Terms of condition - Royal Christmas HK LTD & Royal Christmas NL

For EURO / Pallet – Europe / Warehouse:

Group Veldpape, Royal Christmas NL BV
Engelstilstraat 14
9671 JH Winschoten
The Netherlands
Tel. 0031 (0)597 413546
Fax: 0031 (0)597 412751
Chamber of Commerce number: 02065328
VAT number: NL 8078.39.127.B.01

– prices till 29th of February, 2024
– 30/50% down payment before 29th of February, 2024
  or Royal Christmas as agreed on differently
– final payment 7 days before shipment
– Minimum order € 3.500,- exclusive of VAT
– Deluxe Line: minimum 30 pieces
  per item per group
– Customer made items 50% down payment
– MOQ 1500,- USD

MOQ Pallet per artificial Christmas tree:
120 cm = 20 pieces
150 cm = 20 pieces
180 cm = 15 pieces
210 cm = 15 pieces
240 cm = 10 pieces
270 cm =   8 pieces

Royal Christmas general points:
– Interest on all past due amounts will accrue at the rate of 2% per month.
– The Seller reserves the right to take any action necessary to recover any past due amounts as well expenses to recover such past due amounts including attorney’s fees and collection agency fees.
– Goods are down by the buyer when 100% settlement of the invoices.
– If the sale defined herein is on an ‘open account’ (credit) basis, Buyer agrees to pay the amount in full, on the due date, without deduction. Seller may not offset any amount due from Seller nor make other
  deductions without authorization, in writing, from an Officer of the Seller.
– Any credit extended to buyer is subject to review at anytime and the Seller may reduce or cancel any limits at its discretion. Seller reserves the right to hold shipments if any past due amount exists at the time
  of shipment; the customer has exceeded their credit limit; or if the Seller becomes insolvent or makes any filing for bankruptcy protection.
– Changes made by the buyer to the items, quantities, specifications, testing or shipping requirements may result in delay or delivery and / or result in price adjustments. Such changes, if accepted by Seller,
  will only be confirmed by issuance of a new (or revised) Purchase Confirmation and no other document (e-mail, verbal, or otherwise) should be construed to mean any such request accepted.
– Any dispute arising under this Agreement shall be settled in Hong Kong under Hong Kong law, irrespective of where the order may be entered into.
– By accepting delivery of the goods listed herein, Buyer agrees to the above Terms and Conditions and acknowledges they have sufficient time between their order and the time of delivery of goods to raise
  any objections to the Seller. No employee or representative of the Seller, except an Officer, has the authority to make changes to these Terms and Conditions and any such change can only be made in writing, signed by an Officer of the Seller.
– Royal Christmas does not offer claim construction and accept and rejected other claims constructions.
– Orders can not be cancelled because there is later shipment caused by any action.
– Samples sent to the customer are shipped on cost of customer, also the samples costs are charged to the customer. Royal Christmas could determine to offer for free, in certain causes Royal Christmas
  staff will let the customer know before shipment.
– When goods are ready to ship like agreed in the sales confirmation and the customer does not send forwarder detail to plan the shipping or provide container to load the goods, after 60 days pass the
  notice of ready goods. The customer loses the right of the ordered goods and down payment given to Royal Christmas to produce the goods.
– The customer is responsible for sending inspection office, after shipment is the customer responsibility of the goods and pro country legislations of requirements.


These
conditions have been filed in the Dutch language and as well as translated into the language of the country where the goods the user offer.
User can not be held responsible for any translation errors.


As you placed an order with us you agreed to our terms of delivery and payment, too. Veldpape is entitled to alter these terms when the currency has expired. If you receive goods you did not order you must inform Beheermaatschappij Veldpape Projecten (= Management Company Veldpape Projects) immediately. Any inaccuracies of data stated by Veldpape must be recorded to Beheermaatschappij Veldpape Projecten in two days.

