Sales and Delivery and Return Terms and Conditions for Products (for Consumers, including Distance Selling)
Applicability of These Terms
1.1 These terms and conditions apply exclusively to all offers, agreements, and deliveries relating to products created or offered by the designer, excluding any other terms or conditions.
1.2 In these general terms and conditions, the following definitions apply:
– Designer: The design agency or designer selling products.
– Buyer: The party engaging with the designer.
– Consumer: The buyer who is acting outside the scope of their profession or business.
– Consumer Purchase: The purchase between the designer and the consumer.
– Distance Selling: The consumer purchase where the agreement is made via the internet, phone, fax, or post.
- Offers and Agreements
2.1 The offer or price provided is valid for the period stated in the offer or as long as supplies last.
2.2 In the case of distance selling, agreements between the designer and buyer are concluded at the moment the buyer accepts the offer and meets the conditions set forth in the offer.
2.3 The designer is entitled to involve third parties in the execution of the agreement. All rights and claims reserved for the designer in these terms and conditions, or in any additional agreements, also apply for third parties or intermediaries engaged by the designer.
- Price Changes
3.1 If, after the agreement is concluded, the prices of raw materials, wages, import duties, taxes, or other external costs (whether due to currency fluctuations or otherwise) increase, the designer is entitled to adjust the purchase price to reflect this increase.
3.2 The designer will inform the buyer of such an increase as soon as possible. In such a case, the buyer is entitled to cancel the agreement, unless the delivery is scheduled to occur more than three (3) months after the purchase, or the increase is due to a legal price increase.
- Delivery
4.1 The designer will specify a delivery time, and if no time is specified, a delivery period of thirty (30) days applies. Delivery times are not considered “fatal deadlines” unless explicitly agreed in writing. If the delivery time is not met, the consumer is required to allow an additional delivery opportunity. If this new delivery attempt is also not met, the consumer can cancel the agreement.
4.2 If the designer requires information from the buyer to execute the agreement, or if a partial advance payment is agreed upon, the delivery time will begin only after the correct and complete information or advance payment has been received by the designer.
4.3 Delivery to consumers takes place in the manner specified by the designer during the purchase process and to the address provided by the buyer when the agreement is made. This includes deliveries made to a post office or to neighbors/third parties designated by the buyer in case of absence. The risk of the delivered products passes to the buyer at the moment of delivery.
4.4 If the buyer refuses delivery, the designer may charge the resulting costs to the buyer. Additionally, the designer has the right to cancel the agreement, without prejudice to the right to claim full compensation for damages.
- Retention of Title
5.1 All delivered products remain the property of the designer until the buyer has fulfilled all obligations under the agreement.
- Cancellation and Returns
6.1 After confirming the order, the buyer may only change or cancel it with the designer’s consent. If the designer has already incurred costs or needs to incur costs due to the change or cancellation, the designer may charge these costs to the buyer. In the case of distance selling, the buyer has the right to cancel the purchase within fourteen (14) days of receiving the product, without giving any reason, through a clear statement or using the withdrawal form available on the designer’s website. Custom-made pieces or those altered specifically for you are not eligible for return, unless they are faulty.
6.2 If the purchase price and shipping costs have already been paid, they will be refunded as soon as possible but no later than fourteen (14) days after the designer is notified of the buyer’s wish to cancel the purchase, unless it is suspected that the returned products have been opened (if this was not necessary to assess the product), used, or damaged through the fault of the buyer. Refunds will be made using the same payment method used for the original transaction, unless the buyer explicitly agrees to another method.
6.3 The buyer must return the product without delay, and in any case within fourteen (14) days after notifying the designer of the intention to withdraw from the agreement. The designer may withhold the refund until the product is received or the buyer provides proof that the product has been returned, whichever occurs first.
6.4 Article 6.2 does not apply to distance sales of:
- a) Goods whose price is subject to fluctuations in the financial market, which the designer cannot control;
- b) Goods that:
1) are made according to the buyer’s specifications;
2) are clearly of a personal nature;
3) cannot be returned due to their nature;
4) can deteriorate quickly or expire;
- c) Audio or video recordings and computer software, if the seal has been broken by the buyer;
- d) Newspapers or magazines;
- e) Services that have been performed with the consent of the consumer before the seven (7) day period has passed.
6.5 Returns of delivered products can only take place after written approval by the designer, and according to the method indicated by the designer during the purchase process. The direct costs of returns in this context are for the buyer, unless explicitly agreed otherwise in writing.
- Payment
7.1 The designer is always entitled to request partial advance payments or deliver goods on a cash on delivery basis.
7.2 If the goods are delivered on account, the invoice must be paid within fourteen (14) days, without the buyer being entitled to discounts or offsets.
