Terms and conditions
- These General Conditions shall apply to any and all agreements between Toko International BV and
Customer, to which agreements Toko International BV has declared these General Conditions applicable.
- The applicability of any purchase or other conditions of Customer's is expressly rejected.
- All offers and quotations shall be free of engagement.
- Prices quoted shall be in euro, exclusive of BTW (Dutch VAT), and are based upon the factors determining
costs as existing at the time of the offer. In case of changes in the factors determining costs as referred to
above, which occur between the time at which the Agreement is entered into and the time of delivery Toko
International BV shall have the right to adjust the price initially quoted.
- In case Customer places an order with an Agent appointed by Toko International BV a binding Agreement
shall be entered into at the moment at which the order has been accepted by Toko International BV.
- Delivery times given by Toko International BV shall not be considered final dates.
- Payment shall take place in cash or within the term of payment as stated in the invoice. In case of non-
observance of the term of payment Customer – after having received from Toko International BV at least
one reminder to effect payment within a reasonable period of time – shall be in default by operation of the
law. In that case Customer shall owe legal interest from the date at which the amount owed has become due
until the time of payment. In addition to that any costs of collection, both judicial and extrajudicial costs,
caused by Customer's default, shall be borne by Customer.
- Any products supplied and to be supplied shall remain the property of Toko International BV, until any
amounts that Customer owes or may owe to Toko International BV have been paid in full (reservation of
title). As long as the title to the products has not been transferred to Customer, Customer shall not pledge the
products or grant any other rights with respect to the products to any third party. Customer is under the
obligation to store the products supplied subject to reservation of title with due care and to clearly identify
said products as the property of Toko International BV.
- Toko International BV shall be informed of any complaints in writing, within 8 days of the receipt of the
products. After this term complaints shall not be looked into. Return shipments shall be allowed only after
the approval of Toko International BV. In case of defects on the part of Toko International BV, the costs of
such return shipments shall be borne by Toko International BV, but only if the method of said shipment is in
accordance with the instructions to be provided by Toko International BV.
- In case Toko International BV is not able to fulfil its obligations towards Customer due to Force Majeure,
Toko International BV shall not be liable for the damage caused to Customer as a result of that. Force
Majeure shall be understood to include: interruptions of transport for instance due to weather conditions;
non-delivery or late delivery of products to Toko International BV by its suppliers; measures taken by the
authorities resulting in an actual change of circumstances.
- Toko International BV shall never be liable for indirect damage, including consequential damage, loss of
profit, loss of savings and damage due to interruption of business operations.
- In case Toko International BV should be liable for any damage, said liability of Toko International BV shall
be limited to the amount of the invoice, i.e. that part of the Agreement to which the liability applies.
- Any claims against Toko International BV which have not been submitted to Toko International BV within
one year after they first occurred, shall be cancelled by lapse of time.
- Apparent mistakes or errors on the website or in publications of Toko International BV shall not be binding
on Toko International BV. Any illustrations and information with regard to weights, dimensions, colours,
information about the application of products, in price lists, on the website, in brochures and advertisements
are compiled with the utmost care but shall however, be approximate, and shall not be a reason for damages
- Any Agreements between Toko International BV and Customer shall be governed by Dutch law. Any
disputes in connection with Agreements between Customer and Toko International BV shall be adjudicated by
the Dutch court having jurisdiction in the registered place of business of Toko International BV to the extent as
permitted by law.