GENERAL TERMS AND CONDITIONS
In these General Terms and Conditions the following terms shall have the following meanings, except
where stated otherwise:
General Terms and Conditions: these general terms and conditions.
Day: calendar day.
Cascando: the company Cascando Products b.v., located at Impact 2, in 6921 RZ Duiven The
Netherlands and registered with the Trade Register of the Dutch Chamber of Commerce under
Customer: every legal person or individual, acting in the conduct of a business or profession, who would like to enter into a contract with Cascando.
Website: name of the website of Cascando, being www.cascando.com.
Acceptance of these General Terms and Conditions
1. By registering for and/or accessing, browsing or otherwise using the website, including, but not limited
to, placing an order for products, you acknowledge that you have read, understand and agree to be
bound by this agreement.
2. If you do not intend to accept this agreement and each of its terms, you may not use this website.
3. You will be required to accept the terms of this agreement (as same may be amended) each time you
place an order with us, and if you do not accept the terms you will not be able to place an order.
1. These General Terms and Conditions apply to all offers, proposals and agreements made by
Cascando and all obligations arising thereto to the customer. To the extent the customer (also) orders
other products or services whereupon special general terms and conditions are applicable, these
special general terms and conditions are also declared applicable to the agreement between the
customer and Cascando.
2. In case the customer declares its own general terms and conditions applicable to an agreement with
Cascando or refers to it, these general terms and conditions shall not be accepted by Cascando. The
General Terms and Conditions of Cascando shall prevail, unless explicitly agreed otherwise at an
3. The General Terms and Conditions are provided to the customer in advance and can be reviewed via
the website and can be downloaded as a PDF file on the website as well. The General Terms and
Conditions shall be provided for free.
4. All the agreed provisions in favour of Cascando of these General Terms and Conditions and of any
further agreements, are also applicable to any third party hired, called in or used by Cascando.
5. These General Terms and Conditions do not apply to offers to and agreements with individuals who
do not act in the conduct of a business or profession.
1. All offers/proposals qualify as a non-committal offer and/or proposal and can always be revoked, also
in case it includes a term for acceptance. Proposals/offers can also be revoked in writing within seven
days after receipt by Cascando, in which case no agreement will be concluded.
2. Offers/proposals can only be accepted in writing (including an acceptance by telefax or those made
through electronic means). However, Cascando is entitled to accept an oral acceptance as if this
would have been done in writing. In case the customer places an order on the website of Cascando,
this order is final in case the customer clicks on the order button or receives a confirmation of his
order by e-mail. Once the customer of Cascando receives a confirmation by e-mail, a binding
agreement between parties is established.
3. Information that is included in advertising material in the broadest sense of the word, such as
catalogues, pricing lists, brochures and websites of third parties, shall never be binding for Cascando.
4. Except for written agreements stating explicitly otherwise, specifications of size, weight and other
information are estimates, as accurate and reliable as possible.
1. All prices provided by Cascando are based on price determining factors that are known at the time of
issuance of an offer/proposal.
2. Unless explicitly agreed otherwise in writing, prices provided by Cascando are always excluding VAT
and excluding shipment costs.
3. Cascando is entitled to adjust the prices or parts thereof for products and/or services that have not
been delivered or paid yet due to changes of price determining factors, such as raw material prices,
wages, taxes, production costs and currency exchange rates.
4. Cascando is authorized to adjust the prices with immediate effect in case a legal price determining
factor causes such.
1. At all times Cascando is entitled to request certainty from the customer for the correct and timely
fulfillment of its payment obligations.
2. In case delivery occurs in parts, every part can be charged separately by Cascando, unless agreed
otherwise in writing with the customer.
3. In case of a payment default, Cascando is entitled to suspend or cancel the execution of the
agreement and any other related agreement.
4. All payments shall be transferred to a Dutch bank account number provided by Cascando.
5. The customer waives its right to set off (verrekenen) any amount due by Cascando. The customer is
not entitled to set off any amount.
6. Transferring payments by the customer to Cascando through electronic means, including via the
internet and by credit cards, is at the customer’s own risk. Cascando is not liable for any damages of
the customer which are connected to or are the result of such payments through electronic means.
Providing credit card details by the customer to Cascando via the internet or otherwise is at the
customer’s own risk.
Accounts and registration
1. The customer can create an account or otherwise register on the Website. Cascando reserves the
right to refuse or cancel any such registration, for example in the event of irregularities.
2. The login details are strictly personal and must not be disclosed to third parties. The customer is
responsible for his login details, even in case this is done without his knowledge.
