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Terms and Conditions
Article 1 Applicability
1. These general terms and conditions apply to all our offers and all agreements entered into by us, in particular the agreements on delivery of goods to our buyers.
2. Wherever 'buyer' is referred to in these general terms and conditions, this refers to the natural or legal person with whom we have concluded a (purchase) agreement, or the person who gave the order and on whose behalf goods are delivered.
3. It is only possible to deviate from the provisions of these general terms and conditions if the changes have been explicitly agreed in writing.
4. If the buyer also refers to (his) general terms and conditions, the terms and conditions of the buyer do not apply. Unless the terms and conditions of the buyer do not conflict with these terms and conditions. A different clause in the terms and conditions of the buyer does not change this.
5. Where these terms and conditions refer to 'delivery (of goods)', this also includes the provision of services and work.
Article 2 Offers
1. All our offers must be seen as invitations to the potential buyer to make an offer. They do not bind us, unless the contrary is explicitly and unambiguously specified in the quotation itself. The order given to us is considered to be an offer that can only be considered accepted after written confirmation from us (the so-called order confirmation).
2. The offers made by us include (in particular with regard to the provisions of the previous paragraph): designs, drawings, models, samples, descriptions, images and the like, and any attachments and documents that relate to our offers . All this remains our property, as do tools made by us in this regard and must be returned to us at our request and may not be copied and / or given to third parties without our express written permission. We also reserve the rights arising from intellectual and industrial property. 3. If the order to which our quotation relates is not placed with us within 3 months of the day on which we made our quotation, we may include the costs associated with making our quotation (including the costs for making it of the tools referred to in the previous paragraph), to the buyer.
Article 3 Realization agreement
1. An agreement with us only comes into being when we have accepted an order given to us in writing, to be precise: from the moment we have sent the order confirmation.
2. The buyer is bound to his order, in whatever form given to us, for a period of 8 days after the date of the order. A statement from the buyer that he wishes to cancel or change his order, issued in these 8 days, cannot prevent an agreement based on the original order from being concluded if we have accepted / confirmed the order within this period of 8 days.
3. We assume that the order confirmation sent by us to the buyer fully and accurately reflects the content of the agreement concluded. If the buyer is of the opinion that this is not the case, he must let us know in writing within 8 days of the date of our order confirmation.
4. Any additional agreements and / or commitments made and / or made by our employees, or made on behalf of us and / or made by other persons acting as representatives, only bind us if these agreements and / or commitments are made by our representative authorized to represent the company. (s) confirmed in writing.
Article 4 Prices
1. Our prices include sales tax and - unless explicitly agreed otherwise in writing - excluding packaging, costs for transport and other costs.
2. The prices stated in quotations, contracts and order confirmations are based on cost factors, such as exchange rates, manufacturer prices, raw material and material prices, wage and transport costs, insurance premiums, taxes, import duties and other government levies, which at the time the agreement position came, golden.
3. We reserve the right, if after the date on which the agreement was concluded, but before the day of delivery, increases occur in one or more of the cost factors, these increases are charged to the buyer. We also reserve the right to dissolve the agreement in whole or in part in such a case without legal intervention. The buyer also has this right if we take the position within 3 months after concluding the agreement that changes in the costs result in an increase in the price stated in the order confirmation. If the buyer exercises this right, he must invoke the cancellation by registered letter within 5 days of receiving the relevant notification from us.
Article 5 Delivery and delivery times
1. The delivery times specified by us commence on the day on which the agreement was concluded, if we have all the information we need for the execution of the order. The delivery times specified by us do not count as deadlines, unless otherwise agreed in the agreement. In the event of late delivery, we must be given written notice of default. In the event that the situation deviates from the above and a penalty for exceeding the delivery time has been agreed in the agreement, this will not be due if the exceeding of the delivery time is the result of the cases of force majeure referred to in Article 10 of these general terms and conditions.
