of law, and shall then, from the moment the default occurs, be charged interest on the amount owed, at the statutory rate given by Euribor, plus 4%. Moreover if payment is not made on time, HOLLAND COLOURS is entitled to either suspend further deliveries or to consider the agreement to be cancelled without the intervention of the court without prejudice to its additional rights by law and arising from the agreement.

   4. The purchaser shall be liable for all judicial and extrajudicial costs incurred by HOLLAND COLOURS as a result of the former failing to make the payment on time, including the fees of third parties engaged by HOLLAND COLOURS for the purpose of recovering the money.

   5. Claims do not affect obligations of the purchaser relating to payment.

   6. Bank charges charged by the purchaser's bank shall be paid by the purchaser and those charged by HOLLAND COLOURS’ bank shall be paid by HOLLAND COLOURS.

9. Security

   1. HOLLAND COLOURS is entitled to make it a condition that the purchaser has to provide an adequate guarantee regarding his ability to fulfil his obligation to pay before making or continuing to make deliveries.

   2. Should the purchaser refuse to provide the guarantee requested, then HOLLAND COLOURS is entitled to suspend its obligations and ultimately has the right to consider the agreement to be cancelled, without intervention from the court or notice of default, with payment of any damages sustained by HOLLAND COLOURS.

10. Bankruptcy, insolvency, etc

    1. If due to a bankruptcy petition, bankruptcy, winding-up of the company or institution or filing of insolvency proceedings, one of the parties fails to fulfil any obligation, either by failing to observe a specified time limit or condition, the other party is entitled to cancel the whole agreement or part thereof unilaterally by registered letter without further notice of default and without the intervention of the court or to suspend the whole or part of the performance without any obligation to pay compensation, without prejudice to any of the other rights to which the party is entitled.

    2. Should any of the circumstances specified in article 10.1 happen to the purchaser, HOLLAND COLOURS shall be entitled to claim in full all monies which it is owed by the purchaser immediately.

11. Retention of title

    1. HOLLAND COLOURS shall retain title to all products which it sells or supplies until the monies which purchaser owes HOLLAND COLOURS have been settled in full, including collection charges and interest payable thereon.

    2. The purchaser is not entitled to transfer these products, whether manufactured or processed, to third parties before title has passed to the purchaser, regardless of whether a security has been provided. Nevertheless the purchaser is entitled to have the products manufactured or processed in-house or transfer them within the context of normal company practice. The purchaser shall cooperate at all times to allow HOLLAND COLOURS to effectuate its title to ownership.

12. Guarantee

    1. Communications by or on behalf of HOLLAND COLOURS regarding quality, composition, handling in the widest sense, possible uses, properties, etc. of the products are not binding for HOLLAND COLOURS unless they expressly take the form of a written guarantee.

    2. Any claim on a guarantee is only valid if the products are maintained and/or stored in accordance with the relevant, usual maintenance specifications for these types of products.

    3. No guarantee is given by HOLLAND COLOURS regarding quality, composition, working or operating in the widest sense of machinery, whether or not put at disposal by HOLLAND COLOURS (whether or not free of charge) on behalf of the use of HOLLAND COLOURS’ products. HOLLAND COLOURS neither gives guarantee regarding (maintenance) service given by HOLLAND COLOURS relating to this machinery.

13. Claims

    1. The purchaser must inspect the products as soon as he receives them and inform HOLLAND COLOURS in writing immediately if any faults or defects are found. HOLLAND COLOURS shall be informed immediately regarding any defects which do not appear until later. If the purchaser fails to do so, the purchaser relinquishes any claim against HOLLAND COLOURS regarding these defects.

    2. Should a claim be made, HOLLAND COLOURS shall do everything possible to rectify the complaint, including any necessary repairs, in accordance with the conditions in article 14.3 below.

    3. Products may only be returned to HOLLAND COLOURS for its own account and risk if expressly agreed in writing by HOLLAND COLOURS.

14. Liability

    1. HOLLAND COLOURS is never responsible for any damage sustained by the purchaser except in the case of intent or gross negligence on the part of HOLLAND COLOURS and except for the legal liability in accordance with mandatory provisions. Liability for indirect damage, consequential damage, immaterial damage, trading loss or environmental damage, or damage as a result of liability towards third parties is further expressly excluded.

    2. If and insofar as, in spite of the provisions in article 14.1, HOLLAND COLOURS could possibly be held liable, for any reason whatsoever, then this liability is limited to the amount equal to the net invoice value of the relevant products.

    3. If a complaint is justified and notification has taken place according to article 13, HOLLAND COLOURS is obliged to choose either to provide a replacement or supplementary delivery, or to replace the relevant products with similar products free of charge, or to release the purchaser from the whole or part of his obligation to pay the invoice value of the products. In the event of the former, the purchaser is not entitled to suspend fulfilment of his obligations towards HOLLAND COLOURS.

    4. HOLLAND COLOURS is not responsible for any damage caused by the use of machinery, whether or not put at disposal by HOLLAND COLOURS (whether or not free of charge) on behalf of the use of HOLLAND COLOURS’ products. Damage caused by rendering (maintenance) services relating to this machinery is also excluded. This exclusion of responsibility includes direct and indirect damages, except in case of intent or gross negligence on the part of HOLLAND COLOURS.

    5. Except in the case of intent or gross negligence on the part of HOLLAND COLOURS, the purchaser indemnifies HOLLAND COLOURS against all claims of third parties for any reason whatsoever in respect of compensation for damages, costs or interest in connection with the products or arising from the use of the products.