3. The customer shall immediately alert Cascando in case he suspects that his login details are known
by an unauthorized third party or in the event of irregularities.
4. The customer may not create or manage more than one account. Moreover, the customer shall not be
allowed to register or manage an account (again) after Cascando has denied the request of the
customer to create an account or after cancellation of the registration.
1. At all times the place of delivery is – except where stated otherwise in writing – the customer’s actual
registered office or the registered office that is specified during the order process and/or the registered
office of the party to the agreement.
2. The delivery terms included in offers/proposals, confirmations and/or contracts are given in good
conscience. They will be complied with to the extend possible, though they can never be considered
as a final date.
3. The customer is obliged to enable Cascando to perform the delivery.
4. The customer guarantees for its own account and risks:
a. to provide the support that is necessary for Cascando to conduct the performance;
b. to purchase the ordered products and/or services; and
c. to enable the delivery to occur under average working conditions, during average working hours
from 8 a.m. to 6 p.m.
5. In case the ordered products and/or services are offered to the customer, yet delivery is not possible
due to the fact that the customer did not fulfill its obligations under paragraph 3 and 4 of this Article,
the delivery will be considered declined. From this moment on, the customer is in default without the
requirment of a formal notice of default from Cascando. The day of refusal of the delivery is
considered to be the delivery date of the ordered products and/or services. From this moment on, the
products are at the customer’s own risks as stated under Article ‘Transfer of Risk’ of these General
Terms and Conditions.
6. Notwithstanding the obligation to pay, the customer is entitled to repay the damages Cascando has
suffered as a result of the refusal referred to under paragraph 5 of this Article, including the costs of
storage and transport. The transport costs are based on local common rates.
Returns and exchanges
1. Please inspect your purchased products immediately upon receipt, your satisfaction with our products
is of the utmost importance to us. If there is an issue with your order, contact your Cascando
Customer Service team at 011.31.263.519.603 within three (3) days of receipt. You may also contact
us via e-mail at email@example.com
2. If you are not satisfied with your product, your refund will be reduced by a restocking charge equal to
15 % of the purchase price. Please note that shipping charges are non-refundable. Returns must be
received in original condition and packaging within 14 days. Please not that we do not accept any
returns on special order products.
3. The customer can repudiate a purchase contract for a product without giving reasons for a reflection
period of 10 business days. The reflection period starts on the day the product is received by the
customer or by a third party appointed by him in advance and who is not the carrier, or:
a. in case the customer ordered several products in the same order: the day on which the
customer or a third party appointed by him received the last product. Cascando may refuse an
order of several products with different delivery dates provided that it clearly informs the
customer prior to the order process, or;
b. in case the delivery of a product consists of several batches or parts: the day on which the
customer or a third party appointed by him received the last batch or the last part.
4. During this period, the customer shall handle the product and the packaging with care. The customer
shall only unpack or use the product to the extent necessary for establishing the nature, the
characteristics and the effect of the product. The guiding principle is that the customer may only
handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
5. The customer is liable for the decrease in value of the product that is caused by the way of handling
the product which went further than allowed in paragraph 2 of this Article.
6. In case the customer would like to return a product, he shall notify Cascando unambiguously within
the Reflection Period.
7. The customer shall return the product or deliver it to (the authorized representative of) Cascando as
soon as possible but within 14 days, following on the notification mentioned in paragraph 4 of this
Article. This does not need to be done in case Cascando offered to collect the product himself. The
customer observed the period of returning the product in any event in case the product is returned
before the expiration of the Reflection Period.
8. The customer shall return the product with all delivered accessories and in case reasonably possible
in the original state and packing and in conformity with the instructions given by Cascando.
9. The risk and the burden of proof for the correct and timely return shipment fall on the customer.
Transfer of risk
Notwithstanding the contents of the agreements made between Cascando and the customer with respect
to the costs of transport and insurance, the products are at the risk of Cascando, until the moment such
products are in the actual power of disposal of property of the customer or of any third party hired by the
customer by means of signing bills of lading, signing lists and/or packing lists or actual delivery.
Retention of title
1. The ownership of products delivered to the customer by Cascando shall tranfer to the customer once
the customer has met all the terms that Cascando may request based on all agreements made with
the customer and the related services or activities performed.
2. Notwithstanding what is stated in paragraph 1 of this Article, the customer is entitled to use the
products received from Cascando for its normal business operations.