Article 1. Definitions

The conditions comprise:
1.1 User (of these conditions):
Veldpape Interieurbeplanting BV (= Veldpape Interior Planting Ltd) and trade name Royal Christmas.
Royal Christmas HK LTD The Business registration number: 37269683-000-10-13-3.

1.2 Other party:
Consumers and retail / the natural or corporate body practising a trade or profession who have placed an order with the user to supply or make goods, to hire or execute activities.

1.3 Producer: The manufacturer of products which are resold by the user.

Article 2. Applicability

2.1 These conditions are in force for any offer and for the realization, the contents and fulfilment of all the agreements between user and the other side, in so far as the parties have not chosen explicitly and in writing for a different course.

Article 3. Offers

3.1 Offers of user are without engagement and expire 7 days at the latest after the date of the offer, or stated otherwise.

3.2 Offers can only be accepted without any deviations.

Article 4. Realization agreement

4.1 An agreement is realized by written, e-mail or oral acceptance by user and/or other side. These conditions form part of the agreement in an unabridged way.

4.2 Promises, acceptances by representatives, agents and other intermediaries are only binding if they are explicitly affirmed by the user; in silence with exclusive applicability of these conditions.

4.3 These conditions are also applicable to any future agreements in so far as the conditions have not changed.

4.4 An agreement is considered as being cancelled if the user has approved of it in writing. Cancellation is impossible if the user already started with the execution of the agreement in the widest sense. The other party is obliged to compensate the damage done. By damage is meant: the losses suffered by the user, forgone income and at any rate expenses made to prepare the order, expenses for goods and materials which were bought and for obligations entered into with a third party. In case of cancellation of the agreement by the other party is always at least 40% of order amount (order confirmation) will be charged. It is not possible to cancel the agreement if the other party does not agree to the height of the indemnification which must be paid.

Article 5. Prices

5.1 The prices stated by the user are both inclusive of and exclusive of Value Added Tax, which has been described clearly. There may also be taxes which have been imposed by the authorities.

5.2 The price stated for an achievement by the user only applies to the achievement in conformity with the specifications agreed upon.

5.3 Prices till 29th of February, 2024

– 30/50% down payment before February 29th, 2024 or
Royal Christmas as agreed on different
– final payment 7 days before shipment
– FOB prices for a minimum of 40 ft. or
350 Dollars extra for 20 ft.
– Deluxe Line: minimum 30 pieces
per item per group. Only these 2 lines can be mixed in container.
– Customer made items 50% down payment

5.4 5x multiple packing minimum per item.

Article 6. Changes in prices

6.2 Prices based on current material and dollar prices, transport, shipping costs or additional costs, December 1, 2020. Royal Christmas keeps the right to adjust sales prices if there are fluctuations

Article 7. The date for payment

7.1 Payment by the other party must take place in 8 days.

7.2 The goods must be paid within a fortnight after the date of the invoice or on the date as was agreed upon. You will find this date on the invoice. It is impossible for you to lay a claim to any discount, settlement or suspension.

7.3 User is authorized when agreed on delivery in parts, after delivery of the first part, to request you not only to pay for this part but also to pay the cost made for the complete delivery.

Article 8. Time of delivery

8.1 It is considered that the time of delivery agreed upon will be approximately correct unless the date mentioned has been qualified as fatal, but only in writing.
The user has only then neglected his duty when the other side has pointed out that the user failed as to the latest date of delivery.

8.2 Binding the user on the latest date of delivery agreed upon expires if the client changes the specifications of the goods ordered or likes to receive more articles, unless the change is hardly of any significance or the delay is of no importance so that the user need not change the first date of delivery.

8.3 The other party is obliged to execute the agreement and to do anything that is reasonably necessary or desirable to enable the supplier to take care of an early delivery.

Article 9. Delivery and risks

9.1 Delivery will take place at the spot where the user practises his business, unless it was agreed upon only in writing that the user will deliver the goods.

