Terms & services

 

2.1 All offers, quotations, and price quotations are non-binding. An offer or quotation expires if the product to which the offer or quotation relates is no longer available in the meantime.

 

2.2 User expressly reserves the right to change the prices of its products, including when necessary based on (legal) regulations.

 

2.3 User cannot be held to its offers or quotations if the Customer can reasonably understand that an offer or quotation, or part thereof, contains an obvious mistake or typo.

 

2.4 A composite price quotation does not obligate User to perform a portion of the order for a corresponding part of the quoted price.

 

2.5 Offers or quotations do not apply to future orders.

 

2.6 Information, images, oral, telephone, or email communications provided and statements regarding offers and the key characteristics of the products are presented or made as accurately as possible. However, User does not guarantee that all offers and products are fully in line with the information provided. Deviations cannot, in principle, lead to compensation and/or dissolution.

 

3.1 The agreement between User and Customer is concluded, subject to the provisions of clause 2, at the moment of acceptance by the Customer of the offer and compliance with the conditions set forth therein.

 

3.2 If the Customer accepts the offer electronically, the agreement is concluded at the moment an order confirmation – of an order provided by the Customer – is sent by email to the email address provided by the Customer. The Customer and User expressly agree that the use of electronic communication forms creates a valid agreement as soon as this order confirmation is sent to the Customer. User’s electronic files shall, to the extent permitted by law, serve as a presumption of evidence.

 

3.3 Oral offers or commitments do not bind User unless confirmed in writing by User within 8 days.

 

3.4 User has a minimum order amount of €35 (excluding VAT) for orders within the Netherlands and €50 (excluding VAT) for orders outside the Netherlands. If the Customer places an order below the mentioned amount, it is deemed that no valid agreement has been concluded, unless agreed otherwise in writing.

 

3.5 Each agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products and/or services.

 

 

4.1 All changes to the original order must be communicated to User by the Customer in a timely and written manner. If the Customer communicates their changes orally to User, the risk for the implementation of the changes lies entirely with the Customer.

 

4.2 Changes to already placed orders may result in exceeding any agreed delivery time. User cannot be held liable for this.

 

4.3 Changes to the already placed order may result in the expiration of any previously provided composite price quotation to the Customer. In such case, User will provide the Customer with a new price quotation for the revised order.

 

4.4 In the event of cancellation of the order by the Customer, the Customer shall bear all costs incurred by User (including labor and materials), while User is also entitled to claim all resulting damages, costs, interest, and loss of profit from the Customer.

 

5.1 All our (wholesale) prices are in Euro and exclusive of turnover tax and additional costs, unless otherwise agreed upon in writing/confirmed via email.

 

5.2 The prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping, and administrative costs, unless otherwise indicated.

 

6.1 Payment must be made by Ideal, Mastercard, Meastro, Visa, PayPal, or by payment afterwards. This can only be done after written approval from User with a payment term of 14 days after the invoice date.

 

6.2 If payment is not made within 30 days after the invoice date, the Customer is automatically in default. The Customer is then liable for interest of 1% per month, unless the statutory commercial interest rate is higher, in which case the statutory commercial interest rate is due. Interest on the amount due will be calculated from the moment the Customer is in default until the moment of full payment of the amount due.

 

6.3 User has the right to apply payments made by the Customer first to cover costs, then to cover accrued interest, and finally to cover the principal and current interest.

 

6.4 User may refuse an offer of payment without being in default if the Customer designates a different order for the allocation of the payment. User may refuse full repayment of the principal amount if the accrued and current interest and collection costs are not also paid.

 

6.5 The Customer is never entitled to set off any amounts owed to User.

 

6.6 If the Customer defaults on or is late in the (timely) performance of its obligations, all reasonable costs incurred to obtain payment out of court will be borne by the Customer. The extrajudicial costs will be calculated based on what is customary in Dutch collection practice, currently the calculation method in accordance with the Dutch Extrajudicial Collection Costs Standardization Act and the corresponding Decree. However, if User has incurred higher collection costs that were reasonably necessary, the actual costs incurred will be eligible for reimbursement. Any judicial and enforcement costs incurred will also be charged to the Customer. The Customer is also liable for interest on the incurred collection costs.

 

6.7 Objections to the amount of an invoice do not suspend the payment obligation.

 

6.8 The Customer is obliged, under penalty of forfeiture of rights, to report inaccuracies in provided or stated payment details promptly and no later than two weeks after receipt to the entrepreneur.

 

7.1 User shall exercise due care in the execution of product orders.

 

7.2 The address provided by the Customer to User shall be considered the place of delivery.

 

7.3 User shall execute accepted orders promptly and with due diligence, but no later than within 7 days, unless a longer delivery period has been agreed upon. If delivery is delayed or if an order cannot be executed, or only partially, the Customer shall be notified of this no later than one month after placing the order. In such case, the Customer has the right to terminate the agreement without any costs.

 

7.4 In case of termination according to the preceding clause, User shall refund the amount paid by the Customer as soon as possible, but no later than within 30 days after termination.

 

7.5 After User has submitted the order for shipping, the risk of damage and/or loss rests with the Customer.

 

7.6 Bulk orders of 20 pieces or more cannot be returned.

 

8.1 All items delivered by User under the agreement shall remain the property of User until the Customer has duly fulfilled all obligations arising from the agreement(s) concluded with User, including but not limited to the purchase price, any surcharges payable under these terms or the agreement, interest, taxes, costs, and damages.

 

8.2 Items delivered by User, which fall under the reservation of ownership pursuant to clause 1, may not be resold and may never be used as a means of payment. The Customer is not authorized to pledge or encumber the items falling under the reservation of ownership in any other way.