3. The customer is not allowed to encumber, pledge, transfer as security and/or to loan or to loan for
consumption and/or to license products that are delivered under retention of title
(eigendomsvoorbehoud) in any way. In addition, the customer is not allowed to modify the products in
4. In the event the customer fails to fulfill its obligations, Cascando is entitled to retrieve the products that
belong to Cascando from where they are at the expense of the customer.
Right of complaint
1. During or immediately after the delivery the customer needs to inspect whether the delivered products
and/or the performed services comply with the agreement.
2. If the customer did not perform aforementioned inspection or did not inform Cascando regarding the
defects in writing within the applicable term as mentioned hereafter the customer loses his right to
3. Visible defects need to be reported in writing to Cascando within five business days after the delivery
and/or performing the relevant service.
4. Hidden defects need to be reported in writing immediately after the customer discovered them yet
within two months after delivery of the products and/or performing the service at the latest.
5. Products subject to the claim may only be returned to Cascando with explicit prior permission from
Returns need to be provided with the original packaging. Returns need to occur in accordance with
instructions from Cascando at all times. Cascando reserves the right to appoint an address to which
the product subject to the claim must be sent to.
6. If according to Cascando there are justified and properly submitted complaints, Cascando is obliged,
this at her choice and taking into account the customer’s interests and the nature of the complaint, to
either replace/exchange the delivered products and/or performed services or to grant a price discount.
7. The right of complaint expires in case the delivered product is not in the same condition as it was
8. Complaints regarding invoices need to be submitted in writing within five business days after the date
of sending the invoice.
1. The limitation mentioned in paragraph 1 of this Article applies also in the event that Cascando is held
liable by the customer for reasons other than this agreement.
2. Direct damage means exclusively:
a. any reasonable costs incurred by a party to repair the default by the other party in order to meet
the agreement. However, these damages are not reimbursed if the other party has terminated
b. the reasonable costs of ascertaining the cause and scope of the damage, to the extent the
determination is related to damage as referred to in the Terms and Conditions;
c. reasonable costs incurred to prevent or limit damage, to the extent the suffering party is able to
demonstrate that these costs have led to a limitation of direct damage as referred to in the
Terms and Conditions.
3. Cascando shall never be liable for any indirect damage, including consequential loss, loss of profits,
lost savings and damage caused by interruption of operations and all damages which are not covered
by direct damage as referred to in these Terms and Conditions.
4. In the event of intent or gross negligence of the directors or managers of Cascando the limitation of
liability is not applicable.
5. Cascando shall never be liable for the materials that have been made available to Cascando by the
customer under the agreement. It is mandatory for the customer to take out a sufficient insurance
regarding these materials.
6. Without prejudice to the abovementioned, Cascando shall not be liable in the event the damages are
caused by intent and/or gross negligence and/or imputable acts or incompetent or inappropriate
usage of the delivered products by the customer.
1. The customer indemnifies Cascando, to the extent permitted by law, against all liabilities towards one
or more third parties, arisen from and/or connected to the performance of the agreement, irrespective
of whether the damage is caused or inflicted by Cascando or by the third parties appointed by
Cascando (hulppersonen), by auxiliary materials or the completed Assignment.
In addition, the customer indemnifies Cascando, to the extent permitted by law, against all liabilities
from third parties in connection with any infringement of intellectual property rights of these third
2. The customer shall take care of adequate insurance of the risks and liabilities mentioned above.
3. The customer is always obligated to make every effort to limit the damage to a minimum.
Force majeure and unforeseen circumstances
1. In case compliance by Cascando or the purchase by the customer is delayed for more than one
month due to force majeure, each party is – with the exclusion of further rights – entitled to terminate
the agreement in accordance with the law. Anything that already has been performed in accordance
with the agreement, shall be settled pro rata between the parties.
2. Force majeure in relation to Cascando shall in any case include:
a. the circumstance where a performance (including a performance of the customer) that is
important regarding the performance to be executed by Cascando has not, not in a timely
manner or not properly, been executed;
c. traffic obstructions;
d. acts of government that prevent Cascando from timely and/or proper fulfillment of its
e. riots, civil disturbance, wars;
f. extreme weather conditions;
g. fire; and/or
h. transport disruptions.
3. In case an unforeseen circumstance of such a nature occurs that the customer cannot expect
Cascando to fulfill because of equity or natural justice, the judge can terminate the agreement as a
whole or partially at the request of one of the parties.