2. Unless the contrary is apparent from the order confirmation, the delivery of goods takes place 'free at home' when the invoice amount is more than € (amount in figures), in other words: (amount in letters). Furthermore, the goods are for the account and risk of the buyer. If not otherwise agreed, we deliver to a foreign buyer from 'warehouse'. Furthermore, the goods are for the account and risk of the buyers. Customs clearance is handled by us, but is for the account of the buyer.
3. Unless the buyer himself provides forwarder, the goods will be sent by us in a way that we believe is favorable, with forwarder to choose, at the expense and risk of the buyer.
4. If a buyer requests that the delivery of goods take place in a manner other than the usual way, then we can charge the buyer for the associated costs.
5. If the delivery takes place in parts, we have the right to consider each delivery as a separate transaction.
6. The buyer must purchase the purchased items within the agreed time. If this does not happen, we are entitled to demand - at our discretion - on the basis of the provisions of Section 6:60 of the Dutch Civil Code that the competent court will release us from our obligation to deliver the agreed goods, or to to demand payment of the purchase price of the non-purchased part in advance. If the buyer does not meet his payment obligation, we are entitled to declare the agreement dissolved without legal intervention. If the buyer as described above defaults, it is assumed that the goods have been delivered and we will store them for the account and risk of the buyer, against compensation for all costs ensuing therefrom.
Article 6 Advertising by the buyer
1. The buyer is responsible for the accuracy and completeness of - and is responsible for the information he has provided to us. The buyer must, where it concerns the data, sizes, color fastness and the like provided by us in our quotation or what forms part thereof under article 2, paragraph 2, take into account the usual clearances and minor changes to the goods supplied by us. More particularly, this applies to deviations from the contracted quantity; Here too, the buyer must take into account customary clearances. The goods supplied by us may therefore deviate from the description in the order if and insofar as it concerns small dimensional differences, quantity differences and minor changes.
2. Complaints from the buyer, which relate to defects in goods that are noticeable at the latest, must be provided by the buyer to us within 8 days after delivery or within 8 days after the invoice date, if the goods could not be delivered to the buyer. be notified. This must be done by registered letter with a clear and precise description of the complaint and stating the invoice, with which the relevant items have been invoiced. The buyer must perform a careful and timely inspection.
3. Defects that were not perceptible at the time of delivery, or could prove to be due to a careful and timely inspection, must be notified by the buyer to us within 8 days after these defects have come to light in the manner as mentioned in paragraph 2.
4. Any right of claim of the buyer for defects in goods supplied by us shall lapse if: a. The defects have not been notified to us within the periods specified above and / or in the manner indicated therein; b. the buyer does not provide us with sufficient cooperation with regard to an investigation into the merits of the complaints; c. the buyer has not properly prepared, treated, used, stored or maintained the goods or has used or treated the goods under circumstances or for purposes other than those provided by us; d. The application of the use of the goods with regard to which the complaints were made by the buyer is continued; e. the guarantee period referred to in the individual agreement has expired or, if such a period is missing, the complaints are only expressed after a period of more than 12 months has elapsed since the delivery time.
5. In disputes about the quality of the items supplied by us, a firm known to us in the good name shall make a binding decision.
Article 7 Liability
1. Only if the warranty obligations with regard to the goods supplied by us have not been taken on by third parties (such as manufacturers), can the buyer assert claims against us (warranty). Our liability is in that case limited to defects that are a result of manufacturing and material defects.
2. In the event of a complaint, if the validity of the complaint relates to quality as determined by us and we also have liability as referred to in paragraph 1, we are only obliged to make such a choice at our discretion: a. defects; b. delivery of replacement goods or parts, after receiving back the defective goods or parts; c. reimbursement of the purchase price received / crediting the invoice sent to the buyer with dissolution without judicial intervention of the concluded agreement, all in so far as the purchase price, the invoice and the agreement relate to the defective items delivered; d. a compensation to be paid in consultation with the buyer in a form other than that referred to above.
