Terms and Conditions of Wefan Green
1. General Provisions The following conditions apply to all sales, offers, and supplies. They are binding on both parties, excluding any deviating conditions set by the buyer unless accepted in writing by the seller. Placing an order implies the buyer’s awareness and unconditional acceptance of these conditions.
All agreements concluded under these conditions shall be governed by Dutch law. Disputes shall be settled in the competent court in Breda. However, the seller may elect to submit a dispute to the court in the buyer’s place of business and may choose whether the law of that jurisdiction applies.
2. Offers and Delivery All offers are non-binding unless agreed otherwise in writing.
Delivery and risks transfer to the buyer upon:
A post-delivery term of 4 weeks automatically applies upon expiry of the agreed delivery date.
3. Order Cancellation The seller reserves the right to cancel orders in whole or in part, or to demand advance payment if: a. The seller is unable to sufficiently cover credit risks related to the order with an insurer of their choice. b. The buyer’s financial position deteriorates before order fulfillment.
4. Claims and Complaints a. Claims must be made in writing, detailing the complaint, within two weeks of receipt of goods and must involve goods in their original delivered state. b. Slight variations in quality, color, size, weight, finish, or design, considered permissible in the trade or technically unavoidable, do not constitute grounds for complaints. c. If claims are justified, the seller may either credit the goods, repair them, or replace them within 30 days of receiving the returned goods.
5. Liability The buyer cannot claim damages for non-supply, delayed supply, or incorrect supply unless due to the seller’s deliberate actions or gross negligence.
6. Payment Terms a. Payments shall be made in Europe to a seller-specified account. b. Payments will be applied to the oldest outstanding receivables. c. Payment date is considered the date the seller’s account is credited or, in the case of cheques, the date of encashment. d. If the buyer fails to pay by the due date, they are in default without further notice. e. Late payments incur interest of 1.5% per month. The buyer is responsible for collection costs, calculated at 15% of the outstanding amount (minimum €350.00). f. If the buyer fails to pay on time, the seller may demand advance cash payment or cancel/suspend orders until outstanding invoices are cleared.
7. Retention of Title Goods remain the seller’s property until all invoices, including non-due ones, are paid in full. While amounts are outstanding:
8. Force Majeure If force majeure prevents or delays delivery, the seller is relieved from the obligation to deliver on time and bears no liability. Force majeure includes, but is not limited to, war, riots, strikes, government actions, supply disruptions, and transport issues.
9. Handling of Marked Goods If the buyer refuses or returns marked goods, the seller may sell them to third parties. If removing the buyer’s identifying marks damages or devalues the items, they may be sold as is.
10. Pricing Errors We strive for pricing accuracy, but errors may occur. In case of a pricing error, subject to applicable law, we reserve the right to cancel the purchase or correct pricing after order placement.
These terms are binding and applicable to all transactions unless otherwise specified in writing by the seller.
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