9.2 If it was agreed upon that the goods will be transported the cost of transport are for account of the user, unless free delivery was agreed upon. The user always bears the risks of transport and insurance. By accepting the goods the conveyor gives evidence that the goods are in good condition from the outside, unless any peculiarities are mentioned on the bill of lading or on the receipt.

9.3 User need not deliver the goods in parts. Delivery will be done in the usual way and is determined by the user, unless it has been agreed upon differently.

9.4 Buyers risk and damage is 3% of the total value.
 

9.5 Replacements need to be ordered before March and can only be shipped with that order. Royal Christmas will determine minimum costs

Article 10. Investigation on delivery

10.1 Any shortages or external damages of goods which are stated on delivery must be mentioned on the bill of lading, the invoice and/or any other transport document by the other party. After that the user must be informed within 3 days after receipt of the goods. If the other side fails to do so it is supposed that he agrees to the delivery. Any claims are not dealt with then.

Article 11. Deviations

11.1 Deviations between the goods or work delivered on the one side and the original design, drawing, picture or digital record on the other side cannot be any reason to disapprove of the goods, to receive a discount, to dissolve the agreement or get a compensation, if they are of minor importance.

11.2 Deviations which are reasonably regarded as being of no or of minor influence on the utility are considered of minor importance.

11.3 The smart adapter should function as an adapter. No rights can be derived from the options offered by the smart adapter app.

You pay nothing extra for the smart adapter and it is also offered as an extra service. You buy the adapter. There are many possibilities that the app / smart adapter does not function, for example due to the operating system that is not recognized by every device or older versions of your mobile, tablet, etc. We are not liable for the service of the not working smart adapter.

Royal Christmas makes every effort to keep the app up to date. After measurement, 95% functions correctly. That is why we inform the customers early to avoid disappointment or misunderstanding and we are not liable if the smart adapter does not function properly.

Article 12. Reservation of property

12.1 All products delivered remain the exclusive property of the user till the total amount of the concerning bill and any extrajudicial cost have been paid.

12.2 Goods which were hired in the case of loaned from the user remain the useres property and may not be pawned, lent and/or sublet to a third party.

Article 14. Liability

14.1 Except for malicious intent or big faults of the user, the liability of the user for damage stated in an agreement or as a result of an unlawful action towards the other party is limited to the invoice price of the goods delivered.

14.2 User is not liable towards the other side for damages or faults which were caused by a third party brought in on behalf of the user.

14.3 On no condition the user can be held responsible for quality and safety standard which were stated by producers of artificial Christmas items like garlands, artificial wreaths, artificial trees, glass products and lighting. The other party can only apply to the producer for any indemnification.

14.4 User is not liable for wrong translations, printerÆs errors or typographical errors in printed matter and other newsletters which might cause any damage.

Article 15. Force majeure

15.1 The user cannot be held responsible for the shortcomings in fulfilling the agreement if they are not his fault, neither in virtue of the law, agreement nor problems in traffic.

15.2 When it is clear that the goods cannot possibly be delivered in time as a result of force majeure the user is obliged to inform the other party by fax, mail or telephone as soon as possible which must be followed by a second confirmation. The episode did not take place within 2 months by the party specified deliveryweek.

Article 16. Claims

16.1 The report of the complaints must at least state the following data:
a. Company Name or Name and address of the other party
b. Invoice Number
c. Date of receipt of the goods
For the terms of reporting complaints user refers to article, paragraph 1 and 2.
The goods have to be kept in the same condition as the other party received them.

16.2 A complaint with regard to part of the goods delivered cannot lead to a disapproval of the complete delivery.

16.3 After the terms stated in article, paragraph 1 and 2 have expired it is supposed that the other party has approved of the goods delivered. After that claims are not dealt with anymore by the user.

16.4 Royal Christmas allow here selves not to deliver goods or delay shipment when there is a labour shortage in the Chinese market or overproduction. And reject responsibly cost throught this problems
acquire. Royal Christmas is not responsible for labour shortage.

