Terms & conditions

General Terms and Conditions for Business

Table of Contents:

Article 01 – Definitions
Article 02 – Identity of the Entrepreneur
Article 03 – Applicability
Article 04 – The Offer
Article 05 – The Agreement
Article 06 – The Price
Article 07 – Performance of the Agreement and Additional Warranty
Article 08 – Delivery and Execution
Article 09 – Ongoing Transactions: Duration, Termination, and Extension
Article 10 – Payment
Article 11 – Liability
Article 12 – Retention of Title
Article 13 – Right of Withdrawal
Article 14 – Exercise of the Right of Withdrawal by the Customer and its Costs
Article 15 – Exclusion of the Right of Withdrawal
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Intellectual and Industrial Property Rights
Article 19 – Orders / Communication
Article 20 – Force Majeure
Article 21 – Work Activities
Article 22 – Private Label
Article 23 – Large Area Distribution
Article 24 – Use of Trademarks and Logos

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance agreement: an agreement for the regular delivery of goods, services, and/or digital content over a specified period;
Durable data carrier: any tool – including email – that enables the customer or entrepreneur to store information addressed to them in a way that allows future consultation or use over a period aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
Customer: the natural or legal person acting in the exercise of their profession or business;
Entrepreneur: the natural or legal person offering products, (access to) digital content, and/or services remotely to customers;
Distance agreement: an agreement concluded between the entrepreneur and the customer within the framework of a system organized for remote sale of products, digital content, and/or services, where one or more remote communication techniques are used up to and including the conclusion of the agreement;
Written: “Written” in these general terms and conditions also includes communication via email and fax, provided that the sender’s identity and the integrity of the email are sufficiently established.
Remote communication technique: a means that can be used to conclude an agreement without the customer and entrepreneur having to meet in the same physical space.
Website: The entrepreneur’s webshop offering products and services that customers can purchase.
Reflection period: the period during which the customer can exercise their right of withdrawal;
Right of withdrawal: the customer’s right to cancel the distance agreement within the reflection period;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I need not be provided if the customer does not have a right of withdrawal for their order.

Article 2 – Identity of the Entrepreneur
Name of Entrepreneur: 4M Specialties International BV
Operating under the name: 4M-Shop.nl
Business Address:
Appelhof 15
8465RX Oudehaske
The Netherlands
Phone Number: 085 – 064 0493
Availability:
Monday to Friday from 08:30 – 12:00 and 12:30 – 22:00
Email Address: info@4msp.nl
Chamber of Commerce Number: 61884642
VAT Number: 854531725B01

Article 3 – Applicability

These general terms and conditions apply to any offer made by the entrepreneur and to any distance agreement between the entrepreneur and the customer.
Accepting an offer or placing an order implies that the customer accepts the applicability of these Terms and Conditions.
Any deviation from the provisions of these Terms and Conditions must be made in writing, in which case the other provisions will remain in full force.
If the customer includes terms or conditions in their order, confirmation, or communication that differ from or are not included in these terms and conditions, such terms are only binding for the entrepreneur if expressly accepted by the entrepreneur in writing.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will inform the customer of how the general terms and conditions can be viewed and that they will be sent to the customer free of charge upon request.
If the distance agreement is concluded electronically, the text of these general terms and conditions will be made available to the customer electronically in a way that allows the customer to easily store it on a durable data carrier. If this is not reasonably possible, the entrepreneur will inform the customer where the general terms and conditions can be accessed electronically and that they will be sent free of charge upon request.
If specific product or service terms and conditions apply in addition to these general terms and conditions, the third and fourth paragraphs also apply, and the customer can always rely on the applicable provision that is most favorable to them in case of conflicting terms.
If any provision in these general terms and conditions is found to be invalid, this does not affect the validity of the entire terms and conditions. The parties will replace the invalid provision with a new provision that, as far as legally possible, reflects the intention of the original provision.
All rights and claims, as stipulated in these Terms and Conditions and any further agreements made for the benefit of the entrepreneur, also apply to intermediaries and other third parties engaged by the entrepreneur.
If the entrepreneur permits deviations from these terms and conditions for a short or long period, this does not waive their right to demand strict compliance with these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a full and accurate description of the products, digital content, and/or services offered. The description is detailed enough to allow the customer to make a proper assessment of the offer. If the entrepreneur uses images, these should be a truthful representation of the offered products, services, and/or digital content.
The content of the website and the offer is compiled with the utmost care. However, the entrepreneur cannot guarantee that all information on the website is always accurate and complete. All prices, offers, and other information on the website and in other materials from the entrepreneur are subject to obvious programming and typographical errors.

