Terms of agreement

Artikel 1: Defenitions.

  1. second floor, located at Hoogstraat 36, KvK-nummer 60247754, is referred to as a seller in these terms and conditions.
  2. The seller’s counterparty is referred to as buyer in these terms and conditions.
  3. The parties are seller and buyer together.
  4. The agreement refers to the purchase agreement between the parties.

Article 2: Applicability of general terms 1. These Terms and Conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of a seller.2. Deviations from these terms and conditions may only be agreed upon by the parties expressly and in writing. 

Article 3: Payment 1. The full purchase price is always paid in the shop immediately. Reservations are subject to a deposit in some cases. In that case, the buyer will receive proof of the reservation and the advance payment.2. Paid buyer not on time, then he is in default. If the buyer fails, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.3. If the buyer fails, the seller will proceed for collection. The costs relating to such collection shall be borne by the buyer. These collection costs are calculated on the basis of the Decree compensation for extrajudicial collection costs.4. In case of liquidation, bankruptcy, seizure or surseance of payment by the buyer, the seller’s claims on the buyer are immediately due.5. If buyer refuses to cooperate in the execution of the contract by the seller, he is still required to pay the agreed price to the seller. 

Article 4: Offers, quotations and price1. Offers are free of charge, unless the offer has been termed a term of acceptance. If the offer is not accepted within that deadline, the offer will expire.2. Delivery times in quotations are indicative and, in the event of their overruns, do not entitle the buyer to a right of dissolution or compensation, unless parties have agreed otherwise and in writing.3. Offers and quotes do not automatically apply for reset orders. The parties must agree to this in writing and in writing.4. The price quoted on offers, quotations and invoices consists of the purchase price including the VAT payable and any other government taxes.


Article 5: Right of withdrawal1. Consumers are entitled to dissolve the agreement within 14 days after the receipt of the order (cancellation right) without giving reasons. The term begins to run from the moment the (whole) order has been received by the consumer.2. There is no right of withdrawal when the products are tailored according to its specifications or are only short-term.3. The consumer may use a seller recall form. Seller is obliged to make this available immediately after buyer’s request.4. During the bedtime, consumers will carefully handle the product and the packaging. He will only extract or use the product to the extent that it is necessary to assess whether he wishes to maintain the product. If he makes use of his right of withdrawal, he will return the unused and undamaged product with all delivered accessories and, if reasonably possible, to the seller in the original shipping package in accordance with the reasonable and clear instructions provided by the entrepreneur.Hier moet nog toegevoegd worden over kosten die bedraagt worden met het heroepings recht


Article 6: Amendment of the agreement1. If during the performance of the agreement it appears that for the proper execution of the assignment it is necessary to amend or supplement the work to be performed, the parties shall apply the agreement in a timely and mutual agreement.2. If the parties agree that the agreement is being amended or supplemented, the time of completion of the execution may be affected. Seller will inform buyer as soon as possible.3. If the change or addition to the agreement has financial and / or qualitative consequences, the seller will inform the buyer in writing in writing.4. If the parties have agreed a fixed price, the seller shall indicate to what extent the amendment or addition of the agreement results in an overrun of this price.5. By way of derogation from paragraph 3 of this article, the seller may not charge additional costs if the change or addition is the result of circumstances that may be attributed to him. 

Article 7: Delivery and risk transition1. Once purchased by the buyer is received, there is a risk from seller to buyer.


Article 8: Research, advertising1. Buyer is obliged to investigate the delivered at the time of delivery, but in any event, to investigate within the shortest possible time. In addition, the buyer should investigate whether the quality and quantity of the delivered goods correspond to what the parties have agreed to, at least that quality and quantity meet the requirements that apply to normal (trade) traffic.2. Advertisements relating to damages, defects or loss of delivered goods must be submitted by seller to the seller within 10 working days of the delivery date of the goods.3. Upon confirmation of the complaint within the stipulated term, the seller shall have the right to either repair, resubmit or refrain from delivery and send a credit note to the buyer for that part of the purchase price.4. Small and / or industry-standard deviations and differences in quality, quantity, size or finish can not be opposed to seller.5. Complaints relating to a particular product do not affect other products or parts of that same agreement.6. After processing the goods at buyer, no advertising will be accepted.


Article 9: Samples and models1. If a sample or model has been shown or provided to a buyer, it is presumed to be provided only as an indication without the need to answer the matter. This is different if parties have explicitly agreed that the case to be delivered will agree with that.2. In the case of contracts relating to a property, the indication of the area or other dimensions and indications shall also be presumed to be merely a designation without the need to answer the matter.


