established and having offices at: Groot-Ammers Ammersekade 3a 2964 AP, hereinafter referred to as: Dutchwood
Article 1: Definitions
In these general terms and conditions, the following terms are used in the following meaning: Dutchwood: the user of the general terms and conditions.
1.1. customer: a counterpart of DutchWood who is a natural person or a person who acts in the exercise of a business or profession, or a client who acts in the exercise of a business or profession, in that capacity as the end user or reseller of the delivered goods. Affairs;
1.2. consumer purchase: the purchase with regard to a movable property, which is concluded by a seller who acts in the exercise of a profession or business, and a buyer, natural person, who does not act in the exercise of a profession or business.
Article 2. Applicability of these conditions
2.1. These conditions apply to every offer and every agreement between DutchWood and a customer to which DutchWood has declared these conditions applicable, in so far as these conditions have not been deviated explicitly and in writing by the parties.
2.2. The present conditions also apply to agreements with DutchWood, for the execution of which third parties must be involved.
2.3. If one or more stipulations in these general terms and conditions are void or may be annulled, the other provisions of these general terms and conditions remain fully applicable. DutchWood and the buyer will then consult in order to agree on new provisions, whereby if and insofar as possible the purpose and intent of the original provision will be taken into account.
Article 3. Offers / Order confirmations
3.1. All offers made by DutchWood are valid for a maximum period of 28 days.
3.2. DutchWood can not be held to its quotation or Order Confirmation if the customer should have understood that the quotation or order confirmation or a part thereof contains an obvious mistake or error.
3.3. DutchWood is only bound by its offers if the acceptance thereof is confirmed by the buyer in writing within 28 days. The prices stated in a quotation or order confirmation are inclusive of VAT, unless stated otherwise.
3.4. If the acceptance deviates (on minor points) from the offer included in the quotation, DutchWood will not be bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless DutchWood indicates otherwise.
3.5. A composite quotation does not oblige DutchWood to deliver part of the goods included in the offer or quotation at a corresponding part of the price quoted.
3.6 Offers or quotations do not automatically apply to repeat orders.
Article 4. Delivery
4.1. The customer is obliged to take delivery of the purchased goods at the moment they are delivered to him or at the time at which they are available to him according to the agreement.
4.2. If the customer refuses the purchase or is negligent with the provision of information or instructions necessary for the delivery, the items will be stored at the risk of the buyer. In that case, the customer will owe all additional costs, including in any case storage costs.
4.3. DutchWood reserves the right at the conclusion of the agreement to specify such delivery costs separately.
4.4. The delivery times stated by DutchWood are admittedly approximate and are not final deadlines.
4.5. In the event of late delivery, the customer must notify DutchWood in writing and provide DutchWood with a reasonable term to fulfill its obligations as yet.
4.6. DutchWood reserves the right to terminate the cases mentioned in 4.5.
4.7. DutchWood provides ground floor to the first door. In consultation with DutchWood, the driver can help the customer with the placing of the goods, any damage incurred during the installation is at the expense of the customer.
Article 5. Modification of the agreement
5.1. If during the execution of the agreement it appears that for a proper execution it is necessary to change and / or supplement the work to be performed, the parties will adjust the agreement accordingly in time and in mutual consultation.
5.2. If the parties agree that the agreement will be amended and / or supplemented, the time of completion of the execution can be influenced as a result. DutchWood will inform the customer as soon as possible.
5.3. If the amendment and / or supplement to the agreement have financial and / or qualitative consequences, DutchWood will inform the customer about this in advance.
5.4. Contrary to this, DutchWood will not charge any additional costs if the change or supplement is the result of circumstances attributed to it.
Article 6. Warranty
6.1. DutchWood guarantees that the items to be delivered meet the usual requirements and standards that can be set for them.
6.2. If the goods to be delivered do not comply with the aforementioned warranty and the delivered goods are defective, DutchWood is obliged to rectify the goods within 30 days after the customer has notified him in writing of the defect.
6.3. DutchWood can choose to replace the goods.
6.4. The guarantee referred to in 6.2 does not apply if the defect arose as a result of injudicious or improper use or care or if, without the written permission of DutchWood, the customer or third parties have made changes or attempt to apply the goods or have used them for purposes for which the case is not intended.
6.5. If the warranty provided by DutchWood concerns a case that was produced by a third party, the guarantee is limited to that provided by the manufacturer of the item.
6.6. The guarantee starts as soon as the delivery has taken place.
6.7 The guarantee period on the delivered goods is 1 year.
Article 7. Intellectual property and copyrights
7.1.Without prejudice to the other provisions in the general delivery conditions, DutchWood will retain the rights and authorities for which DutchWood is entitled pursuant to the copyright law.
7.2. All documents provided by DutchWood such as, agreements, advice, sketches, drawings, designs, digital information, e-mails, photographic material, prototypes and fabric samples are exclusively intended to be used by DutchWood and may not be reproduced by him without prior permission, made public , or brought to the knowledge of a third party, unless the nature of the documents provided dictates otherwise.