Article 5 – The Agreement

The agreement is concluded at the moment the customer accepts the offer and meets the conditions set therein.
If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this confirmation has not been provided by the entrepreneur, the customer can cancel the agreement.
If the customer accepts an offer, the entrepreneur has the right to revoke the offer within 3 working days of receiving the acceptance. The entrepreneur will immediately notify the customer of such revocation.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
If it turns out that incorrect data was provided by the customer when accepting or entering into the agreement, the entrepreneur has the right to only fulfill their obligations after receiving the correct data.
Within legal limits, the entrepreneur can assess whether the customer can meet their payment obligations, as well as other facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has valid reasons to not enter into the agreement based on this assessment, they have the right to refuse an order or application, or attach specific conditions to its execution.
An agreement is only concluded after the entrepreneur accepts the customer’s order. The entrepreneur reserves the right to refuse orders or attach conditions to the delivery unless otherwise explicitly stated.
Errors or mistakes in the quotation do not bind the entrepreneur. The entrepreneur reserves the right to correct errors in prices or descriptions, even after an order has been placed. In the event of such a correction, the entrepreneur will provide the customer with a clear explanation or justification to show where the error occurred and the reason for the adjustment.
Discounts or offers are always of a temporary nature and apply only within the specified period. If no specific end date is mentioned, the maximum validity period of an offer is two weeks. The entrepreneur reserves the right to change or withdraw discounts and offers at any time. If the offer is withdrawn or adjusted, the entrepreneur will inform the customer of this in writing, by phone, or by another appropriate means. The offer is then only valid until a notice of withdrawal or modification is made by the entrepreneur.
If the price of a product or service increases after the agreement is concluded but before delivery, due to government measures, currency fluctuations, or other external factors beyond the entrepreneur’s control, the entrepreneur has the right to adjust the price accordingly. In such a case, the customer has the right to cancel the agreement unless the price increase is the result of legal regulations or tax measures. In that last case, the customer does not have the right to cancel the agreement.
The customer has provided the entrepreneur with the necessary contact details, including a valid email address, which is considered the official means of communication for all business correspondence, including price changes, price lists, and contracts. All price changes, price lists, and contracts will be sent to the customer by email. Once the email is sent, it is the customer’s responsibility to ensure that the email can be delivered correctly. The failure to receive an email is not a valid reason for the customer to claim that the rates or documents were not received, nor for invoking the invalidity of these rates or documents. The entrepreneur is not responsible for issues related to spam filters, firewalls, or other blocks that prevent an email from being delivered correctly.
The customer is obliged to regularly check the status and validity of a quotation, price list, or other related document. The customer cannot automatically rely on a price list or quotation in their possession being the current version in use at that time. The entrepreneur is not responsible for the customer’s failure to check these documents regularly and act on outdated information.