Article 10: Delivery1. Delivery takes place ‘factory / store / warehouse’. This means that all costs are for buyers.2. Buyer is obliged to take delivery of the goods at the time of delivery or delivery by the seller, or at the time when these items are made available to him under the agreement.3. If buyer decline is refused or negligent in providing information or instructions necessary for delivery, the seller is entitled to store the item at the expense of the buyer.4. If the goods are delivered, the seller is entitled to charge any delivery costs.5. If seller requires information from buyer for the performance of the agreement, the delivery time will commence after the buyer has made this information available to the seller.6. A seller’s specified delivery deadline is indicative. This is never a fatal term. In case of exceeding the time limit, buyer seller must in writing fail.7. The seller is entitled to deliver the items in parts, unless otherwise agreed in writing by the parties or if there is no self-worth of dividend. Seller is entitled to invoice these parts separately upon delivery. 

Article 11: Force majeure1. If a seller fails to comply with his obligations by force majeure, not timely or not properly, he is not liable for any damage suffered by the buyer.2. In the event of force majeure, the parties mean, in any case, any circumstance which the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement can not reasonably be demanded by the buyer such as illness, war or danger of war, Civil war and riot, molest, sabotage, terrorism, power failure, flooding, earthquake, fire, company occupation, workstrikes, workforce exclusion, changed government measures, transport difficulties, and other malfunctions in the seller’s business.3. Furthermore, parties under force majeure understand the fact that suppliers whose sales representative is dependent on the performance of the agreement do not fulfill the contractual obligations to seller unless it is alleged to be accused by the seller.4. If a situation such as the above occurs, as a result of which the seller can not fulfill his obligations to buyer, those obligations will be suspended until the seller is unable to meet his obligations. If the situation referred to in the previous sentence has taken 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.5. In case the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be via a registered letter.


Article 12: Transfer of Rights1. Rights of a Party to this Agreement may not be transferred without the prior written consent of the other Party. This provision applies as a clause with property law as referred to in article 3:83, second paragraph, Civil Code.


Article 13: Retention of title and retention1. The seller’s goods and supplies and items supplied remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can rely on his retention of title and withdraw the business.2. If the agreed amount to be paid is not paid or not on time, the seller has the right to suspend the work until the agreed part has been met. There is then a lack of creditors. An abandoned delivery can not be countered to the seller.3. The seller is not authorized to pledge or object to any objection under his property reservation.4. The Seller undertakes to insure the goods delivered to the Buyer under title reservation and to be insured against fire, explosion and water damage as well as theft and the policy at first request for inspection.5. If items have not yet been delivered, but the agreed prepayment or price is not met, the seller has the right to retention. The case will not be delivered until the buyer has paid in full and in accordance with the agreement.6. In the event of liquidation, insolvency or surseance of payment of copper, the obligations of buyer are immediately due.


Article 14: Liability1. Any liability for damages arising out of or relating to the performance of an agreement is always limited to the amount paid in the particular case by the covered liability insurance (s). This amount is increased by the amount of the personal risk according to the relevant policy.2. The seller’s liability for damage resulting from intentional or deliberate recklessness by the seller or his subordinates is not excluded.Article 15: Complaint1. Buyer is obliged to report complaints to the seller directly on the work done. The complaint contains as detailed a description as possible of the shortcoming, so that the seller is able to respond appropriately.2. If a complaint is well founded, then the seller is required to repair it and, if necessary, replace it.


Article 16: Guarantees1. If the agreement includes warranties, the following applies. Seller warrants that the seller agrees to the agreement that it will function without defects and that it is suitable for the use that the buyer intends to make. This warranty is valid for a period of two calendar years after receipt of the sales by the buyer.2. The intended warranty is intended to create a risk-sharing between seller and buyer that the consequences of a breach of a warranty are always entirely at the expense of the seller and that the seller can never be in breach of a warranty Appeals to Article 6:75 of the Civil Code. The provision in the previous sentence also applies if the buyer’s infringement was known or could have been known by conducting research.3. The said warranty does not apply when the defect has arisen due to improper or improper use or when – without permission – buyer or third parties have made or attempted to make use of the purchased for purposes for which it is not intended .4. If the seller’s warranty relates to a third-party product, the warranty is limited to the warranty provided by that producer.


Article 17: Applicable law1. This agreement between seller and buyer applies exclusively to Dutch law. The Dutch judge is authorized.2. The applicability of the Vienna Sale Convention is excluded.3. Where in one of the judicial proceedings one or more provisions of these Terms and Conditions are deemed to be unreasonably offensive, the remaining provisions shall remain in force without delay.