Cabolux Travel & Shipping – General Terms and Conditions Version of [18] May 2020

​

General Terms and Conditions of Cabolux Travel & Shipping, a sole proprietorship (eensmanszaak) with its address at Ringdijk 508, 2987 VZ in Ridderkerk, The Netherlands, and registered with the Chamber of Commerce under number 24264196.

Definitions
 

In these General Terms and Conditions, the following terms are used as defined below unless explicitly stated otherwise.
 

General Terms and Conditions:     The general terms and conditions as contained in this document.

Cabolux Travel & Shipping:           Cabolux Travel & Shipping, a sole proprietorship (eensmanszaak) with its address at Ringdijk 508,
                                                          2987 VZ in Ridderkerk, The Netherlands, and registered with the Chamber of Commerce under
                                                          number 24264196.

Service:                                            All work, of whatever form, that Cabolux Travel & Shipping has carried out for or to the benefit of
                                                          a Client, including but not limited to international shipping and transportation services of goods via road,
                                                          air and sea and any services ancillary thereto.

Price:                                                The financial reward for the performance of Cabolux Travel & Shipping pursuant to an Agreement
                                                          that has been made with the Client.

Client:                                               Any person or business who entered into an Agreement with Cabolux Travel & Shipping and has
                                                          accepted the applicability thereto of these General Terms and Conditions.

Sender:                                            The person (natural or legal) whose name is listed on the (Air) Waybill as the sender.

Recipient:                                        The person whose name is listed on the (Air) Waybill as the recipient.

Package:                                          Any single parcel or piece that is accepted by Cabolux Travel & Shipping, including any such
                                                          items tendered by the Sender utilizing Cabolux Travel & Shipping automated systems, meters,
                                                          manifests, or (Air) Waybills.

Shipment:                                        One or more pieces, either Packages or freight, moving on a single (Air) Waybill.

(Air) Waybill:                                    Any shipping document, manifest, label, stamp, electronic entry, or similar item used in the
                                                          Cabolux Travel & Shipping transportation system.

Transportation Charges:                The fees, charges, and amounts assessed or levied for movement of a Shipment by
                                                          Cabolux Travel & Shipping in accordance with these General Terms and Conditions or any conditions
                                                          or fees subsequently imposed, but not including other fees or charges which may be assessed,
                                                          such as (but not limited to) declared value charges, special handling fees, customs duties, and taxes,
                                                          and surcharges.

Agreement:                                      Any agreement entered into between Cabolux Travel & Shipping and the Client for the provision
                                                          of Services.


Scope
 

These General Terms and Conditions apply to every offer and Agreement entered into between Cabolux Travel & Shipping and the Client, unless agreed otherwise explicitly and in writing.
 

The applicability of any of the Client’s purchasing conditions or other general terms and conditions is excluded.

If one or more provisions of these General Terms and Conditions are found to be void or voidable, the other provisions of these General Terms and Conditions remain in effect. In this event, Cabolux Travel & Shipping and the Client will consult each other to agree to new provisions to replace the void or voided ones.

Deviations from the Agreement and the General Terms and Conditions are only valid if they are explicitly agreed with Cabolux Travel & Shipping in writing.

If Cabolux Travel & Shipping does not require strict compliance to these General Terms and Conditions, this will not mean that the provisions of the General Terms and Conditions will not apply, or that Cabolux Travel & Shipping to any degree would lose the right in other cases to demand the strict compliance of these General Terms and Conditions. 

Offers and Formation of an Agreement 
 

Offers are only valid when made in writing (including in electronic form such as through e-mail or as stated on Cabolux Travel & Shipping’s website).
 

All offers are non-binding, unless a period for acceptance is stated in the offer. If a period for acceptance is stated in the offer, the offer will lapse after this period has expired.

Offers do not automatically apply to future orders or reorders.
 

An Agreement is formed through the timely acceptance by the Client of Cabolux Travel & Shipping’s offer. Both offer and acceptance can be made electronically, through e-mail or Cabolux Travel & Shipping’s website.

​
 

Duration and Termination of an Agreement
 

If a period is agreed or stated in an Agreement for a performance by Cabolux Travel & Shipping, then this period is only indicative and is not to be regarded as a strict deadline or a guarantee made by Cabolux Travel & Shipping.
 

Cabolux Travel & Shipping and the Client may terminate an Agreement at any time by mutual consent.  

In the event that one of the parties becomes bankrupt, is placed under conservatorship or ceases its business, the other party has the right to terminate the Agreement immediately. 

Prices

All Prices are expressed in euros, exclusive of Dutch VAT (which may or may not be 0%) and other applicable government levies, unless indicated otherwise.
 

All Prices are exclusive of Transportation Charges, custom charges, taxes due in connect with a Shipment, packaging and administration costs, unless indicated otherwise.

If Cabolux Travel & Shipping agrees a fixed Price when the Agreement is entered into, then Cabolux Travel & Shipping is entitled to increase this Price should the offer made rely on false assumptions based on information provided by the Client.

If Cabolux Travel & Shipping has the intention of amending the Price, it will inform the Client of this as soon as possible.
 

In the event that a Service is listed at an incorrect Price due to a typographical error, Cabolux Travel & Shipping shall have the right to refuse or cancel orders placed for the Service listed at the incorrect price, regardless of whether the order has been confirmed.
 