Article 6 – The Price

All prices listed on the website and in other materials from the entrepreneur are exclusive of VAT (unless stated otherwise), and unless stated otherwise on the website, exclusive of handling and shipping costs, taxes, and other levies imposed by the government.
In deviation from the previous paragraph, the entrepreneur may offer products or services with prices subject to fluctuations in the financial market over which the entrepreneur has no control. These fluctuations and the fact that any prices listed are indicative will be stated in the offer.
The entrepreneur has the right to change the agreed prices two weeks after the agreement is concluded. If the customer does not agree with the change, they have the right to cancel the agreement without being charged any costs by the entrepreneur.
Any additional costs, such as delivery and payment costs, will be stated on the website and will be displayed during the ordering process.
Within the current calendar year, price changes will be announced as early as possible. We work with price lists and do not automatically apply agreed prices or contracts. Agreed prices or contracts are always confirmed in writing and approved by both parties. An agreed price or contract is only valid if it is accompanied by an agreed purchase commitment. Price lists and rates will automatically expire in the new year unless otherwise agreed.
We reserve the right to adjust our rates at any time when necessary. We are not obligated to accept orders unless a purchase contract has been agreed upon. Every order is subject to the customer’s request and the supplier’s acceptance.
Price changes, market fluctuations, and typographical or printing errors are subject to correction.
Errors or mistakes in the quotation do not bind the entrepreneur. The entrepreneur reserves the right to correct errors in prices or descriptions, even after an order has been placed. In the event of such a correction, the entrepreneur will provide the customer with a clear explanation or justification to show where the error occurred and the reason for the adjustment.
Discounts or offers are always of a temporary nature and apply only within the specified period. If no specific end date is mentioned, the maximum validity period of an offer is two weeks. The entrepreneur reserves the right to change or withdraw discounts and offers at any time. If the offer is withdrawn or adjusted, the entrepreneur will inform the customer of this in writing, by phone, or by another appropriate means. The offer is then only valid until a notice of withdrawal or modification is made by the entrepreneur.
If the price of a product or service increases after the agreement is concluded but before delivery, due to government measures, currency fluctuations, or other external factors beyond the entrepreneur’s control, the entrepreneur has the right to adjust the price accordingly. In such a case, the customer has the right to cancel the agreement unless the price increase is the result of legal regulations or tax measures. In that last case, the customer does not have the right to cancel the agreement.
The customer has provided the entrepreneur with the necessary contact details, including a valid email address, which is considered the official means of communication for all business correspondence, including price changes, price lists, and contracts. All price changes, price lists, and contracts will be sent to the customer by email. Once the email is sent, it is the customer’s responsibility to ensure that the email can be delivered correctly. The failure to receive an email is not a valid reason for the customer to claim that the rates or documents were not received, nor for invoking the invalidity of these rates or documents. The entrepreneur is not responsible for issues related to spam filters, firewalls, or other blocks that prevent an email from being delivered correctly.
The customer is obliged to regularly check the status and validity of a quotation, price list, or other related document. The customer cannot automatically rely on a price list or quotation in their possession being the current version in use at that time. The entrepreneur is not responsible for the customer’s failure to check these documents regularly and act on outdated information.

Article 7 – Fulfillment of the Agreement and Additional Warranty

The entrepreneur ensures that the products, services, and digital content comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations in effect at the time the agreement is concluded.
If the delivered product, service, or digital content does not comply with the agreement (is defective or faulty), the customer must notify the entrepreneur within 3 days after they could reasonably have discovered this. If the customer does not do this, they can no longer claim any form of repair, replacement, compensation, and/or reimbursement related to this defect.
If the entrepreneur deems the complaint justified, the relevant products will be repaired, replaced, or (partially) compensated after consultation with the customer. The entrepreneur may refer the customer to a manufacturer or supplier in this regard.
If the customer returns products based on the provisions of this article, the customer can return the products. If a refund of pre-paid amounts is made, the entrepreneur will refund these amounts within 30 days after receiving the products.
It is possible that manufacturers and/or suppliers provide their own guarantees. These guarantees are not provided by the entrepreneur. However, if the entrepreneur opts for this, they can assist the customer in invoking these guarantees.
If the entrepreneur delivers products to the customer, the entrepreneur is never obliged to provide a further-reaching guarantee to the customer than the entrepreneur can claim from their supplier. The warranty period will always be clearly stated on the invoice. If no such indication is provided, it is assumed that no warranty applies or that the warranty is provided by the product’s manufacturer.

