Article 1. Applicability
1.1. These terms and conditions apply to all offers, sales agreements and all ensuing obligations of or with the user of these terms and conditions, being Looiershuis Interieurs BV trading under the name 't Looiershuis Interieurs (hereinafter: Supplier) and their customers (hereinafter: Customer).
1.2. It is only possible to deviate from these terms and conditions in writing, to which agreement only the management of the Supplier is authorized. Such a written stipulation is only valid with regard to the agreement under which it is made.
1.3. Each order implies the acceptance of our conditions by the Customer and the denial of its own purchase and sale conditions.
Article 2. Offers
All catalogs and offers and quotations stated elsewhere are without obligation, unless a period of validity is stated. The agreement is concluded after confirmation by the Supplier either in writing, orally or by behavior that may be regarded as a confirmation in everyday life.
Article 3. Agreements
3.1. The sales agreement is deemed to have been made in the name of the Customer's registered office. Orders are only final after written confirmation from a wholesale employee of 't Looiershuis.
3.2. All purchase and sale agreements are entered into by the Supplier under the conditions precedent that the buyer is sufficiently creditworthy.
3.3. Orders taken by representatives are binding on the Supplier and the Customer. Unless the Supplier has notified the Buyer in writing within fourteen working days that it cannot execute the order or cannot execute it unchanged.
3.4. Orders taken by agents are binding on the Supplier and the Customer once confirmed by the Supplier.
Article 4. Prices
4.1. If a purchase agreement is canceled by the Buyer, the Supplier will, if the cancellation is by
it is accepted, may charge the customer compensation of 10% percent of the order amount, unless the Supplier can demonstrate that its loss as a result of the cancellation exceeds this amount. 4.1 All amounts stated by 't Looiershuis Interieurs in offers, order confirmations or otherwise are exclusive of VAT, any levies and/or duties imposed by the government.
4.2. Looiershuis Interieurs bv is entitled to increase the agreed price if the factors that determine the cost price have changed after the conclusion of the agreement. If the price increase referred to here is more than 10%, the Customer has the right to dissolve the agreement within 8 days after the written announcement about this, by registered letter.
Article 5. Delivery
5.1. Unless expressly agreed otherwise, delivery terms stated by the Supplier shall never be regarded as strict deadlines. If the stated delivery term is exceeded, the Supplier will only be in default after written notice of default.
5.2. Goods are deemed to have been delivered:
5.2.1. If the goods are collected by or on behalf of the customer: by receipt of the goods
in case of shipment of the goods by the Supplier through the intermediary of a third party: by the delivery to the address of the customer, unloaded on the means of transport;
5.2.2. In the event of shipment by the Supplier's own transport: by the offer to the address of the customer, unloaded on the means of transport.
5.3. The delivery term is given to the best of our knowledge and will be observed as much as possible, but is not binding. Exceeding the term, for whatever reason, will never entitle the Customer to compensation, dissolution of the agreement or non-fulfilment of any obligation. In the event of excessive exceeding of the delivery time, the Supplier will enter into further consultation with the Customer.
Article 6. Payment
6.1. Unless agreed otherwise in writing, payment must be made upon delivery of the goods.
5.2. If an invoice is not paid within the agreed term of payment, the Customer will be in default without a summons or notice of default being required. At that time, all outstanding and/or not yet due invoices from the Customer become immediately and fully due and payable.
6.3. The Customer owes default interest equal to 1.5% per month.
6.4. In the event of default, all costs that the supplier (Looiershuis Interieurs bv) believes it must incur for the collection of its claim will be fully borne by the Customer. The extrajudicial collection costs amount to at least 15% of the unpaid amount, with an absolute minimum of 100 EUR.
Article 7. Retention of title
Looiershuis Interieurs bv/Supplier remains the owner of all goods delivered by it as long as the Customer has not fulfilled all its payment obligations to Looiershuis Interieurs bv/Supplier arising from or related to the payment of goods delivered, the work performed with regard to these goods and interest due. and costs.
Article 8. Transport
8.1. Goods are deemed to be collected by or on behalf of the customer upon delivery ex Chaam warehouse. Unless otherwise agreed, the risk of the item is for the Buyer from this moment of delivery.
