General Terms and Conditions Industrial-Home VOF
TERMS AND CONDITIONS CONSUMERS
Article 1 - Definitions
In these general terms and conditions, the following definitions apply:
1. Industrial-Home: the private company Industrial-Home VOF, with its registered office and principal place of business at (2515XC) Lekstraat 111 in The Hague, the Netherlands (Chamber of Commerce number 70729778 VAT number NL858437260B01, telephone 0619960500, e-mail firstname.lastname@example.org).
2. The customer: the buyer/client or anyone who enters into or wishes to enter into an agreement with Industrial-Home or for whom Industrial-Home makes an offer or performs a delivery or performance.
B1. Business customer: the customer who acts in the exercise of a profession or business.
B2. Consumer: the customer who does not act in the course of a profession or business.
1. Delivery: actual offer to the customer of the agreed goods.
Article 2 - Applicability
1. These general terms and conditions apply to all offers, all agreements concluded and services and actions performed and to be performed. The applicability of any general terms and conditions used by the customer is excluded.
2. In the event of a conflict between the content of the concluded agreement and these general terms and conditions, the provisions of the agreement shall prevail.
Article 3 - The agreement
1. All offers and quotations from Industrial-Home are without obligation, unless expressly stated otherwise. Any mistakes, such as incorrect price statements and calculation and writing errors, on the Industrial-Home website, in advertisements, in offers and quotations, publications, order confirmations or other documents originating from Industrial-Home are not binding.
2. If the customer has provided Industrial-Home with data, drawings and the like, Industrial-Home may assume that these are correct and complete and the offer will be based on them.
3. The agreement is concluded in writing. Changes to the agreement and deviations from these general terms and conditions will only be effective if they have been agreed in writing between the customer and Industrial-Home.
4. If changes in the agreement lead to an increase or decrease in costs, a resulting change in the purchase price must be agreed between the parties in writing.
Article 4 - Quality and description
1. Industrial-Home undertakes towards the customer to deliver the goods to him in the description, quality and quantity as further described in the agreement.
2. In the case of customization, minimal deviations in dimensions are permitted. Industrial-Home is entitled to deviate from the agreed dimensions with regard to tops made of wood 4%, unless expressly agreed otherwise.
3. Industrial-Home undertakes towards the customer to supply him with goods that are made of sound materials and of a sound design.
4. Industrial-Home does not guarantee that the goods are suitable for the purpose for which the customer wishes to use them, even if Industrial-Home has made this purpose known, unless otherwise agreed.
Article 5 - Retention of title and intellectual property
1. Industrial-Home remains the owner of the goods sold to the customer as long as the customer has not paid the total amount owed under the agreement. The customer is obliged to ensure careful handling and is not entitled to hand over the goods to third parties or to give them as collateral, to lend them, or to remove them or have them removed from the space where they are delivered, until the entire purchase price and any additional interest and costs have been paid in full.
2. Unless otherwise agreed in writing, Industrial-Home retains the copyrights and all intellectual property rights to the offers made, designs, images, drawings, (trial) models and the like provided by it.
Article 6 - Delivery time
1. The delivery time and/or implementation period will be determined approximately by Industrial-Home.
2. When determining the delivery time and/or execution period, Industrial-Home assumes that it can carry out the order under the circumstances known to it at that time.
3. The delivery time and/or implementation period will only commence when agreement has been reached on all commercial and technical details, all necessary information is in Industrial-Home's possession and, insofar as agreed, the down payment has been received.
4. If the presumed delivery time and/or implementation period is exceeded, Industrial-Home will be granted a further term to still deliver. This further term is equal to the original expected delivery time, with a maximum of one month.
5. Exceeding the delivery time and/or execution period in no way entitles you to compensation.
Article 7 - Transport and damage on delivery
1. Unless otherwise agreed, the agreement includes the transport of the purchased goods by Industrial-Home, who bears the risk of damage and loss. If the purchased goods are delivered by a professional carrier, Industrial-Home is obliged to provide adequate insurance.