Right of retention
Cascando is entitled to retain possession of all customer’s products that Cascando possesses for the
customer, until the customer has fulfilled its obligations towards Cascando, with which the concerning
products have direct or sufficient coherence. In case Cascando loses control over products covered by
this right, Cascando shall be entitled to claim these products as if Cascando was the owner.
1. Each party is entitled to terminate the agreement with immediate effect, as a whole or partially, without
any further notice of default or judicial intervention, in the cases described below and insofar as
a. in case the other party has applied for suspension of payments (surseance van betaling), in
case the other party has obtained suspension of payments or in case the other party has been
declared bankrupt (faillissement);
b. in case the company of the other party is liquidated voluntarily or involuntarily (opheffing);
c. in case the company of the other party merges or is taken over (fusie of overname);
d. in case a substantial part of the assets of the other party is seized and/or (beslaglegging);
e. in case other circumstances occur in which case the continuation of the company cannot
reasonably be required.
2. Each party is entitled to terminate the agreement in the event the other party – after a notice of default
in writing that is as clear and detailed as possible and includes a proposal for a reasonable period of
time to correct or repair the defects – fails attributably to meet its essential obligations under the
agreement, provided that the defects justifies the termination.
3. In the event the agreement is terminated, the claims of Cascando are immediately due and payable
by operation of law and without any notice of default. In the event Cascando suspends the fulfillment
of its obligations, Cascando maintains its claims deriving under Dutch law and the agreement.
4. In any case Cascando maintains the right to claim (full) damages.
The trademarks and servicemarks used or displayed on the website are registered and unregistered
trademarks of Cascando and its licensors of affiliates. You may not use, copy, reproduce, republish,
upload, post, transmit, distribute or modify any Trademarks displayed on the website without the prior
express written permission of Cascando or the applicable trademark owner.
1. Cascando garantuees that products delivered by it do not infringe any Dutch patents, design rights or
any other industrial or intellectual property rights of third parties.
2. Nevertheless if Cascando has to acknowledge or in case a Dutch judge determines in a lawsuit that is
no longer appealable, that any product that any product delivered by Cascando infringes any of the
third party’s right as referred to under paragraph 1 of this article, Cascando shall, at its own discretion,
(i) replace such product with a product that does not infringe this right, (ii) acquire a right of licence in
this respect, or (iii) take back such product against repayment of the paid sum, reduced by typical
depreciations, without being required to further compensation.
3. In case the customer does not inform Cascando in a timely manner or not in full regarding the claims
of third parties as referred to in paragraph 2 of this Article, the customer will not be entitled to the
rights of performance as referred to in paragraph 2 and, in addition, Cascando has not been able to
properly defend its right in this matter as a result thereof.
The customer is not entitled to transfer its rights and obligations arising from any agreement concluded
with Cascando to third parties, without the written permission of Cascando.
Privacy and security
1. Cascando respects the privacy of the customer. Cascando treats and processes all personal data
transmitted to it in accordance with the applicable legislation, in particular the General Data Protection
Regulation. The customer agrees to this processing. For the purpose of protecting the customer’s
personal data, Cascando observes appropriate security measures.
2. For more information regarding privacy, reference is made to Privacy Statement which can be viewed
on the Website of Cascando.
United States Use only
1. This website is intended for use only by persons and companies located within the United States.
2. Orders for products will not be accepted from anyone with an address outside United States.
3. If you access the website from outside the United States, you will comply with all local rules regarding
your use of the website.
1. Any possible derogations in respect of these General Terms and Conditions may be agreed upon only
in writing. No rights can be derived from these deviations with regard to future agreements.
2. The administration of Cascando serves as proof of purchase orders and requests of the customer,
unless the customer proves otherwise. The customer acknowledges that electronic communication
can serve as proof.
3. In case and to the extent that any provisions of these General Terms and Conditions are cancelled or
declared invalid, Cascando shall draw up a new provision to replace the null/nullified provision, duly
observing as much as possible the object and purpose of the annulled provision.
4. The place of the performance of the agreement is deemed to be the place where Cascando is located.
Feedback and contact
If you have any feedback or questions regarding this agreement, please contact us by email at
Governing law and jurisdiction
1. All disputes between Cascando and customer in relation to an agreement between these parties, or
the agreements concluded in the performance of or in connection with such agreement, will be
submitted exclusively to the competent of the district of the location of Cascando, unless Cascando
and the customer have agreed otherwise in writing.
2. All agreements, and any non-contractual obligations arising thereto, between Cascando and the
customer to which these General Terms and Conditions apply to, are governed by the laws of The
Netherlands. The Vienna Sales Convention 1980 is explicitly excluded.