7.3 If full payment is not received after the payment term has passed, the buyer is in default and will owe interest at the statutory rate applicable to consumer transactions. All costs incurred by the designer, including legal costs, collection fees, and fees for legal assistance, are to be paid by the buyer. The collection costs are charged according to the “Decree on Compensation for Extrajudicial Collection Costs”. The rates in the decree are:
– Minimum fee €40.00
– 15% over the first €2,500
– 10% over the next €2,500
– 5% over the next €5,000
– 1% over the next €190,000
– 0.5% over any excess of the principal amount, with a maximum of €6,775
7.4 Before collection fees are charged, the designer will send a reminder to the consumer, giving a period of fourteen (14) days from the reminder to settle the outstanding amount.
- Suspension and Termination Rights
8.1 In addition to the provisions regarding force majeure and those in Article 6, the designer is entitled to suspend the performance of their obligations under all agreements with the buyer (partially or entirely) or terminate these agreements without notice or judicial intervention:
- a) If the buyer is in default or the designer has reasonable grounds to fear that the buyer will not meet their obligations fully or on time;
- b) In the event of liquidation, (application for) suspension of payments, bankruptcy, or debt restructuring, or other circumstances that prevent the buyer from freely disposing of their assets;
- c) If circumstances arise making it impossible to fulfill the agreement, or where it would be unreasonable to require the designer to continue the agreement.
8.2 In the cases mentioned in 8.1, any obligations of the buyer become immediately due and payable, and the designer will not be liable for any damages. This does not apply if the termination is due to circumstances not attributable to the consumer.
- Warranties and Complaints
9.1 The products supplied by the designer meet the usual standards and requirements that can reasonably be expected at the time of delivery and are fit for their intended use under normal circumstances. If applicable, warranty provisions from suppliers or third parties, such as manufacturers or importers, apply.
9.2 When using the product outside of the Netherlands, the buyer is responsible for verifying whether the products are suitable for use there and whether they meet any conditions and (legal) requirements in place.
9.3 The buyer is obliged to check the products upon receipt. Any defects should be reported in writing to the designer within two (2) months – and for visible defects, immediately after discovery.
9.4 If it is shown that a product does not meet the agreement and a timely complaint is made, the designer may choose to replace the product, repair it, or refund the invoice price and any paid shipping costs.
9.5 All data, models, and images related to colors, materials, sizes, and finishes are indicative. Minor deviations will not be grounds for rejection, discount, termination of the agreement, or compensation.
- Intellectual Property Rights
10.1 The buyer acknowledges that all intellectual and/or industrial property rights related to the products, materials, and information made available by the designer, including product designs, packaging, labels, models, and other intellectual properties, belong to the designer or their licensors.
10.2 If the designer manufactures products or packaging based on explicit instructions from the buyer (such as provided designs or specifications), the buyer guarantees that no third-party rights are infringed upon and indemnifies the designer against claims from third parties in this regard.
- Liability for Damage
11.1 The designer is not liable for damage caused by:
- a) Improper use of the product or use for a purpose other than its intended use;
- b) The designer relying on incorrect or incomplete information provided by or on behalf of the buyer;
- c) Third parties engaged by the buyer for the execution of the agreement;
- d) Materials or services supplied by third parties at the buyer’s request or with the buyer’s consent;
- e) Misunderstandings, delays, or failures in communication due to the use of the internet or any other electronic communication method.
11.2 Only direct and attributable damage to the designer will be considered for compensation. Indirect damage, including consequential damage, lost profit, data or materials damage, or decreased revenue, is excluded. In the case of consumer purchases, this limitation is subject to the limitations imposed by Article 7:24(2) of the Dutch Civil Code.
11.3 If the designer is liable for damages, liability is limited to the invoice amount related to the (partial) delivery in question, with a maximum of €45,000 or the amount covered by the designer’s insurance.
11.4 The buyer indemnifies the designer against claims from third parties for damages caused during the execution of the agreement, which are attributable to the buyer.
11.5 These limitations of liability do not apply if:
– a) The damage is caused by intent or gross negligence by the designer or their subordinates;
– b) There is product liability under Dutch law (Book 6 Title 3, Section 3 of the Civil Code).
- Force Majeure
12.1 If the designer is unable to fulfill the agreement due to force majeure, they are entitled to suspend their obligations until the force majeure situation ends. If this period exceeds two (2) months, either party may terminate the agreement with respect to the affected products, without being liable for damages.
12.2 Force majeure is understood to include all external causes, whether foreseen or unforeseen, over which the designer has no control and which prevent the designer from fulfilling the agreement.
- Dutch Law and Competent Court
13.1 Dutch law applies to this agreement, even if it is executed wholly or partly outside the Netherlands or if the buyer resides abroad. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
13.2 In case of disputes, the competent court is that of the buyer’s place of residence.
13.3 Parties will only resort to legal proceedings after making every effort to resolve the dispute through mutual discussion.
- Other Provisions
14.1 The Dutch text of these terms and conditions is always decisive for their interpretation.
14.2 Any changes or additions to these terms and conditions are only valid if made in writing. If the designer uses additional terms or conflicting provisions, this will not affect the validity and applicability of the other provisions.
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Eindhoven, The Netherlands, 26 November 2024