Terms and conditions of sale                         » Back to Index page  

Article 1. Definitions


 In these terms and conditions of sale, the following concepts and expressions are defined:

  • Dealer: Gobanna caravans, its registered office in IJmuiden, user of these terms and conditions;

  • Buyer: the person in whose commission or on whose behalf, or with whom a contract of sale is concluded to the delivery of goods and/or the provision of services;

  • Sales contract: the written agreement between buyer and dealer concerning the delivery of goods;

  • Goods: Physical objects to be delivered, in general: caravans, caravan parts and related products.

  • Parties: dealer and buyer.



Article 2. Applicability
  1. These sales conditions apply to all requests, special offers and orders in relation with delivery of goods by dealer to buyer. Departures from these conditions can only be agreed on in writing.

  2. In case of conflict, agreements of special conditions prevail over these sales conditions.

  3. General conditions of buyer in relation to agreements with dealer concerning an offer by the latter, can only be taken into account for as far as there is no conflict with these terms and conditions of sale. In case of doubt, as to whether such a conflict exists, the dealer’s conditions of sale prevail.

  4. These conditions can be changed and/or amplified by dealer at any time.



Article 3. Offers
  1. All offers will be valid for a period of four weeks, unless the offer explicitly states a different period. The offer is based on the then current prices.

  2. An offer by dealer can only be completely accepted or fully rejected by buyer. In a compound offer, the dealer is under no obligation to make a partial delivery against an equal part of the full price.



Article 4. Agreement
  1. The agreement is concluded as soon as acceptance of the offer has reached the dealer. Acceptance must be in writing, by fax or by email. By accepting, buyer agrees explicitly to the conditions.

  2. If the acceptance makes reservations or alterations in the offer, conclusion of the agreement will only occur after dealer has informed buyer to agree with these changes.

  3. Supplementary oral agreements will not be taken into account. Dealer can only be held to agreements, made by an intermediary for the buyer, if dealer has confirmed them in writing.



Article 5. Price and price revision
  1. Prices do not include VAT, unless stated differently, and include all expenses necessary for dealer to fulfill his obligations.

  2. All prices are based on the conditions at the time of the agreement. These include exchange rates, import duties, taxes and charges. If at any time after the closure of the agreement, one or more price factors, including the afore-mentioned factors is raised, dealer has the right to raise the agreed price accordingly. Dealer has to inform buyer immediately in writing if any price raise occurs.

  3. Unless agreed differently, prices are based on delivery at Gobanna in IJmuiden.

  4. If buyer has objections against price raises based on this article, he has to inform dealer of his objection in writing, within 14 days after the sending of afore mentioned information notice. If buyer fails to do so, he is supposed to have accepted the price raise.

  5. All prices concerning offers/ buying agreements, or service agreements, are based on the most recent listed prices, as published by dealer.

  6. Unless agreed differently in writing, all prices are net, without any discount.



Article 6. Invoicing and payment
  1. For payment, the invoice date will be the date of delivery of goods or services.

  2. Payment will be cash on delivery, or prior to delivery by transfer or deposit of funds, to a banking account specified by dealer unless agreed otherwise in writing. The transfer date as specified by the bank will be considered as the payment date. Buyer does not have the right to withhold payment based on a counter claim, unless he holds a credit nota or another written agreement from dealer on the invoice date.

  3. The prior condition does not apply if COD delivery is agreed on; in that case, the carrier is to be paid in cash.

  4. Payment at an earlier date than the invoice date does not give right to a discount based on early payment, unless dealer has agreed to this in writing. All payments are considered to apply to the oldest unpaid invoice.

  5. If buyer has not complied with his payment obligations on the due date of the invoice, he is considered to be in default. If buyer has not paid on time, dealer has the right to annul the agreement without the need for a court order. In that case, buyer is liable for the losses of dealer. If payment is not received within 30 days from the invoice date, dealer has the right to charge buyer for interest loss at the current interest rate, but at least 10% yearly, over the full invoice price. If the invoice is not paid within the agreed period, all prior agreed discounts will be void. The interest over part of a month will be calculated as over a full month.

  6. Furthermore, dealer has the right to claim, above the full price and the interest, all further collection charges as caused by nonpayment, as well as judicial and extrajudicial charges. Extrajudicial collection charges are always due if dealer has to resort to assistance by third parties. These charges amount to 15% of the invoice price.