8.2. If requested, transport for the Customer to a destination within or outside the Netherlands can be arranged by 't Looiershuis Interieurs with its own transport or with transport from third parties. However, 't Looiershuis Interieurs does not accept any liability for transport. The risk of the transport is borne by the Customer. The Customer must take out transport insurance against loss and/or damage to the cargo to be transported.
8.3. All goods are transported at the expense of the Buyer, unless the freight costs are expressly included in the price.
Article 9. Storage
9.1 The customer is obliged to take delivery of the purchased goods at the time when the order is made available.
9.2 At the request of the Customer, the goods purchased by him can be stored for a maximum of 30 days. In that case, half of the total invoice amount will be due immediately.
9.3 If the Customer fails to fulfill its purchase obligation after 30 days, the remainder of the invoice amount will also become immediately due and payable and the Customer will pay a storage fee of € 0.80 per item per day to the Supplier (Looiershuis Interieurs bv) from that moment on. ) to owe.
Article 10. Complaints and Warranty
10.1. Control of the quantity and external condition of the delivered goods rests with the Customer. If he does not make a written complaint about the delivered goods as soon as possible and in any event within 48 hours of receipt, the delivered goods shall be deemed to be correct in terms of quantity and external condition.
10.2. Complaints other than those mentioned above must be submitted to the Supplier in writing, at the latest within 8 days after delivery of the goods. In the event of default, the Supplier is not liable for any defect.
10.3. Returning an order is only possible after obtaining permission from the Supplier.
Article 11. Force majeure and liability
11.1. In the event of force majeure, which is a non-attributable shortcoming of the Supplier in the fulfillment of its obligations, the Supplier has the right to suspend the performance of the agreement on that basis or to declare the agreement concluded with the customer wholly or partially dissolved.
11.2. Force majeure/non-attributable shortcoming will include, among other things, default and/or shortcoming by or at the supplier; by not receiving or not timely receiving the necessary goods from our suppliers; government measures that hinder the execution of assignments; strike or lockout; riot; war or mobilization; extreme natural conditions.
11.3. The Supplier is not liable for any direct or indirect damage, which occurs to the Customer, to the goods of the Customer, to third parties or to the goods of third parties, for whatever reason, after the goods have been delivered or the goods have been set up ready for use. The Buyer hereby indemnifies the Supplier against claims from third parties in respect of such damage.
Article 12. Non-compliance, bankruptcy
If the Customer does not, not properly or not timely fulfill any obligation that may arise for it from the agreement, as well as in the event of bankruptcy, suspension of payment or receivership of the Customer or closure or liquidation of its company, or if the Customer transfers to third parties, initiates a creditor arrangement, sees its bank credit canceled, the execution of its payment orders is suspended by the bank or an attachment is levied against it, the Customer is deemed to be in default by operation of law and the Supplier is entitled, at its own discretion, without any obligation to pay compensation and without prejudice to its further rights, without notice of default or judicial intervention being required, to partially or even dissolve the agreement or to declare it dissolved, or to suspend further performance of the agreement. In those cases, all claims of the Supplier against the customer become immediately due and payable and the Supplier is entitled to demand immediate payment of all that is due to it.
Article 13. Warranty
The guarantee only concerns defects, insofar as not excluded, which become apparent within the guarantee period indicated for each item separately, to be calculated from the invoice date. Complaints based on warranty must be made immediately; but in any case 7 days after the occurrence of the defect, to be made in writing, if this is exceeded, any guarantee of the supplier will lapse.
Artikel 14. Beëindiging
Bij niet-nakoming van de verplichtingen door één der partijen, is de wederpartij gerechtigd de overeenkomst te ontbinden zonder dat rechterlijke tussenkomst of ingebrekestelling vereist. Hetzelfde geldt indien één der partijen in staat van faillissement of surcéance van betaling geraakt.
Article 15 – Applicable law, competent court
Dutch law applies to all agreements concluded with Looiershuis Interieurs bv. The United Nations Convention on Contracts for the International Sale of Goods are excluded. In the event of any disputes, only the courts of the district where the company's registered office is located have jurisdiction.