General terms and conditions Stretch Ceiling Complete Version valid from: 3 January Article 1 Definitions

Transcription

1 General terms and conditions Stretch Ceiling Complete Version valid from: 3 January 2013 Article 1 Definitions 1.1 Stretch Ceiling Complete: with its registered office in Westerhaar, The Netherlands and listed in the Chamber of Commerce under file number Customer: a natural person or legal entity, concluding an agreement with Stretch Ceiling Complete. 1.3 Consumer: a Customer as referred to in 1.2, not acting in the course of a profession or business. 1.4 Website of Stretch Ceiling Complete: the website of Stretch Ceiling Complete, accessible, among other things, via Products: the definition of an article or object in the broadest sense. 1.6 Agreement: a distance agreement where the Customer uses Products at Stretch Ceiling Complete via a Stretch Ceiling Complete-organized system for sales from a distance and where, up until the moment the agreement is concluded, sole use is made of one or more techniques for communication at a distance. 1.7 Cooling-off period: a term within which a Consumer has the possibility to realize termination of the purchase via the right of withdrawal. 1.8 Right of withdrawal: the possibility for a Consumer to return (a) Product(s) ordered by him, after receipt, to Stretch Ceiling Complete within the cooling-off period and to have the purchase amount reimbursed. Article 2 General provisions 2.1 Provisions in these general conditions that apply to a Customer, will apply mutatis mutandis to a Consumer, unless explicitly stated otherwise. 2.2 These terms and conditions apply to all offers and agreements (at a distance) of Stretch Ceiling Complete which are purposed for the sale of Products. 2.3 Any purchasing conditions from the Customer are explicitly rejected and shall not be applicable to agreements concluded with Stretch Ceiling Complete. 2.4 In the event that one or more provisions in these general terms and conditions, wholly or in part, are null and void or voided, the other general terms and conditions will remain fully in effect. 2.5 In these general terms and conditions the words 'in writing' will also be considered to mean documents drafted in writing sent electronically, most certainly including e- mail and documents sent via fax. 2.6 The content of this website and the content of all other statements from Stretch Ceiling Complete on the Internet have been compiled with the utmost care. However, Stretch Ceiling Complete provides no warranties regarding the nature, correctness or content of this information. Stretch Ceiling Complete will not be liable for any errors or inaccuracies that may occur, nor for any consequences resulting from the use of the information in question.

2 Article 3 Offers 3.1 The Products on the website of Stretch Ceiling Complete are offered with Product specifications and the price of the Product excluding VAT. Dispatch costs are displayed prior to or during the conclusion of the agreement. 3.2 The Products offered on the website of Stretch Ceiling Complete contain as accurate and truthful a description and/or image of the Product offered as possible. 3.3 In the event that the descriptions and/or images as referred to in article 3.2 are different from reality, Stretch Ceiling Complete will by no means whatsoever be liable towards the Customer. The Consumer shall at all times retain the right to invoke the Right of withdrawal as provided in article Stretch Ceiling Complete will provide the Customer with information regarding the expected time of delivery of the Product, which term will be merely indicative. 3.5 Any outstanding import duties will at all times be at the expense of the Customer. Article 4 Concluding an agreement 4.1 Agreements are concluded after the Customer has accepted an offer or tender issued by Stretch Ceiling Complete and Stretch Ceiling Complete has declared to agree to this acceptance. 4.2 An agreement is also concluded in the event that Stretch Ceiling Complete commences the delivery of Products to the Customer after the Customer has placed an order via the website of Stretch Ceiling Complete. 4.3 Stretch Ceiling Complete shall at all times be free, without providing reasons for this, not to agree with an offer accepted by Customer. In the event that the Customer has already made a payment to Stretch Ceiling Complete, the latter will reimburse this amount immediately after the rejection to the Customer. Article 5 Delivery 5.1 After concluding an agreement, Stretch Ceiling Complete will offer the ordered Products for dispatch. The costs of dispatch will be disclosed during the conclusion of an agreement. 5.2 After an agreement is concluded between Stretch Ceiling Complete and the Customer, the Products ordered by the Customer will be delivered by Stretch Ceiling Complete as soon as possible. 5.3 In the event that Stretch Ceiling Complete is not capable of delivering the Product ordered by a Consumer within thirty (30) days, a Consumer may terminate the agreement.

