1. General
1.1 In these terms and conditions, ‘TITAN Fulfilment’, ‘TITAN’, ‘we’, ‘us’ or ‘our’ refer exclusively to TITAN Fulfilment and all current or future affiliated legal entities within the same group. ‘Client’, ‘Customer’ or ‘you’ refers to any party that requests a quotation, seeks information, enters into an agreement with TITAN Fulfilment or otherwise makes use of our services.
1.2 These terms and conditions apply to all quotations, offers, negotiations, agreements, fulfilment services, storage services, transport-related services and other services provided by TITAN Fulfilment.
1.3 Any deviations from these terms and conditions are valid only if confirmed in writing by TITAN Fulfilment.
1.4 Should any provision prove to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
1.5 TITAN Fulfilment reserves the right to amend these terms and conditions due to legislation, case law or changes to operational policy.
2. Formation of the Agreement
2.1 All prices are in euros and exclude VAT unless otherwise stated.
2.2 Quotations are based on information provided by the Client, including expected order volumes, product specifications, packaging requirements and dispatch methods.
2.3 A contract is formed as soon as the Customer accepts a quotation in writing and TITAN Fulfilment confirms the start date.
3. Rates
3.1 Operational rates are indexed annually on 1 January based on the Panteia (formerly NEA) transport/logistics index or a comparable successor index.
3.2 TITAN Fulfilment may implement interim price changes subject to three (3) months’ prior notice.
3.3 Transport rates, carrier rates, fuel surcharges and third-party logistics costs remain variable and may be adjusted immediately.
4. Invoicing and Payment
4.1 TITAN Fulfilment issues invoices weekly unless otherwise agreed. Payment is due eight (8) days after the invoice date.
4.2 In the event of late payment, the Customer shall automatically be in default. Interest and collection costs shall be payable.
4.3 TITAN Fulfilment may suspend services in the event of non-payment. Storage costs, software costs and minimum fee agreements remain payable.
5. Goods and Storage
5.1 The Customer’s goods remain the property of the Customer.
5.2 The risk of theft, fire, water damage, depreciation or loss remains entirely with the Customer. The Customer must insure goods adequately.
5.3 TITAN Fulfilment may refuse goods that are unsafe, illegal or inadequately packaged.
5.4 TITAN Fulfilment is not obliged to check goods for legal compliance.
6. Exclusivity
6.1 During the term of the agreement, TITAN Fulfilment shall be the Client’s exclusive fulfilment partner for all agreed activities.
6.2 The Client may not engage any other fulfilment provider, warehouse partner, pick-and-pack provider or similar logistics provider without the prior written consent of TITAN Fulfilment.
7. Confidentiality
7.1 All commercial, operational and customer information relating to TITAN Fulfilment must be treated as confidential.
8. Third Parties and Carriers
8.1 TITAN Fulfilment may engage third parties or subcontractors.
8.2 TITAN Fulfilment is not liable for delays, damage or incidents following handover to carriers, couriers or postal services.
9. Term and Termination
9.1 The agreement has a fixed initial term of two (2) years, unless otherwise agreed in writing.
9.2 Thereafter, this shall be automatically renewed for periods of six (6) months unless terminated in writing with one (1) month’s notice.
9.3 Upon termination, all goods must be collected by the Customer.
9.4 TITAN Fulfilment may continue to charge storage and handling fees until the goods have been collected in full.
10. Service Levels
10.1 Processing times, same-day dispatch cut-offs and processing deadlines are best-effort targets and not guarantees.
10.2 TITAN Fulfilment is not liable for delays caused by peak periods, technical faults, stock discrepancies or force majeure.
11. Inbound Deliveries
11.1 The Client is responsible for ensuring correct inbound deliveries, labels and documentation.
11.2 TITAN Fulfilment may charge correction fees for non-compliant inbound deliveries.
12. Stock discrepancies
12.1 Minor stock discrepancies of up to 1 per cent are considered commercially acceptable unless caused by wilful misconduct or gross negligence.
13. Liability
13.1 TITAN Fulfilment’s total liability is limited to the amounts invoiced over the preceding three (3) months.
13.2 TITAN Fulfilment is never liable for indirect damage, loss of profit, loss of turnover, damage to reputation or business interruption.
14. Force majeure
14.1 TITAN Fulfilment shall not be liable for fire, flooding, strikes, pandemics, power cuts, system failures, war, government measures or transport disruptions.
15. Packaging materials
15.1 Prices for packaging materials may be adjusted based on supplier costs and market developments.
16. Marketplaces and Chargebacks
16.1 TITAN Fulfilment is not liable for marketplace fines, account suspensions or chargebacks unless caused by wilful misconduct.
17. Systems and Software
17.1 Access to TITAN Fulfilment’s systems is restricted and revocable.
17.2 TITAN Fulfilment does not guarantee uninterrupted system availability.
18. Applicable Law
18.1 Dutch law applies exclusively.
18.2 Disputes shall be submitted to the competent court in the Netherlands.