3. If the buyer has carried out repairs and / or changes to the goods without prior, explicit and written permission, any guarantee obligation on our part will lapse.
4. Without prejudice to any of our obligations under the above, we are never obliged to pay any compensation to the buyer and others, unless there is intent or fault on our part (by those who hold us liable with the means legally show). In particular, we are also never liable for consequential or operational damage, including direct or indirect damage, including whatever loss of profit and loss of standstill - suffered by the client, his subordinates and caused by or by him or third parties, caused in whole or in part deliveries of goods, delayed or defective delivery, or the absence of delivery of goods or by the goods themselves.
5. The buyer is not entitled to return the goods for which there is no motivated complaint. If this is done without valid reasons, all costs associated with the return will be borne by the buyer. In that case we are free to store the goods under third parties for the account and risk of the buyer.
6. The buyer is obliged to indemnify us against all claims that third parties may enforce against us in respect of the performance of the agreement, insofar as the law does not prevent the damage and costs arising from these claims from being borne by the buyer. buyer come.
Article 8 Retention of title and security
1. Goods delivered by us remain our property until the moment of full payment of everything that the buyer owes us in connection with, in connection with or arising from the goods delivered by us. If we consider this to be necessary, we have the right to demand security from the buyer regarding the fulfillment of his obligations.
2. The buyer does not have the right to pledge the unpaid goods to establish a possessionless lien on it or to establish any other business or personal right on behalf of a third party thereon.
3. Without prejudice to the above in this article, the buyer is permitted to sell the goods to third parties, but only in the context of his normal business operations. In that case, the buyer must transfer the funds obtained to us or, if they have not been sold for cash, transfer the claims obtained to us.
4. If as a result of working or processing by the buyer our ownership rights to the goods supplied by us have been lost, the buyer must establish a possession-free lien on the goods arising after the working or processing.
5. We are entitled at all times to take possession of the goods that are under the buyer (or third parties), but which belong to us, as soon as we can reasonably assume that there is a real chance that the buyer will not fulfill his obligations will satisfy. The foregoing is without prejudice to the rights that we derive from ordinary law: in particular, we also retain the right to hold the buyer liable for compensation after taking possession of the goods.
6. The buyer is obliged to insure the risk of fire and theft with regard to the unpaid goods and to prove this insurance on our request.
Article 9 Payment
1. Payment must be made in Dutch currency or euro, unless agreed otherwise, without any cash deduction or discount at the place where we are established or by transfer to a bank or giro account designated by us, in both cases immediately after delivery of the concerning matters, at least within 30 days after the invoice date, all this unless explicitly agreed otherwise in writing. When paying by bank or giro, the day of crediting our bank or giro account counts as the day of payment.
2. If the buyer does not make (full) payment in time, he will be in default, without further notice of default being required. In that case, we have the right, if there is sufficient connection with the purchaser's non-compliance, to suspend the fulfillment of all our obligations with the purchaser, without prejudice to all our rights arising from common law.
3. We are also entitled to demand cash payment for all deliveries to be made before delivery of the goods, or guarantee payment in time. Furthermore, in that case we are entitled to terminate the agreement without judicial intervention, whereby the buyer then has the obligation to return the delivered goods, or the obligation to undo the performance performed by us in another way, without prejudice to our right to compensation. If the buyer fails to pay on time, he forfeits to us, or the seller's credit insurer, without further notice from us being required, from the due date until the day of full payment an interest equal to the legal interest plus 4 % per year, calculated on the unpaid amount, which interest is immediately due and payable without further notice of default. All costs involved in the collection of invoiced amounts (including the extrajudicial collection costs) will be borne by the debtor. The extrajudicial collection costs amount to at least 15% of the principal with a minimum of € 50, all excluding sales tax. In addition, all adverse consequences of exchange rate loss or otherwise due to late payment or non-payment arising for the account of the buyer, even if the buyer would have fulfilled his payment obligations in time in accordance with the provisions in his country, but circumstances or measures are not met have had the transfer take place in a manner that is disadvantageous to us.