 

8.3 The Customer must always do everything that can reasonably be expected of him to secure User’s property rights.

 

8.4 If third parties seize the items delivered under reservation of ownership or wish to establish or enforce rights on them, the Customer is obliged to immediately notify User thereof.

 

8.5 The Customer undertakes to insure and keep insured the items delivered under reservation of ownership against fire, explosion, water damage, theft, and to provide User with access to the policy of this insurance upon first request. In the event of any payout by the insurance, User is entitled to these proceeds. To the extent necessary, the Customer hereby undertakes towards User in advance to cooperate with all that may be necessary or desirable in that context.

 

8.6 In the event User wishes to exercise its ownership rights as indicated in this article, the Customer hereby gives unconditional and irrevocable permission in advance to User and to third parties designated by User to enter all places where User’s properties are located and to retrieve those items.

 

9.1 The Customer is obligated to carefully examine the products upon delivery to determine if they conform to the agreement. Differences in size, color, and quantity within a margin of 5% compared to the products displayed on the website are not subject to complaint and therefore considered as delivery within the standards of the concluded agreement.

 

9.2 If the Customer believes that the products do not conform to the agreement, the Customer must notify the User within eight working days after delivery of the products, after which the right to dissolution or revocation shall lapse.

 

9.3 Under no circumstances shall the Customer be entitled to make any claims against the User after the Customer has fully or partially processed or delivered the goods to third parties.

 

9.4 Returns will not be accepted unless User has granted prior written permission. If permission is not granted, the goods will be returned or stored at the expense and risk of the Customer.

 

If you refuse the package upon delivery or if you do not pick up your package at the pickup point within the specified time, the shipping costs and the costs of the return shipment are at your own expense. These costs will be deducted from the amount to be reimbursed for the return shipment.

 

9.5 Complaints shall never entitle the Customer to refuse payments or to wholly or partially suspend them.

 

9.6 If the nature of the materials warrants it, User also accepts, without prior notification to the Customer, no responsibility for the durability, adhesion, light and color fastness, wear resistance, and dimensions of the products.

 

9.7 Returns are at the expense of the Customer and must be sufficiently prepaid. Additionally, returns must be properly packaged, and the return shipment must include a copy of the invoice indicating which items are being returned.

 

9.8 In case of approved returns by User, the Customer will receive a credit note. This credit can be used for a subsequent delivery. User does not refund money.

 

9.9 User provides normal reasonable factory warranty (maximum of 3 months). This warranty reasonably does not apply in cases of wear and tear considered normal, and in the following cases: deliberate or gross negligence, improper use, water damage, freezing, and contamination.

 

10.1 User shall never be liable to compensate Customer or third parties for damage resulting from a defect in the delivered product, faulty delivery, unless there is intent or gross negligence on the part of User. User shall not be liable for consequential or business losses, indirect damages, and loss of profit or revenue. If User, for whatever reason, is obliged to compensate any damage, the compensation shall never exceed an amount equal to the invoice value of the delivered product or service that caused the damage, with a maximum of €2,500.

 

10.2 Our items are not suitable for use by or for children unless expressly stated otherwise. Therefore, the Customer is not entitled to use the respective products for products intended for children or to resell them to children or to third parties who will use them for (products for) or sell them to children. User shall not be liable for damages caused by unauthorized/improper use as described in this clause.

 

10.3 The Customer indemnifies User against any claims from third parties (including all associated reasonable costs) that suffer damage in connection with the execution of the agreement and for which the cause is not attributable to the Customer.

 

10.4 If User is held liable by third parties for any reason, the Customer shall support User both extrajudicially and judicially and shall immediately do everything that can reasonably be expected of him in that context. If the Customer fails to do so, User is entitled, without notice of default, to take action itself. All costs and damages incurred by User and third parties as a result thereof shall be fully borne by the Customer. If the Customer becomes aware of any damage caused or that may be caused by a product delivered by User or any defect in such product, the Customer shall immediately notify User thereof.

 

11.1 In the event of force majeure, User is entitled to extend all or some delivery deadlines by the duration of the force majeure, or to wholly or partially terminate the agreement without judicial intervention, without User being obliged to pay any compensation.

 

11.2 Force majeure shall include, but not be limited to: all (foreseen and unforeseen) external causes beyond User’s control, which prevent User from fulfilling its obligations, such as strikes, lockouts, fire, traffic obstructions, lack of raw materials, materials or labor, mobilization, war, import and/or export restrictions, government measures, non-delivery or untimely delivery by suppliers or other third parties engaged, and the absence of any permit obtainable from the authorities. Force majeure also includes disruptions in a (telecommunications) network or connection, or communication systems used, and/or the unavailability of the website at any given time, or other obstructive circumstances beyond User’s control.

 

12.1 The Customer expressly acknowledges that all intellectual property rights in the information, images, communications, or other expressions relating to the products and/or the website belong to User, its suppliers, or other rightful owners.

 

12.2 Intellectual property rights include patent, copyright, trademark, design, and model rights and/or other (intellectual property) rights, including both patentable and non-patentable technical and/or commercial know-how, methods, and concepts.

 

12.3 The Customer is prohibited from using, including making modifications to, the intellectual property rights as described in this article, such as reproduction, without the express prior written consent of User, its suppliers, or other rightful owners.

 

13.1 All agreements shall be governed solely by Dutch law, even if performance of an obligation is wholly or partially carried out abroad.

 

13.2 The applicability of the Vienna Sales Convention is explicitly excluded.

 

13.3 Any disputes arising from offers or agreements, regardless of their name, shall be submitted to the jurisdiction of the competent court in Middelburg, Netherlands.