    6. If the purchaser forms a new object with the products delivered by HOLLAND COLOURS, HOLLAND COLOURS is in no way liable for errors and/or defects in the newly manufactured product.

15. Intellectual property

    1. HOLLAND COLOURS expressly reserves all its rights relating to intellectual property in connection with the products which its supplies.

    2. After written consent has been provided and subject to conditions to be specified at a later date, products which HOLLAND COLOURS has brought into the market may not be offered or marketed using trademarks to which HOLLAND COLOURS is the title holder or stating their trade name, neither is the purchaser allowed to modify all or part of the products supplied nor to affix another trademark nor to use the relevant trademark in another manner or have it registered under its own name, unless he has express confirmation in writing from HOLLAND COLOURS.

    3. The purchaser undertakes to apply the conditions of this article likewise to his own clients.

    4. If the purchaser contravenes conditions and fails to rectify the matter within a reasonable period of time specified by HOLLAND COLOURS or as yet proceeds to act in the manner specified in this article, for each contravention of regulations established by HOLLAND COLOURS or late rectification, the purchaser shall be liable to pay a penalty of € 50,000 plus € 500 interest for each day that contravention goes on, plus the amount of actual damages sustained by HOLLAND COLOURS if it chooses.

16. Acts of God

    1. Should performance of the agreement be prevented by circumstances beyond HOLLAND COLOURS’ control, HOLLAND COLOURS is entitled, without the intervention of the court, either to cancel the whole agreement or part thereof, without being obliged to pay any compensation.

    2. Acts of God refer to any circumstance which are reasonable beyond HOLLAND COLOURS’ control and as a result of which the purchaser cannot reasonably require the normal performance of the agreement. Unless already covered in the above, it also includes natural and environmental disasters, war, threat of war, civil war, uprising, strikes, total or part default on the part of third parties who have to provide goods or services, transportation problems, fire and other catastrophes affecting HOLLAND COLOURS or their suppliers.

    3. If HOLLAND COLOURS pleads one of the Acts of God as mentioned above, it shall immediately notify the purchaser of the event and end of the event in writing.

    4. If suspension of the whole agreement or part thereof as intended in article 16.1 should affect consequent performance by HOLLAND COLOURS in relation to the purchaser to such an extent that the purchaser can no longer be reasonably required to accept the situation, the purchaser shall be released from his further client obligations.

17. Incompatibility with legal stipulations

    If any condition within these General Conditions does not comply with or is incompatible with public order or the law, only the relevant conditions shall be considered to be invalid. This shall not affect the remaining provisions of the General Conditions.

18. Assignment of rights and obligations

    1. Neither of the parties is entitled to assign rights or obligations to a third party without previous written approval from the other party.

    2. If, after the agreement has come into effect, control of all or a significant part of the purchaser’s activities changes hands directly or indirectly, the latter shall inform HOLLAND COLOURS immediately in writing. HOLLAND COLOURS then reserves the right to terminate the whole agreement or part thereof unilaterally by registered letter with a notice period of 1 month without being obliged to make any payment for compensation. This right is waived however if HOLLAND COLOURS has not carried this out 1 month after it is notified of the intended assignment in writing by the purchaser.

19. Appropriate law

    Dutch law applies exclusively to this agreement and the contracts arising from this to which these conditions are wholly or partly applicable.

20. Settlement of disputes

All disputes which the parties cannot settle between themselves shall, at the choice of HOLLAND COLOURS, be judged by the Dutch court in the district where HOLLAND COLOURS has its registered offices or by another competent court. The above provision does not affect the rights of HOLLAND COLOURS to obtain a ruling by way of arbitration by the International Chamber of Commerce in accordance with the Arbitration Regulations of the International Chamber of Commerce by a single arbitrator. The language used is English. The arbitration will take place in Utrecht.

Apeldoorn, November 2010

We treat privacy and privacy-sensitive data with care, and Holland Colours conforms to the General Data Protection Regulation (GDPR) and the Personal Registration Act.

We respect the privacy of our customers and ensure that all customer data is treated confidentially and carefully. We use this customer data solely to send our products, brochures and newsletters, and to inform you of new products and relevant offers. We record your data in our customer database, and you can request your data in writing, change it or delete it at any time.

We do not make customer data available to third parties, unless you expressly consent to this.

Holland Colours does not store personal data for longer than is strictly necessary for the purposes set out above.;

Cookie Policy

Holland Colours NV treats data collected by cookies confidentially, and we do not store any personal information belonging to visitors to our website. Holland Colours NV adheres to the General Data Protection Regulation (GDPR) and the E-Privacy regulation.

Dutch cookie legislation states that visitors to Dutch websites must give their permission for the use of cookies. Cookies are small files that are temporarily placed on your computer's hard drive when you visit a website. Holland Colours NV uses these cookies to improve the site’s ease of use. For more information about cookies, please visit www.acm.nl Our website uses two types of cookies: functional cookies and analytical cookies.

Functional cookies
These cookies are technically necessary to remember your preferred language or font size, for example. These cookies do not require permission. You cannot disable functional cookies.

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Holland Colours reserves the right to make changes to this Privacy Statement. The date of the most recent changes is shown at the bottom of this section.

For questions about data protection, please contact Mr. W. van Essen, our data protection officer.

This Privacy Statement was last modified on: May 25, 2018