  7. Furthermore, dealer has the right at all times, even while executing an order, to put his obligations to buyer on hold, until buyer at the request of dealer and to his satisfaction, has provided security for the fulfillment of his obligations as in the agreement contract and any current contract.

  8. If buyer uses his right of storage as stated in article 8, he is still liable to pay on the agreed time as stated sub a. of this article.

  9. All payments have to be done in Dutch currency (Euro). In those cases when a different currency has been agreed on by parties in an agreement, dealer has the right to end the agreement if the currency rate changes to his detriment.



Article 7. Quality
  1. Dealer takes upon him to deliver goods to buyer according to the description, quality and quantity as agreed on in the offer, or the amended offer.

  2. Dealer takes upon him to deliver goods to buyer that as much as possible are like samples or models as described or provided by dealer. Delivered goods are allowed to differ from the description in the offer as much as is usual in this line of business.

  3. Dealer is not responsible that articles are suitable for the use that buyer intends, not even if buyer has disclosed his intended use to dealer, unless parties have agreed differently.



Article 8. Time of delivery
  1. The agreed term for delivery begins at the date dealer confirms the contract agreement, or the day acceptance of the offer has reached dealer. However, if executing the agreement depends in part on data, permits and licenses that buyer has to supply, the delivery term begins on the day the data and/ or licenses/ permits are received by dealer.

  2. If the suspension, as mentioned sub a. of this article is more than six months, each of the parties involved has the right to end the contract with the other party immediately.



Article 9. Delivery
  1. Unless agreed differently, dealer delivers at Middenhavenstraat 12 in IJmuiden.

  2. If dealer agrees to transport the goods at the expense and risk of buyer, dealer commits himself to transport and secure articles in such way that under normal conditions they will reach their destination in good condition.

  3. Immediately upon delivery, all responsibility for direct and indirect damages to or through the delivered goods is with the buyer.

  4. If the goods cannot be shipped due to circumstances beyond the responsibility of dealer that lie with the buyer, dealer is considered to have met his obligations by keeping the goods at the disposal of buyer, if dealer gives written notice of this state of affairs to buyer, within three days after the occurrence.

  5. Previous applies as well, if the goods are undeliverable, due to the lack of an appropriate delivery address. In all cases when goods return to dealer’s address, due to un-deliverability, buyer is fully responsible for the consequences.

  6. Buyer insures that at time of delivery, someone is available to assist in receiving the goods.

  7. If for any reason, buyer is not able to receive the goods at the agreed time when they are ready for delivery/ shipment, dealer will, if conditions permit, at the request of buyer keep the goods in storage and take all necessary measures to prevent loss of quality until the time they are delivered to buyer.

  8. Buyer is obliged to pay for storage according to the current rate of dealer, and by lack of this, according to the usual rate in this line of business, from the time the goods were ready for delivery, or, if that time is later, from the delivery date specified in the contract.

  9. Buyer is obliged to take possession of the acquired goods within the period agreed on. If buyer does not oblige, dealer has the right without prior proof of default or judicial interference to enforce payment of the invoice, or the part thereof that is not yet paid; or to declare void, also without prior proof of default or judicial interference, the agreement or the part thereof that is not yet executed. This does not diminish dealer’s right to be reimbursed in full for all damages suffered.

  10. Exceeding the delivery date cannot ever be cause to damages paid to buyer, unless previously agreed to in writing; not even if buyer gives proof of default.

  11. Dealer is allowed to deliver prior to the agreed delivery time.



rticle 10. Guarantee
  1. Buyer is obliged to inspect the delivered goods immediately upon delivery.

  2. Claims include all complaints of buyer about the quality of the delivered goods. Claims and complaints against any invoice or bill of dealer, respectively concerning the condition of the delivered goods, must be lodged to the dealer in writing, within four weeks from the date of documents received, or the date of delivery of goods, by way of registered mail. Claims or complaints that are lodged later, or by different means, do not give right to consideration.

  3. Claims can only be legally valid if the goods are still in the same state as delivered. Differences that are unavoidable, or considered normal within the trade do not give cause to a justified claim. Claims can never be a reason for failure to comply with payment obligations.

  4. Dealer is liable for damages to and goods, occurring during the guarantee period as mentioned in the order agreement, unless the damage results from uses the buyer makes of the goods, in a manner that conflicts with the instructions for use provided, or otherwise commits an error.