Article 8 – Delivery and Execution

Once the order is received by the entrepreneur, the products will be sent as soon as possible, taking into account the provisions in paragraph 3 of this article.
The entrepreneur has the right to involve third parties in the fulfillment of the obligations arising from the agreement.
The delivery period is generally 30 days unless clearly stated otherwise on the website or at the time the agreement is concluded. The entrepreneur will choose the carrier.
If the entrepreneur cannot deliver the products within the agreed period, they will inform the customer of the expected new delivery time. Exceeding any delivery time does not entitle you to compensation or the right to cancel your order or terminate the agreement unless the delivery delay is such that it is unreasonable for you to expect the agreement to remain in effect. In that case, you are entitled to cancel the order or terminate the agreement as necessary. Reasonable is: 1. depending on the size of the order, 2. the reason for the delay, 3. never less than delays of 2 months.
All delays beyond the entrepreneur’s fault will be added to the delivery time on a 1:1 basis. Where possible, the entrepreneur will make every effort to limit the delay, regularly contact the supplier, and seek solutions to deliver the products quickly. Products made externally by the entrepreneur include: labels, boxes, bottles, caps, triggers, raw materials, accessories, and distribution shelves from other brands. The entrepreneur has no direct influence on these products.
The delivery of the products takes place at the place and time when the products are ready for shipment to you.
Unless expressly agreed otherwise, the risk of the products is transferred to the customer as soon as they are handed over to the carrier. If the customer decides to pick up the products, the risk passes when the products are handed over.
All our products are transferred under ex-works conditions.
If the customer or a third party designated by them is not present at the delivery address at the agreed delivery time to receive the products, the entrepreneur has the right to take the products back. The entrepreneur will, at extra cost, offer the products again at a different time or day, as agreed with the customer. If delivery proves impossible, the payment obligation does not cease, and any additional costs, including those for returning the products, will be charged to the customer.
If the ordered product is no longer available, the entrepreneur will make efforts to offer a similar product of similar quality to the customer. The customer is then entitled to cancel the agreement free of charge.
If you provide an address to the entrepreneur in writing, the entrepreneur is entitled to send all orders to that address unless you provide a different address in writing for delivery.

Damage During Delivery

For damages that occur during transport (for example, with DHL), the transporter’s general terms and conditions will apply. In the case of DHL, this means compensation of a standard €3.40 per kg. If your purchase is more expensive than €3.40 per kg, the customer may take out additional insurance if they do not want to take the risk of transport damage.
The customer must notify the entrepreneur of any transport damage within 3 days of receiving the goods. If the customer does not do this, they can no longer claim any form of repair, replacement, compensation, and/or reimbursement for this defect. In the case of a complaint, the following must be provided: a photo of the damage, a description of the damage, the number of products, and the reason for the damage.

Article 9 – Duration Transactions: Duration, Termination, and Renewal

Termination:

The customer can terminate an agreement that has been concluded for an indefinite period and that involves the regular delivery of products (including electricity), digital content, or services at any time, observing the agreed termination rules and a notice period of two months.
The customer can terminate an agreement concluded for a fixed period and that involves the regular delivery of products (including electricity), digital content, or services at any time before the end of the fixed period, observing the agreed termination rules and a notice period of two months.
The customer can terminate the agreements mentioned in the previous sections in writing.

Renewal:
4. An agreement concluded for a fixed period, which involves the regular delivery of products (including electricity), digital content, or services, will be automatically extended for the same duration unless otherwise agreed.
5. The mentioned notice periods apply accordingly to terminations by the entrepreneur.

Article 10 – Payment

The customer must make payments to the entrepreneur according to the payment methods indicated in the order procedure and possibly on the website. The entrepreneur is free to choose the payment methods offered, and these may change from time to time. Unless agreed otherwise, in the case of payment after delivery, a payment term of 14 days applies, starting from the invoice date for deliveries within the Netherlands, and immediately for deliveries outside the Netherlands unless otherwise agreed in writing.
Payment can be made via prepayment or upon receipt (cash on delivery). For payment via bank or giro, the payment date is the date of crediting the giro or bank account of the business name.
If the customer does not meet their payment obligation(s) on time, the customer will be in default automatically, without the need for a reminder, from the day the payment should have been made. If payment is made after a reminder from the entrepreneur, the customer owes an administration fee of thirty-five euros (€35.00). The entrepreneur has the right to increase the owed amount with statutory interest and can charge any extrajudicial collection costs and court costs to the customer.
If the customer is in default with any payment, the entrepreneur is entitled to suspend (the execution of) the relevant agreement and related agreements or terminate them.