3 Article 6 Returning Products 6.1 After receipt of the Products ordered, the Consumer will have fourteen (14) days to return the goods to Stretch Ceiling Complete, without giving reasons for this, based on his Right of withdrawal, provided that the Product is unopened and undamaged. 6.2 After receipt of the Product, Stretch Ceiling Complete will reimburse the Consumer for the invoice value of the Product, within thirty (30) days. 6.3 In the event that a Consumer invokes his Right of withdrawal, the risk and costs of returning the goods shall be at the expense of the Consumer. 6.4 The Consumer will be obliged to take all appropriate measures to prevent damage to the Product and/or packaging. 6.5 Damaged Products shall never be taken back by Stretch Ceiling Complete. 6.6 A Consumer may not invoke his Right of withdrawal in the event that the ordered Product has been manufactured in accordance with the personal preferences of the Consumer, or in the event that in accordance with its nature, it cannot be taken back. Article 7 Guarantee 7.1 The Customer will be obliged to check the delivered Products immediately after receipt. The Customer will be obliged to report any defective Products to Stretch Ceiling Complete immediately after discovery and no later than within a term of seven (7) days. 7.2 No warranty will be given on Products or other goods that are damaged during the fitting/assembly of Products. Stretch Ceiling Complete will therefore be never held liable for any damages that arise from the use or fitting/assembly of Products. 7.3 In the event that the complaints are declared well-founded by Stretch Ceiling Complete, the Customer will be offered repairs, a replacement Product or the reimbursement of the invoice value of the Product. 7.4 The Customer will not be entitled to guarantee as referred to in this article in the event that it is established that the defect of the Product is caused through actions of the Customer.

4 Article 8 Price & Payment 8.1 The Products on the website of Stretch Ceiling Complete are offered with Product specifications and the price of the Product excluding VAT. Dispatch costs are displayed prior to, or during the conclusion of the agreement. 8.2 All payments must be made in advance. Either by the means provided on the Website or via a prior transfer on the bank account of Stretch Ceiling Complete. 8.3 Any inaccuracies in the invoicing must be reported directly to Stretch Ceiling Complete by the Customer, after which Stretch Ceiling Complete will correct the amount. 8.4 Inaccuracies in the invoicing do not release the Customer from any payment obligations or other obligations laid down in these terms and conditions. 8.5 In case of failure on the part of the Customer to fulfill payment in time, apart from the amount outstanding, increased by the statutory (commercial) interest, he will be obliged to also pay the full compensation for extra-judicial and judicial costs of collection, including the fees for lawyers, enforcement agents and debt-collection agencies. Article 9 Retention of title & intellectual property 9.1 The Products delivered by Stretch Ceiling Complete will remain property of Stretch Ceiling Complete until the moment that the Customer has properly complied with all obligations arising from the agreement concluded with Stretch Ceiling Complete. 9.2 In case Stretch Ceiling Complete invokes the retention of title, the concluded agreement in question will be deemed terminated, without prejudice to Stretch Ceiling Complete's right to claim compensation of damages, foregone profits and interests. 9.3 The contents of the website of Stretch Ceiling Complete, including, but not limited to: the texts, images, designs, brands and domain names, are property of Stretch Ceiling Complete and are protected by copyrights and intellectual and industrial property rights, existing under applicable laws. Users of the website will not be allowed to reproduce the website or any part thereof, or else make it available without Stretch Ceiling Complete's consent. Article 10 Force Majeure 10.1 Stretch Ceiling Complete will not be obliged to comply with any obligations towards the Customer in the event that it is hampered thereto as a result of a circumstance which may not be attributed to it, nor is at its expense pursuant to the law, a legal act or generally accepted practice During the period of force majeure, Stretch Ceiling Complete may suspend the obligations arising fron the agreement. In the event that the force majeure lasts longer than a period of thirty (30) days, both the Customer and Stretch Ceiling Complete will have the right to terminate the agreement, without any obligation to compensate the damages incurred by the other party.

5 Article 11 Liability 11.1 In the event that Stretch Ceiling Complete is held liable, each liability will be limited to no more than the invoice value of the agreement, at least to that portion of the agreement that the liability pertains to Stretch Ceiling Complete will only be liable for direct loss. Direct loss is understood to mean exclusively: the reasonable costs to determine the cause and the extent of the loss, in so far as determining this pertains to the loss within the meaning of these terms and conditions. the reasonable costs, if any, incurred to cause the defective performance from Stretch Ceiling Complete to comply with the agreement, to the extent that these may be attributed to Stretch Ceiling Complete. reasonable costs, incurred for preventing or limiting loss, in so far as the Customer demonstrates that these costs have led to limitation of direct loss as referred to in this article Stretch Ceiling Complete excludes every liability for indirect loss incurred by use of Products supplied by Stretch Ceiling Complete, with the exception of situations where the damage may be directly attributed to deliberate intent or gross negligence on the part of Stretch Ceiling Complete, its board of directors and/or managerial staff Stretch Ceiling Complete will in any case never be liable for the following loss items: consequential damage, loss of profits, lost savings and loss due to business interruption. Article 12 Applicable law and conflicts 12.1 To all legal relationships that Stretch Ceiling Complete is party to, Dutch law will apply exclusively. The applicability of the Vienna Sales Convention is excluded The Customer and Stretch Ceiling Complete will only then appeal to the Court after having made every effort settle a conflict in joint consultation Unless the rules of mandatory law prescribe otherwise, at first instance the Court of Almelo in The Netherlands will legally entitled to take cognizance of the conflicts between Stretch Ceiling Complete and the Customer.