2. If damage is found upon delivery of the goods, the customer must make a note of the damage on the receipt. In addition, the customer must notify Industrial-Home of this within two working days after delivery, failing which the customer is deemed to have received the purchased goods without damage. If on delivery there is no opportunity to check the delivered goods, this must be stated by the customer on the receipt.
Article 8 - Delivery
1. The customer is obliged to ensure that the place where the delivery must take place is accessible and that, insofar as this is in its power, everything possible is done to enable a smooth delivery. Furthermore, the customer must ensure that the place where the delivery must take place can be properly closed.
2. If the place where the delivery must take place is not accessible at the time of delivery, for example because the dimensions of the purchased goods turn out to be too large to be able to reach that place, this will be at the expense and risk of the customer.
3. The customer must inform Industrial-Home prior to concluding the agreement of special circumstances that require the use of aids such as a hoist or crane. In that case, the agreement stipulates at whose expense and risk the special aids come. In case of incorrect or incomplete information by the customer, the costs of the use of special aids are for his account.
4. If upon delivery by Industrial-Home it appears that delivery cannot take place immediately due to circumstances that are at the expense and risk of the customer, as described in this article, and the customer requires a second delivery, Industrial-Home is entitled to charge additional freight, delivery and storage costs.
Article 9 - Storage of goods
1. In the event that goods to be delivered are not accepted by the customer after the offer has been made for delivery, other than due to defective delivery, Industrial-Home will make a second delivery within a reasonable period of time. Industrial-Home is entitled to charge storage costs and any further damage and costs to the customer after refusal or after second delivery.
2. In the event that the second delivery is also not accepted, Industrial-Home will:
3. demand performance of the agreement in writing, whereby the customer is granted a maximum period of 30 days to still take delivery of the goods;
4. if the aforementioned goods to be delivered have not yet been purchased by the customer, Industrial-Home is entitled to dissolve the agreement, in which case the customer is obliged to compensate the damage suffered by Industrial-Home.
Article 10 - Payment
1. Payment must be made in euros. The prices used by Industrial-Home state whether they include or exclude VAT.
2. In the event that Industrial-Home carries out a delivery in parts for the execution of an agreement, it is entitled to claim payment for the delivered goods with each partial delivery. The customer receives a partial invoice for each partial delivery.
3. If an invoice is sent, a payment term of 14 days after the invoice date applies, unless otherwise agreed. The customer is legally in default by the expiry of the payment term.
4. The consumer owes statutory interest pursuant to Article 6: 119 of the Dutch Civil Code for the period in which he is in default with the payment of the purchase price. The business customer owes the statutory commercial interest pursuant to Article 6: 119a of the Dutch Civil Code for the period in which it is in default with the payment of the purchase price.
5. Without prejudice to the provisions of paragraph 5 of this article, Industrial-Home will send the consumer a reminder after the default has occurred, in which he will be demanded to pay within a period of fourteen days, commencing on the day after the reminder. The consumer is hereby pointed out that he will owe extrajudicial collection costs if payment is not made, whereby the amount of the collection costs is notified.
6. Industrial-Home is authorized to collect the amount owed without further notice of default. In that case Industrial-Home is entitled to engage third parties for collection. In that case, the customer also owes extrajudicial collection costs, the amount of which is determined on the basis of the Extrajudicial Collection Costs Standards Act and the associated decree.
7. In the event of complaints, the customer is only entitled to suspend payment of a part of the amount owed that is in reasonable proportion to the content and seriousness of the complaint. This does not release the customer from his obligation to pay the remaining part of the payment within the agreed term.
Article 11 - Exclusion of the right of withdrawal / termination of the agreement
1. The majority of the goods manufactured and/or delivered by Industrial-Home are custom-made products and are not prefabricated, including in any case goods manufactured by Industrial-Home from wood and metal. This refers to all articles that are manufactured in the Industrial-Home factory. This concerns all tables, coffee tables, cabinets, TV furniture, mirrors and wall shelves. Even if there is a distance contract or an agreement outside the sales area between Industrial-Home and a consumer, the consumer is not entitled to dissolve the agreement, because the products are manufactured and delivered according to the specifications of the consumer and/or are manufactured on the basis of an individual choice or decision of the consumer.