Cabolux Travel & Shipping reserve the right to change prices and specifications at any time without any notice being due unless a Client placed an order which is affected by a change.


Payment
 

Payment will take place by means of transfer to a bank account and following other payment instructions specified by Cabolux Travel & Shipping, unless agreed otherwise.
 

Payment afterwards must be made within 3 days of the invoice date, in a manner to be specified by Cabolux Travel & Shipping and in the currency in which the invoice is issued, unless agreed otherwise. After the expiration of the payment term, an additional storage fee for the Shipment of 25 EUR per day (excl. VAT) may be applied in case the Shipment is stored on behalf of the Client.
 

In case all Payments will be done upon receipt of the Shipment, a surcharge may apply.

Clients must in a clearly visible way attach and/or depict all relevant details of the Recipient of the Shipment. These details can be changed free of charge until the commencement of the Shipment, after which a surcharge may apply and after which changes may not be possible at all.
 

The Client is not authorised to deduct any amount from the payable amount by reason of a counterclaim made by the Client.

Any objections against an invoice do not have the effect of suspending the payment obligations.
 

In the event of bankruptcy, suspension of payment or placement under conservatorship, the amounts owed to Cabolux Travel & Shipping and the obligations of the Client towards Cabolux Travel & Shipping are immediately due.


Collection costs
 

If the Client is in default or in breach of the Agreement, all reasonable costs incurred to obtain an out-of-court settlement are payable by the Client. The Client is in any event liable to pay the debt collection costs.

In deviation of article 6:96 paragraph 5 of the Dutch Civil Code (Burgerlijk Wetboek) and the Extrajudicial Collection Costs Decree (Besluit Vergoeding voor Buitengerechtelijke Incassokosten), Cabolux Travel & Shipping is entitled to a payment of 15% of the total outstanding principal sum, with a minimum of € 90,- for every invoice that is wholly or partly unpaid.
 

Force majeure
 

Breaches of the Agreement may not be attributed to Cabolux Travel & Shipping if they are caused by an external unforeseen factor (force majeure).
 

Circumstances regarded as resulting from a force majeure include lockouts, fire, water damage, natural disasters or other external contingencies, mobilization, war, traffic congestion, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials and mechanical components as well as any circumstances through which normal business operations are impeded, as a result of which the fulfillment of the Agreement by Cabolux Travel & Shipping cannot be reasonably sought by the Client.
 

In the case of force majeure, Cabolux Travel & Shipping is not obliged to proceed with the Agreement and is not bound to pay any compensation for Services that have not been performed or sent.


Shipments and Liability
 

Cabolux Travel & Shipping is an intermediary in shipping services and relies on third parties for the execution of the actual transport of Packages and freight.
 

Cabolux Travel & Shipping cannot be held liable for any damages or losses that occurred during Shipment or transportation of a Package or freight of any other kind.

Clients are responsible for correctly and safely packing and protecting their Packages and other freight.
 

Cabolux Travel & Shipping shall not be held liable for indirect damage, including in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the Client.
 

Cabolux Travel & Shipping shall not be held liable for damages of any nature resulting from Cabolux Travel & Shipping basing its actions upon inaccurate and/or incomplete information provided by the Client.

If Cabolux Travel & Shipping is held liable for any damage, then such liability shall be limited to the agreed invoice amount for the Service performed by Cabolux Travel & Shipping that gave rise to such liability.

The Client must report the damage for which Cabolux Travel & Shipping allegedly can be held liable to Cabolux Travel & Shipping as soon as possible and immediately upon receipt of a Shipment, but in any event within 2 days of receiving the allegedly damaged good, in failure of which Cabolux Travel & Shipping cannot be held liable.

Clients are advised to protect themselves for any damages that occurred during the Shipment by obtaining appropriate travel insurance covering the Shipment.


Indemnity
 

The Client indemnifies Cabolux Travel & Shipping against any claims by third parties who suffer damage in connection with any Services offered by it.

​

Privacy policy

Cabolux Travel & Shipping has a privacy policy which is applicable to all of its Agreements. It is available as a separate document on its website www.cabolux.nl/privacy-policy.

 

Amendment of the General Terms and Conditions 

Cabolux Travel & Shipping is entitled to amend the General Terms and Conditions unilaterally to the extent such amendments are reasonable.

Amendments will also apply to existing Agreements.

Cabolux Travel & Shipping will inform the Client by e-mail about any amendments.      

The amendments to the General Terms and Conditions will be in force thirty days after the Client is informed of such amendments. 

Should a Client disagree with the announced amendments, such Client and Cabolux Travel & Shipping are both entitled to terminate the Agreement.

Other
 

In deviation of the statutory limitation period, a limitation period of one year applies to all claims against Cabolux Travel & Shipping.

These General Terms and Conditions are filed at the Chamber of Commerce under number 24264196.

 

Governing law and Jurisdiction
 

Dutch law is exclusively applicable to all legal relationships to which Cabolux Travel & Shipping is a party. This also applies if an obligation is wholly or partly fulfilled outside of the Netherlands or if the Client has its place of business outside of the Netherlands.
 

Disputes between Cabolux Travel & Shipping and the Client will only be submitted to the competent court in the Netherlands unless statutory laws of The Netherlands prescribe otherwise.


 

Cabolux Travel & Shipping – General Terms and Conditions Version of [18] May 2020