7.3. DutchWood reserves the right to use the knowledge gained through the performance of work for other purposes, in so far no confidential information is brought to the knowledge of third parties.
Article 8. Retention of title
8.1. All goods delivered by DutchWood remain the property of DutchWood until the consumer has fulfilled all the following obligations from all agreements concluded with DutchWood.
8.2. Any goods delivered that are subject to retention of title pursuant to paragraph 1 may not be resold and never be used as a means of payment.
8.3. If third parties seize goods delivered under retention of title or wish to confirm or assert rights on them, the customer is obliged to notify DutchWood as soon as reasonably expected.
Article 9 Defects; complaint terms
9.1. The customer must inspect the purchased items as soon as possible after delivery or as soon as possible. The customer must check whether the delivered item meets the agreement, namely:
whether the right thing has been delivered;
whether the delivered item meets the agreed quality requirements
or if they are missing
or the requirements that may be set for normal use.
9.2. If a visible defect or shortcoming is found, the customer must report this to DutchWood within 2 months after delivery.
9.3. A non-visible defect must be reported to DutchWood in writing within 1 working day after discovery, but no later than 2 months after delivery.
Article 10 Price increase
10.1. If DutchWood agrees a certain price with the customer, DutchWood is nevertheless entitled to increase the price.
10.2. If a price increase occurs during the first three months after the conclusion of the agreement, the customer can terminate the agreement regardless of the percentage of the increase.
10.3. If the price increase takes place after three months after the conclusion of the agreement, the customer has the right to dissolve the agreement if the price increase exceeds 5%.
Article 11. Payment
11.1. Payment must be made in advance to delivery or upon delivery in a manner to be indicated by DutchWood and in the currency in which is invoiced. Objections against the amount of the invoices do not suspend the payment obligations.
11.2. If the invoice amount is higher than € 1500, DutchWood is entitled to require a down payment from the customer amounting to 50% of the total amount due at least eight days before delivery.
11.3. After the expiration of the invoice date, the buyer is in default; from the moment of default, the customer owes interest of 1% per month on the due amount, unless the statutory interest is higher, in which case the statutory interest rate applies.
11.4. In the event of bankruptcy or suspension of payment by the customer, the claims of DutchWood and the obligations of the customer vis-à-vis the user are immediately due and payable.
11.5. If it has been agreed with DutchWood to grant a discount regardless of the amount of a percentage, and the payment does not take place within the specified period of time. 11.1 DutchWood is entitled to cancel the discount.
Article 12. Collection costs
12.1. If the customer is in default or fails to comply with one or more of his obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the customer.
12.2. If the customer defaults, the claim will be handed over to court bailiffs.
12.3. If DutchWood demonstrates that it has incurred higher costs, which were reasonably necessary, these also qualify for compensation.
12.4. Any reasonable legal and exuding costs incurred will also be borne by the customer.
Article 13. Liability
13.1. If DutchWood is liable for direct damage, then this liability is limited to a maximum of the amount to be paid by the insurer of DutchWood, at least up to once the invoice amount, at least the part of the agreement on which the liability of the user for direct damage is at all times limited to a maximum of € 10,000
13.2. Direct damage is exclusively understood as:
- the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions.
- any reasonable costs incurred to have the defective performance of DutchWood comply with the agreement, unless this defect can not be attributed to the user;
- reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions.
13.3 For defects in delivered goods the liability applies as regulated in article 6 of these conditions.
13.4. The above limitations do not apply if the damage is due to intent and / or gross negligence and / or culpable handling of DutchWood or its subordinates.
13.5. DutchWood provides ground floor to the first door. In consultation with DutchWood, the driver can help the customer with the placing of the goods, any damage incurred during the installation is at the expense of the customer.
Article 14. Force majeure
14.1. In these general terms and conditions, force majeure is understood in addition to the relevant provisions in the Act and the Jurisprudence, all external causes, foreseen or not foreseen, on which DutchWood can not exert any influence, but as a result of which Dutchwood is unable to meet its obligation.
14.2. Dutchwood also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after DutchWood should have fulfilled its obligation.
14.3. During force majeure, the deliveries and other obligations of DutchWood will be suspended. If the period in which DutchWood can not fulfill its obligations due to force majeure lasts longer than 8 weeks, both parties are entitled to dissolve the agreement, without there being an obligation to pay compensation in that case.
14.4 If on entering the force majeure DutchWood has already partially fulfilled its obligations, or can only partly fulfill its obligations, it is entitled to the already delivered. or to invoice the deliverable part separately and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if it has already been delivered. or the deliverable part does not have independent values.
Article 15 Dispute resolution
15.1. The judge in The Hague has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nonetheless, DutchWood remains entitled to summon the customer before the court that is competent according to the law or treaty.
15.2. The parties will first appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
Article 16. Applicable justificationA
16.1. Dutch law applies to every agreement between DutchWood and the customer.
Article 17 Change and location of the conditions
17.1. These conditions are filed under number 24433531 at the office of the Chamber of Commerce Dordrecht. Applicable is always the last deposited version such as the gold at the time of the realization of the present transaction.