Article 11 – Retention of Title

As long as the customer has not made full payment for the entire agreed amount, all delivered goods remain the property of the entrepreneur. The risk regarding the products passes to the customer as soon as the products leave our warehouse. All deliveries are ex-works.

Article 12 – Right of Withdrawal

Products

The customer can cancel an agreement regarding the purchase of a product within a 14-day reflection period without giving any reason. The entrepreneur may ask the customer for the reason for withdrawal. See Article 13 for exclusions.
The 14-day reflection period mentioned in paragraph 1 begins the day after the customer receives the product.

Services and Digital Content Not Supplied on a Physical Medium
3. The customer can cancel a service agreement and an agreement for the delivery of digital content that is not supplied on a physical medium within 14 days, with a reason. The entrepreneur may ask the customer for the reason for withdrawal. See Article 13 for exclusions.
4. The 14-day reflection period mentioned in paragraph 3 starts the day after the agreement is concluded.

Article 13 – Exclusions from the Right of Withdrawal

Products

Products that, by their nature, are irrevocably mixed with other products after delivery;
Products that have been mixed with a color;
Products from offered quotations or for which a confirmation has been sent;
Products from the following categories:

4a. 1000L IBC
4b. 200L Barrels
4c. 25L Jerrycans
4a. Products for which the customer has received a discount of more than 40% from the recommended retail price.

Products that are no longer in their original packaging;
Products that have been damaged or contaminated during the reflection period (this also applies to the packaging);
Products specially ordered or manufactured for you.

Services and Digital Content Not Supplied on a Physical Medium

Service agreements, after partial or full execution of the service, but only if:
a. the execution began with the express prior consent of the customer.
Digital content that, after downloading or receipt, can be copied or duplicated.

Article 14 – Exercising the Right of Withdrawal by the Customer and Associated Costs

If the customer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period using the model withdrawal form or in another unambiguous manner. For business customers, we assume they are knowledgeable before ordering from us. Returns within the set period are based on the assumption that all costs incurred by the buyer will be reimbursed. Products made specifically for you will never be accepted for return.
As soon as possible, but within 14 days after the notification mentioned in paragraph 1, the customer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product. The customer has observed the return deadline if they return the product before the reflection period has expired.
The customer returns the product with all delivered accessories in original unused condition and packaging, and according to the instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the customer.
The customer bears the direct costs of returning the product, which are €9 per package and €58 per pallet.
The customer always has the option to return or send the product at their own expense.
The customer bears the costs for administration, packaging the order, receiving the shipment, and clearing all goods. These costs will be charged to the customer as a percentage of 10% of the value of the returned goods.
All costs will be calculated via an invoice or credit invoice.

Article 15 – Liability

Except in the case of intent or gross negligence, the total liability of the entrepreneur to the customer for attributable failure to fulfill the agreement is limited to compensation of a maximum amount equal to the price agreed for that agreement (including VAT). In the case of a long-term agreement, the liability is limited to the amount the customer owed the entrepreneur in the 3 months preceding the damaging event.
The entrepreneur is not liable for indirect damage to the customer, including but not limited to consequential damage, lost profit, missed savings, loss of data, and business interruption.
The previous sections do not apply to damage the customer has suffered in the resale of products purchased from the entrepreneur to consumers due to the fact that the latter exercised one or more of their legal rights due to a defect in those products.
If performance is not permanently impossible, the liability of the entrepreneur towards the customer due to an attributable failure to fulfill an agreement arises only after the customer has immediately and properly notified the entrepreneur in writing of the failure, setting a reasonable period for remedying the failure, and the entrepreneur still fails to fulfill their obligations after that period. The notice of default must contain a detailed description of the failure so that the entrepreneur can respond adequately.
A condition for any entitlement to compensation is that the customer reports the damage as soon as possible, but no later than 7 days after it occurred, in writing to the entrepreneur.
In case of force majeure, the entrepreneur is not obliged to compensate any damage caused to the customer by this.