2. If the customer wishes to terminate the agreement without there being a shortcoming and Industrial-Home agrees to this, the agreement can be terminated by mutual consent. In that case Industrial-Home is entitled to compensation for damage, both loss suffered and loss of profit. The amount of the compensation owed by the customer is estimated and determined by Industrial-Home.
3. If it appears before or during the execution of the agreement that (further) execution of the agreement is not possible for Industrial-Home as a result of force majeure, Industrial-Home has the right, without being obliged to pay any compensation in that case, the execution of to suspend the agreement or to dissolve the agreement. This does not alter the fact that in that case the parties can make mutual proposals to change the agreement in such a way that correct and complete fulfillment is possible.
4. If the customer is declared bankrupt, if he applies for a moratorium, or if part of his assets are seized, Industrial-Home is entitled to dissolve the agreement.
Article 12 - Warranty
1. Unless otherwise agreed in writing, Industrial-Home guarantees the soundness of the delivered goods for a period of twelve months after delivery. If a different warranty period has been agreed, the other paragraphs of this article also apply.
2. The customer must in all cases offer Industrial-Home the opportunity to repair any defect. Industrial-Home's liability is limited to the free repair of a defective good or to the replacement of that good or a part thereof, all this at the discretion of Industrial-Home.
3. No warranty is given if defects are the result of:
• Normal wear and tear;
• Improper use;
• Not or incorrectly performed maintenance;
• Installation, (dis)assembly, modification or repair by the customer or third parties;
4. No warranty is given on:
• Delivered goods that were not new at the time of delivery;
• Goods or parts for which a manufacturer's warranty has been granted;
• Working with wood (see in detail the following article paragraph).
5. A limited warranty applies to all (oak) wooden parts. Wood is a natural product. The wood used by Industrial-Home is sawn and dried with a moisture percentage between approximately 8% and 12%, making the product suitable for use in a heated room. Wood absorbs moisture and releases moisture, depending on the humidity in the environment. Wood will hardly 'work' (which includes expanding, shrinking, cracking and/or warping) if the humidity in the room remains at a fairly constant level. The level of humidity is important for the degree of working of the wooden parts that make up the delivered item. To measure the humidity, Industrial-Home recommends using a hygrometer, which should be placed at eye level, away from drafts and out of the sun. Industrial-Home points out that the humidity can become extremely low during the heating season, with the result that slight cracking occurs. In that case, a pan of water on the heating or stove can offer a sufficient solution. An almost constant humidity of approximately 55%, with a decrease of approximately 10% in the winter and an increase of approximately 10% in the summer, is considered a healthy living environment for both the (oak) wooden parts and for the users themselves. With regard to the wooden parts, Industrial-Home only provides a guarantee against production errors. No warranty is given on the working of the wood. It is the buyer's responsibility to limit the use of wood as much as possible.
Article 13 - Liability
1. Industrial-Home is never liable for direct or indirect damage, caused by defects in the delivered goods or otherwise, as well as due to delay in the delivery of goods, except in the case of intent or gross negligence on the part of Industrial-Home.
2. If Industrial-Home is liable, it will never be obliged to compensate damage of whatever nature and for whatever reason, higher than the total amount of the transaction between the customer and Industrial-Home.
3. If Industrial-Home cannot invoke any exoneration, Industrial-Home's liability is limited to the amount for which its liability insurance provides cover.
Article 14 - Complaints
1. Complaints are understood to mean all grievances with regard to the execution of the agreement. Complaints with regard to the quality of the delivered goods or materials or the execution of the work can only be made valid by the customer at Industrial-Home by submitting them within fourteen days after delivery of the goods. If submission within this period is not reasonably possible, the period of fourteen days applies from the moment the defect was discovered or could have been discovered. The complaint must include a description of the grievances and defects found.
2. The provisions of paragraph 1 of this article are without prejudice to the provisions of article 7 regarding the shorter term.
