Article 1: Applicability

1.1 These conditions apply to all offers, deliveries and agreements issued, executed or entered into by michelgilberto.com unless otherwise agreed in writing.

1.2 Acceptance of a quotation and/or provision of an order expressly implies the applicability of these general conditions, whereby the customer waives any applicability of its own conditions. An appeal to customary law by the customer is not permitted.

Article 2: Offers

2.1 All offers from michelgilberto.com are without obligation unless expressly stated otherwise in writing by michelgilberto.com.

2.2 Orders and changes are only binding if michelgilberto.com has accepted or confirmed them, whether or not in writing. Without prejudice to the aforementioned, an offer expires in any case after five working days after the date thereof.

2.3 In the case of composite price quotations, there is no obligation to deliver a part for a corresponding part of the total price.

2.4 Unless otherwise agreed, the prices for delivery are not free domicile.

2.5 Price quotes are always made on the basis of the prices applicable at the time of the offer and/or order and are only valid on the day of the offer. If one or more of the cost price factors increases after the date of the offer, michelgilberto.com is entitled to increase the offered price accordingly. However, michelgilberto.com will inform the consumer of this in writing and give the consumer a time limit of 7 days to terminate the agreement in writing. If the price increase is implemented after the purchase agreement has been concluded, michelgilberto.com is obliged to deliver at the agreed price. If the price is increased by means of a statutory VAT rate increase, michelgilberto.com is entitled to increase the offered price accordingly.

2.6 Every offer is, unless expressly stated otherwise, based on delivery under normal circumstances and during normal working hours.

Article 3: Payment/prices

3.1 All prices are subject to (typing) errors.

3.2 All prices are exclusive of shipping costs and inclusive of VAT unless otherwise stated.

3.3. Payment of the sales amount must be made when ordering the product, without any appeal to suspension, compensation, deduction, unless expressly agreed otherwise.

3.4 In the event that an invoice for the purchase amount is sent, a payment term of 14 days applies. After receipt of the full payment, the order, or if in stock, delivery will take place.

3.5 Deviating payment agreements only apply if they have been agreed in writing between michelgilberto.com and the customer.

3.6 Unless proven otherwise, the correctness of the invoices and invoice overviews drawn up by michelgilberto.com must be assumed.

3.7 If the customer does not pay within the agreed payment term, he is deemed to be in default by operation of law and michelgilberto.com has the right, without any notice of default, to charge the customer for the entire amount due as well as the statutory interest, increased by 10% (ten percent), from the due date of the relevant invoice. All collection costs, both judicial and extrajudicial, caused by the customer’s non-payment, are for the account of the customer. The extrajudicial collection costs amount to 15% (fifteen percent) of the principal sum with a minimum of € 150.

3.8 michelgilberto.com is at all times, regardless of the agreed payment conditions, entitled to request sufficient security for the payment and to cease the execution of the agreement if this security cannot be provided. In that case, the buyer has the choice between cash payment for the goods to be delivered, offsetting any advance payment made, and cancellation of the agreement, taking into account the provisions of article 3.10.

3.9 Payments made by the customer to michelgilberto.com will in all cases be used to settle the oldest outstanding item at the customer’s expense, including the default interest and costs incurred.

3.10 If payment is not made at the time of delivery, michelgilberto.com may not proceed with the actual delivery. If and to the extent that michelgilberto.com does not proceed with delivery, the customer is obliged to pay michelgilberto.com the costs of transport and an amount of € 5 per day, or part of a day, until delivery takes place to compensate for the costs that michelgilberto.com has for storing the item(s).

Article 4: Transfer of ownership, risk and delivery

4.1 Delivery is understood to mean the actual provision to the customer or persons who are at the customer’s risk