4. In accordance with Section 6:44 of the Dutch Civil Code, payments are first deducted from the costs referred to in paragraph 3, then deducted from the interest due and finally deducted from the principal sum and the current interest.
5. If a significant deterioration occurs in the buyer's financial position after the conclusion of the agreement, but prior to the delivery of the goods, we are entitled to fully or partially refrain from further implementation of the agreement, or a change of claim the payment terms.
6. The seller can transfer his claims arising from all transactions to a credit insurer of his choice.
Article 10 Force majeure
Force majeure should be understood to mean any circumstance beyond our control that is such that compliance with the agreement cannot reasonably be expected of us (non-attributable shortcomings in the performance). Force majeure also includes: war, riots and hostilities of any kind, blockade, boycott, natural disasters, epidemics, lack of resources, prevention and interruption of transport options, disruptions in our company, import and export restrictions or prohibitions, impediments caused by measures, laws or decisions of international, national and regional (government) bodies. If, due to force majeure, we are unable to meet our obligation to deliver properly, not properly or not in time, we are entitled to regard the agreement or the part not yet executed as dissolved, or to suspend it for a fixed or indefinite period of time. In the event of force majeure, the buyer cannot claim us for compensation.
Article 11 Right of withdrawal
1. The consumer can terminate an agreement with regard to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or: a. If the consumer has several products in the same order ordered: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer prior to the ordering process, refuse an order for several products with a different delivery time. b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part; c. for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product. For services and digital content that is not supplied on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
5. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store. The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 5.
6. If the consumer makes use of his right of withdrawal, he must report this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur. As quickly as possible, but within 14 days from the day following the paragraph 1. referred to, the consumer sends the product back, or he hands it to (an agent of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
7. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
8. We will refund the order amount due within 14 days of the cancellation statement.
Article 12 Exclusion of the right of withdrawal
1. The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for concluding the agreement: a. Products or services whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period b. Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is present in person or who is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services; c. Service contracts, after full performance of the service, but only if: i. the performance has begun with the express prior consent of the consumer; and ii. the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully executed the agreement; d. Service contracts for the provision of accommodation, if a specific date or period of execution is provided for in the contract and other than for residential purposes, goods transport, car rental services and catering; e. Agreements related to leisure activities, if a specific date or period of execution is provided for in the agreement; f. Products manufactured according to the consumer's specifications that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person; g. Products that spoil quickly or have a limited shelf life; h. Sealed products that for reasons of health protection or hygiene are not suitable for being returned and of which the seal has been broken after delivery; i. Products that are irrevocably mixed with other products after delivery due to their nature; j. Alcoholic beverages, the price of which was agreed at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the entrepreneur has no influence; k. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery; l. Newspapers, magazines or magazines, with the exception of subscriptions to them; m. The delivery of digital content other than on a material medium, but only if: i. the performance has begun with the express prior consent of the consumer; and ii. the consumer has stated that he thereby loses his right of withdrawal.
Article 13 Applicable law
Only Dutch law applies to the offers made by us and to all agreements entered into by us.
Article 14 Dispute Resolution ODR online Dispute Resolution
The ODR platform was created by the European Commission in 2016 to help dissatisfied consumers. ODR is a form of alternative dispute resolution: alternative to legal proceedings. This platform is intended to resolve E-commerce disputes between consumers and entrepreneurs without the need for a court. If you have a complaint about an online purchase, you can submit it via this platform. The complaint is then handled by a dispute settlement body.
Do you have questions about the ODR procedure? Then contact the ODR contact point. This is housed at the European Consumer Center
All disputes of whatever nature related to / arising from agreements entered into by us and deliveries made by us will be settled by the competent court in the Netherlands.
The private limited company Floor Events Nederland BV, trading under Floor rugs on vinyl, established in Weesp, the Netherlands, we are also involved in a dispute settlement procedure. https://www.eccnederland.nl/nl/online-dispute-resolution-odr