Article 16 – Complaints Procedure

The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint according to this procedure.
Complaints regarding the execution of the agreement must be submitted in full and clearly described to the entrepreneur within a reasonable time after the customer has detected the deficiencies.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the customer can expect a more detailed response.

Article 17 – Disputes

Dutch law exclusively applies to all rights, obligations, offers, orders, and agreements related to these general terms and conditions.
Should any disputes arise from the Agreement that cannot be amicably resolved, they will be submitted to the competent court in the district where the entrepreneur is located. The entrepreneur and the customer may agree to resolve their disputes via binding advice or arbitration.

Article 18 – Intellectual and Industrial Property Rights

You must fully and unconditionally respect all intellectual and industrial property rights pertaining to the products provided by the entrepreneur.
The entrepreneur does not guarantee that the products delivered to you do not infringe any (non-written) intellectual and/or industrial property rights of third parties.

Article 19 – Orders/Communication

The entrepreneur is not liable for misunderstandings, distortions, delays, or improper reception of orders and communications due to the use of the Internet or any other means of communication in the interaction between the customer and the entrepreneur or between the entrepreneur and third parties, insofar as it concerns the relationship between the customer and the entrepreneur, unless there is intent or gross negligence on the part of the entrepreneur.
All orders must be submitted via our website in the form of an order through the webshop platform or by email to order@4msp.nl or info@4msp.nl.

Article 20 – Force Majeure

Notwithstanding other rights, the entrepreneur has the right in the event of force majeure to suspend the execution of your order or to terminate the agreement without judicial intervention, by notifying you in writing, without the entrepreneur being obligated to pay any compensation, unless this would be unacceptable under the given circumstances according to standards of reasonableness and fairness.
Force majeure means any failure that cannot be attributed to the entrepreneur because it is not due to their fault and is not their responsibility under law, legal action, or prevailing views in the trade.

Article 21 – Work Activities

All work not offered in advance or work that the customer instructs the entrepreneur to perform will be carried out on the basis of post-calculation at the applicable hourly rate.
The entrepreneur’s hourly rate is divided into 4 categories:
1. Production worker for simple tasks at €40 per hour
  Folding boxes, cutting triggers, preparing bottles, receiving goods, packing, filling, labeling, etc.
2. Production worker for setting up and adjusting equipment at €50 per hour
  Filling machines, packaging machines, labeling machines, etc.
3. Use per machine (semi-automatic) at €20 per hour
  Filling machine, labeling machine, capping machine
4. Use per machine (fully automatic) at €40 per hour
  Filling machine, labeling machine, capping machine
5. Other work at €60 per hour
  Design, documentation, administration, consultation, website, promotion, etc.
  The prices mentioned are exclusive of VAT.