Article 15 - Complaints
1. Complaints are understood to mean all grievances with regard to the execution of the agreement. Complaints about the quality of the delivered goods or materials or the performance of the work can only be asserted by the customer at the entrepreneur by submitting them within fourteen days after delivery of the goods. If submission within this period is not reasonably possible, the period of fourteen days applies from the moment the defect was discovered or could have been discovered. The complaint must include a description of the grievances and defects found.
2. The provisions of the previous paragraph of this article are without prejudice to the provisions of article 7 regarding the shorter term.
3. If a customer wishes to perform or prevent certain work against the advice of the entrepreneur, any complaint is excluded, provided that it is recorded in writing.
Article 16 - Applicable law
All agreements to which these terms and conditions have been declared applicable are subject to Dutch law.
GENERAL TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS
Article 1 - Definitions and applicability
In these terms and conditions the following definitions apply:
Customer : any natural or legal person who is registered in the trade register of the Chamber of Commerce or its national equivalent;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Sustainable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him in a manner that prevents future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Agreement: every agreement that is concluded between the entrepreneur and the customer, every amendment thereof or addition thereto, as well as all (legal acts in preparation and implementation of the agreement;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made of one or more remote communication techniques;
Product: any item offered, to be delivered or delivered by the entrepreneur on the basis of the agreement or to be equated with it based on popular opinion. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time;
Requirements : these terms and conditions
1. These conditions apply to every offer, quotation and agreement between the entrepreneur and a customer, insofar as the parties have not deviated from these conditions explicitly and in writing.
2. The applicability of any purchase or other conditions of the customer is expressly rejected.
3. If at any time one or more provisions in these terms and conditions are wholly or partially invalid or should be annulled, the remainder of these terms and conditions will remain fully applicable. The entrepreneur and customer will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, whereby the purpose of the original provisions is taken into account as much as possible.
1. If there is uncertainty about the interpretation of one or more provisions of these terms and conditions, the interpretation must be in accordance with the spirit of these provisions.
2. If a situation arises between the parties that is not regulated in these terms and conditions, this situation must be assessed in the spirit of these terms and conditions.
3. If the entrepreneur does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the entrepreneur would lose the right to any extent to demand strict compliance with these conditions in other cases.
Article 2 - The offer
1. Every offer made by the entrepreneur on the website is without obligation.
2. Obvious mistakes or errors in the offer do not bind the entrepreneur
3. Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer.
Article 3 - The agreement
1. The agreement is concluded at the moment of acceptance by the customer of the offer and the fulfillment of the associated conditions.
2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.
3. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 4 - Price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
3. The prices stated in the product range include VAT.
Article 5 - Payment and retention of title
1. The customer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
2. The entrepreneur's website is set up in such a way that the order for products cannot be completed before the customer has paid the entire asking price. If deviating agreements have been made between the entrepreneur and the customer (for both offline and online sales), each delivery will be made subject to the retention of title regulated in the following paragraphs.
3. All goods delivered by the entrepreneur within the framework of the agreement remain the property of the entrepreneur until the customer has properly fulfilled all obligations under the agreement(s) concluded with the entrepreneur, including the purchase price, any surcharges owed pursuant to these terms and conditions or the agreement, interest, taxes, costs and damages.
4. Goods delivered by the entrepreneur that fall under the retention of title pursuant to the previous paragraph may not be resold and may never be used as a means of payment. The customer is not authorized to pledge or in any other way encumber the items subject to retention of title.
5. The customer must always do everything that can reasonably be expected of him to secure the proprietorship of the entrepreneur.
6. If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights thereon, the customer is obliged to inform the entrepreneur immediately.
7. In the event that the entrepreneur wishes to exercise his property rights referred to in this article, the customer gives unconditional and irrevocable permission in advance to the entrepreneur and third parties to be designated by the entrepreneur to enter all those places where the entrepreneur's property is located and those goods to take back.
Article 6 - Delivery and execution
1. The entrepreneur will take the necessary care when receiving and executing orders for products.
2. In principle, the place of delivery is the address of the customer that is linked to his Chamber of Commerce registration (in the Netherlands) or national equivalent.
3. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement product available
4. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 7 - Advertising and right of withdrawal
1. The customer is obliged to inspect the delivered goods for defects immediately after the products are made available to him. In doing so, the customer should investigate whether quality and/or quantity corresponds to what has been agreed.
2. When purchasing products, the customer has the option to dissolve the agreement without stating reasons during 30 (thirty) days. This period starts on the day after receipt of the product by the customer or a representative designated in advance by the customer and made known to the entrepreneur.
3. During this period, the customer will handle the product and the packaging with care. The customer will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the customer makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. If a defect is reported later, the customer is no longer entitled to repair, replacement or compensation.
5. If the customer complains in time, this does not suspend his payment obligation. In that case, the customer also remains obliged to purchase and pay for any other ordered products.
Article 8 - Performance of the agreement - Conformity
The customer is aware that almost all products offered and sold by the entrepreneur are not new, in the sense that they have had several owners after manufacture. A large number of products are of such an age that the entrepreneur does not know, or cannot know, what the history was in the sense of use and owners. The purchase of the products offered by the entrepreneur therefore takes place without delay.
Article 9 - Liability
1. Entrepreneur is only liable for direct damage. Liability for indirect damage, including loss of profit, consequential damage, loss of money, lost savings and damage due to business interruption, is expressly excluded.
2. Direct damage is exclusively understood to mean the reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to compensate for the defective performance of the entrepreneur. to have the agreement answered, insofar as these can be attributed to the entrepreneur and reasonable costs incurred to prevent or limit direct damage as referred to in these general terms and conditions.
3. Any liability for direct damage of the entrepreneur towards the customer, for whatever reason, is limited per event (whereby a connected series of events counts as one event) to the invoice amount actually paid by the customer to the entrepreneur for the defective product that caused the alleged damage.
4. Entrepreneur is not liable for damage of any kind, caused by the fact that the entrepreneur relied on incorrect and/or incomplete information provided by or on behalf of the customer.
Article 10 - Indemnification
1. The customer indemnifies the entrepreneur against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to others than to the entrepreneur.
2. If the entrepreneur should be addressed by third parties for this reason, the customer is obliged to assist the entrepreneur both in and out of court and to immediately do everything that may be expected of him in that case. If the customer fails to take adequate measures, the entrepreneur is entitled to do so himself without notice of default. All costs and damage on the part of the entrepreneur and third parties arising as a result will be entirely at the expense and risk of the customer.
Article 11 - Force majeure
1. The entrepreneur is not obliged to fulfill any obligation towards the customer if he is prevented from doing so as a result of a circumstance that is not due to fault and neither under the law, a legal act or generally accepted for his account. coming.
2. Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in this regard in the law and jurisprudence, all external causes, foreseen and unforeseen, over which the entrepreneur cannot influence, but through which
3. Entrepreneur is unable to fulfill his obligations. The entrepreneur also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the entrepreneur should have fulfilled his obligation.
4. The entrepreneur can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
5. Insofar as the entrepreneur has partially fulfilled his obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and the respective part to be fulfilled has independent value, the entrepreneur is entitled to fulfill or fulfill the obligations already fulfilled. part to be invoiced separately. The customer is obliged to pay this invoice as if it were a separate agreement.
Article 12 - Applicable law and disputes
1. Agreements between the entrepreneur and the customer to which these conditions apply are exclusively governed by Dutch law, even if an obligation is wholly or partially performed abroad. The applicability of the Vienna Sales Convention is excluded.
2. Disputes can only be submitted to the competent court in the district of South Holland.
3. The entrepreneur is entitled to recover all costs to be incurred in connection with disputes, both judicial and extrajudicial - including, but not exclusively, the full lawyer costs - from the consumer.
Article 13 - Change in terms and conditions
1. The entrepreneur reserves the right to unilaterally change these Terms and Conditions.
2. The version that applied at the time of the establishment of the relevant legal relationship with the entrepreneur is always applicable. The Customer is advised to regularly check the Terms and Conditions for changes.