Article 17. Disputes, suitable law

17.1 Only the Dutch law is applicable to agreements with the user, unless with export it is agreed upon in a different way.

17.2 All the disputes concerning the realization, the explanation or the execution or agreements which have resulted from agreements will be adjudicated by the authorized judge in Hong Kong in the first instance.

17.3 Parties can put their dispute before an arbitration committee with deliberation. This verdict will be accepted by both parties as being definite.

Article 18. Returns website orders

Should you wish to return your purchase, it is important that you go through the following steps.

Your order can be returned to us within 14 days of receipt.
You must return your order unused and undamaged in original packaging. Please also read the return conditions standing below.

Returns are accepted until December 23. Mail no later than December 24 to jandennis@royalchristmas.nl the tracking number of
the package, the carrier’s name and your invoice number. After Christmas, no returns are accepted.

 

General terms return

 

Return Policy:

  • We reserve the right to charge additional costs in the event of damage caused by you to returned goods
  • Any costs resulting from, not being at home, wrong address or package being refused, will be charged to the customer.
  • There is no trial period of 14 days for orders placed after December 9.
  • Christmas lights, flagpole trees, Christmas items with lights, baubles and decorated artificial Christmas trees are excluded from return.
    Also invoices bearing the words no trial period and the online ordering are excluded from return.
  • Returns are accepted until December 23. Mail no later than December 24 to jandennis@royalchristmas.nl the
    tracking number of the package, the carrier’s name and your invoice number. After Christmas, no returns are accepted.
  • Please note that no packets are accepted with us at the weekend.
  • Packages that are refused by customer will not be accepted / dealt by Royal Christmas.
  • Questions, about your order / refund / goods not received, must be sent by e-mail (jandennis@royalchristmas.nl) within one month after the order was placed and paid for, quoting your invoice number.
  • Questions regarding your order that have not been received within the prescribed period will not be treated.
  • When returning a product outside the specified conditions, the payment shall not lapse.
  • Should the product be used, damaged or not returned in full condition, then we reserve the right to refund up to 75% of the purchase.
Article 19. Marketing material

For all websites Veldpape Projects / Royal Christmas:

– Films and photos are not given by Royal Christmas without logo inside the photo.
– Royal Christmas is owner of the films and photos and can reject use of the photos.
– Photographs will be made available only including Royal Christmas watermark.
– No photographs are made available that in marketing expressions of Royal Christmas are used or presented online.

– Royal Christmas selected what films and photos are presented to the customer, is with logo of Royal Christmas.
– Royal Christmas determines what films and photos are given to customer or not given to customer is not part for sales
  to present free films and photos.
– Only when Royal Christmas give the right to customer to use the brand name of Royal Christmas the customer can use
  for marketing and commercials, else not allowed.

Article 20. Test reports

The items are tested on the flame-retardant NEN EN 71-2 other reports are not standard offered by Royal Christmas. Test
Report who are on hand of Royal Christmas can ben hand over to the customer on no extra cost. Inspection office
Royal Christmas used are SGS, Dekra and Asia Inspection. The purchaser is responsible to present what for
fulfillment the items need to be. Depending on the items Royal Christmas could present:
– Reach, EMC, Rohs
– Inspection report and loading reports
If there is no inspection send by customer, Royal Christmas used his regular inspection office. Asia Inspection
Quality audit and Ethnical audit are required, and at the expense of buyer. 2nd Party lab for audit are possible when
agreed in the sales confirmation of Royal Christmas.

Article 21. Samples

– Samples can be ordered with the order, Royal Christmas does not keep any stock of samples.
Samples need to be made special and production lead time, depending on the period of the year, max. 75 days.
– Freight costs of sending samples are for cost of the customer.

– Samples who are requested by the customer are shipped out on risk of shipping and acceptation towards customer.
The customer needs also to report 10 days before shipping special request of papers.

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