Article 22 – Private Label

The customer is responsible for the correct and accurate preparation of labeling and its proper implementation for compliance with the legislation required for the relevant product. The entrepreneur will indicate the guidelines to be followed.
The customer is responsible for accurately specifying the user manual on the label.
The customer is responsible for creating a design regarding the appearance of the product.
The customer is responsible for determining and testing whether the chosen bottle, cap, and/or trigger are suitable for the selected liquid. This can be done through durability tests or by engaging a research agency.
The customer is responsible for the consequences if a bottle, trigger, cap, label, or liquid turn out to be incompatible. Examples include dents/cracks in bottles, leaks due to the wrong bottle, cap, and/or trigger combination, or labels detaching due to the liquid vaporizing through the bottle.
Private label products are made specifically for you. Therefore, we require a 40% deposit before production begins. 40% when the product is ready, and the remaining 20% will be invoiced based on your request with a payment term of 14 days. Orders from abroad must be paid before delivery.
We allow a delivery tolerance of up to 10% over or under. During production, an item may be slightly below standard, and we will remove it from the batch. To minimize under-delivery, we may produce extra items during a production run. If production goes well and efficiently, this may result in over-delivery. If something goes wrong during production, it will result in under-delivery. We can also use over-delivery to better utilize our raw materials. For example, if we have 19kg of ingredient X in a drum and 18kg is needed for production, we will slightly increase the production to avoid wasting raw materials. This helps us save the environment and minimize waste streams. We always invoice you for the actual delivered quantity. If something goes wrong, the risk is on us.
Delivery times for private label products are 1-6 weeks, depending on availability. If you choose to store your labels here, we can often shorten the production time significantly. 1-3 weeks is usually achievable. Please keep in mind that if we need to order labels for you, we are also dependent on the manufacturer.
Pickup and Shipping Instructions: Once the production of private label products is completed, the customer will receive a notification. The customer must pick up the products within 5 working days or give instructions for the products to be shipped on their behalf. The resulting shipping costs will be charged separately.
Storage and Handling: If the customer fails to arrange transportation or give instructions for the goods to be shipped within the 5 working days, the goods will be stored according to the “Warehousing” rates. At a minimum, the following costs will be charged: inbound, storage, and outbound handling.
Billing: The final invoice will generally be sent when the products have been picked up or shipped. If the products are not picked up or shipped within the specified 5 working days, the entrepreneur will send the invoice no later than 5 days after the set deadline. For customers outside the Netherlands or for orders exceeding the provided credit limit, payment must be received prior to shipping or pickup.

Article 23 – Large Area Distribution
(distributor) (not applicable to sellers and dealers)