  5. Liability of dealer is limited to replacement or repair free of charge, of the faulty goods or parts thereof, this at the assessment of dealer. Dealer guarantees that goods sold meet the quality standards that are usual for similar products. However, for products that dealer has bought from third parties, dealer will never give more warranty than the third party from which it originates.

  6. Dealer cannot be held accountable for any guarantee obligation or reimbursement of damages, unless buyer holds dealer liable in time, by way of registered mail, by email or by fax, including documented grounds for the claim.

  7. Guarantee only applies if buyer has fulfilled all his obligations to dealer; whereas not fulfilling these obligations will not result in an extension of the guarantee period as stated in the invoice or in the order agreement.



Article 11. Transfer of liability and ownership
  1. Ownership of goods and articles delivered to buyer by dealer remains with dealer, as long as buyer has not paid for invoices from dealer for this or a similar agreement, and also if buyer has not paid for part of such an agreement, including payment for interest, expenses or fines. In those cases, dealer has the right to keep the delivered goods under his authority. Ownership will be transferred to buyer when he has fulfilled all his obligations to dealer.

  2. Under no condition does buyer have the right to take possession of the goods or articles before the open invoices are paid in full. Neither is it allowed to rent out, pawn or make a gift of the goods, or place a possessory lien on them before full payment is made. If buyer signs an agreement considering any of these things, he will be held guilty of embezzlement.

  3. If dealer has reasonable doubt that buyer has the capacity to pay, he is entitled to delay delivery of the goods, until buyer has provided security for payment. Buyer is responsible for expenses from delayed delivery. In that case, dealer maintains ownership of the goods until all expenses are paid.




Article 12. Confidentiality and prohibitive disclosure


Buyer is not allowed to disclose the existence, the nature and the content of the agreement as well as any other business information, or to make public anything in this regard without written permission from the dealer


 Article 13. Liability

Compensation by dealer with respect to the guarantee liability is the only form of liability the dealer has. Any other form of compensation is excluded.
Article 14. Annulment and circumstances beyond one’s control

a. Although article 6 remains in full force, the sales contract will be undone out of court at the time that buyer is declared bankrupt, is placed under a moratorium of payment, or is placed under legal restraint or loses control over his property or part thereof in any other way, unless the financial administrator or the curator guarantees the fulfilment of the obligations.


b. In case of annulment, existing claims immediately become mutually demandable. Buyer is responsible for expenses occurred by dealer, such as loss of profit, or transport costs.


c. The term for delivery as mentioned in article 8 will be advanced with the period that buyer is unable to fulfil his obligations, due to circumstances beyond his control. If this inability lasts more than six months, each of the parties – under the exclusion of further rights – is entitled to end the sales contract under the Law. The six-month term can be shortened or lengthened, subject to proof by any of the parties involved, that annulment at an earlier or later time is justified.


d. Circumstances beyond control for the dealer include in any case the following:

  • The circumstance that a performance, essential to dealers’ own achievement, is not delivered , or not delivered on time or in appropriate condition;

  • Strikes;

  • Disturbances in traffic conditions;

  • Measures by the government, rendering dealer incapable to fulfil his obligations in time or in full.


e. In case of circumstances beyond control of such a nature, that either dealer or buyer cannot be expected within reason to meet his obligations, the Judge, at the request of either dealer or buyer, can change the sales contract, or in part or in full annul it.

f. In case dealer, in his own opinion, is unable to deliver due to circumstances beyond his control, he has the right to annul the buying - selling contract or the agreement to perform services, and dealer cannot be held to pay in any way for damages that result from this annulment. Circumstances that are beyond control of dealer encompass amongst others all facts and circumstances that render dealer incapable of fulfilling his obligations, when they occur without interference of dealer.
g. Annulment shall be done by means of a registered letter or by means of a summons to dealer.

Article 15. Return shipments

  1. Dealer is under no obligation to take back and replace or credit buyer for goods, ordered by buyer.

  2. In exceptional cases, under specific conditions dealer can agree in writing to take back or credit buyer for ordered goods.


 Article 16. Disputes

  1. Disputes between parties, including those only perceived as such by one of the parties, will be solved as much as possible by way of mutual agreement.

  2. If parties are unable to solve their disputes, they will be brought to court in the court district where dealer is established.



Article 17. Applicable law
Only Dutch law is applicable to the contract, of which these sales conditions are part. Foreign law and treaties such as the CISG are excluded.