The supplier and the distributor will hold an annual meeting 3 months before the start of each new subsequent year of the agreement to discuss and set reasonable performance and sales targets for that year of the agreement.
The distributor will make every effort to stimulate and expand sales through adequate marketing. The distributor commits to regularly placing ads on Facebook, Google, Instagram, etc., and in various trade magazines and organizing other promotional activities, such as promoting at trade shows, events, and car/truck shows. The distributor will also report all upcoming and past promotions to the supplier. The distributor recruits new customers within their territory, maintains regular contact with existing customers, and communicates any relevant information about the status of sales and market position in their assigned territory to the supplier. The distributor will report how many and what type of products were sold during that period within 14 days after the end of each quarter.
The distributor will inform the supplier of all resellers they appoint, so they can be listed on the general website in the dealer overview. The distributor will also list these resellers on their own website.
The distributor commits not to actively recruit customers outside of their assigned territory, nor conduct market research or establish a sales office or warehouse for the sale of the products in another territory than what is assigned to them.
The supplier is obligated to cooperate fully with the distributor and provide all necessary documentation related to advertising materials designed by the supplier or on behalf of the supplier, such as ad texts, results of previous research, or samples.
The supplier is obligated to provide the distributor with the possibility to use the existing promotional materials to translate them into their own language in a cost-effective way. The distributor may decide whether to handle the translations themselves or have them done by the supplier for a fee. In the latter case, the supplier will charge the distributor the actual cost without any markup. The distributor is responsible for guarantees, printing errors, and must conduct a final check of the materials.
The distributor will ensure they have a representative vehicle to visit their current and new customers.
The distributor will have exclusive rights for the territory described in Article 1 and for the products specified in that territory, so that the distributor may resell the supplier’s products in their own name and at their own risk, excluding others. The distributor may also use the supplier’s trademarks, following all instructions from the supplier regarding their use. The supplier will lose the right to sell their product in the territory assigned to the distributor for the products under the agreed brand.
The distributor is prohibited from working outside the described territory or closing transactions with customers located outside that territory, unless this is done at the request of or with the prior written consent of the supplier. See Article 3.3.
Orders occasionally received in the webshop from outside the distributor’s territory or from within the territory placed in the supplier’s webshop will be exempted up to a maximum of €5,000 in revenue per year.
The distributor commits, during the term of the agreement, not to represent or sell products that, due to their nature or ultimate use, compete with the supplier’s products, without the supplier’s consent.
All offers, quotations, and agreements between the supplier and distributor are subject to the supplier’s then-current general sales terms.
The distributor must provide the supplier with all relevant (current and future) information that complies with the legal regulations and trade practices in the distributor’s country. The distributor must check the information for accuracy before placing an order and inform the supplier of any necessary adjustments. The supplier commits to producing products according to the provided information, though additional costs may result, which might affect the price.
The supplier commits to indemnifying the distributor against any claims for damages due to a product malfunction.
The supplier will set the price at which it will sell its products to the distributor and reserves the right to change the price. This does not apply to already concluded transactions.
Price changes must be communicated to the distributor one month in advance in writing.
All prices are ex-works, and the distributor is responsible for arranging transport. If the distributor wants the supplier to handle transportation, they must notify the supplier at least 5 days before the order. All related costs are the responsibility of the distributor.
The distributor assumes the transport risk for the products to be delivered. The products to be delivered are insured by the distributor.
Payment must be made at least one day before pick-up to one of the supplier’s accounts.
The distributor commits to maintaining an adequate stock to meet customer demand and will monitor timely ordering of products from the supplier. Products not in stock with the supplier that are specially made in the distributor’s language should account for a longer delivery time.
The distributor commits to ordering at least 40% of their annual stock during the off-season so that sufficient time is available to prepare this quantity. This also ensures that there is enough stock at the start of the season to handle peak restocking for all stores.
The supplier commits to carefully processing the distributor’s orders. However, the supplier is not liable for damage due to delivery or delayed delivery caused by force majeure.
The distributor must place orders with the supplier for the products they wish to receive. The distributor must also specify the desired delivery time and any other characteristics or changes. Delivery and production times range from 1-6 weeks.
The supplier must accept and process orders for products within the normal assortment as described.
The supplier commits to giving the distributor all possible attention and care when processing orders and will make every effort to meet the desired delivery times.
The distributor is prohibited from establishing or running any business similar to that of the supplier within two years after the termination of the distribution agreement in the territory specified in Article 1.
If the distributor violates the prohibition described in Article 26, they will forfeit a penalty of €10,000 to the supplier, plus €1,000 for each day the distributor remains in violation, without prejudice to the supplier’s right to claim actual damages.
The distributor must create a website dedicated to their territory and the brand they distribute.

Article 24 – Use of Trademarks and Logos
The customer may use our trademarks and logos for clarification, illustration, sales promotion, and advertising as described in the style guide. Deviations from this are not allowed. Misuse will result in the trademark and logo owner charging the user for damages. Additionally, the owner will demand immediate cessation of the use of their intellectual property. These trademarks and logos may only be used for the promotion and sale of the products to which the logo and trademark belong. It is not allowed to use trademarks and logos on social media, websites, URLs, emails, print materials, or any form of expression to promote the sale of other products not manufactured by the entrepreneur (4M-Specialties). Social media pages, websites, URLs, print materials, etc., that create the impression they belong to a brand or logo may only contain products that are actually made by the entrepreneur. Specific brands and logos are designed for particular target groups and purposes and should not be combined casually. Please refer to the style guide and sales terms of the relevant brand or logo.

Appendix I: Model Form for Withdrawal

Model form for withdrawal
(only complete and return this form if you wish to revoke the agreement)

a. To: [name of entrepreneur]
[entrepreneur’s geographical address]
[entrepreneur’s fax number, if available]
[entrepreneur’s email address or electronic address]

b. I/We* hereby inform you that I/we* revoke our agreement regarding the sale of the following products: product description
the delivery of the following digital content: [digital content description]*
the provision of the following service: [service description], withdrawn/revoked

c. Ordered on*/received on* [order date for services or receipt date for products]
d. [Company name]
e. [Customer(s) name]
f. [Customer(s) address]
g. [Customer(s) signature] (only if this form is submitted on paper)

Strike through what does not apply or fill in what applies.

Terms & conditions

Book a phone consultation!

Your cart