Terms and Conditions

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General terms and conditions VOF Stof en Steen
E-mail: info@stofensteen.com and info@pettenenbaretten.nl
Website: www.stofensteen.com and www.pettenenbaretten.nl

Definitions
1. Stof en Steen: the company VOF Stof en Steen, established in Krommenie under Chamber of Commerce no. 53419049.
2. Customer: the person with whom Stof en Steen has entered into an agreement.
3. Parties: Stof en Steen and Stone and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Stof en Steen.
2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Prices
1. All prices used by Stof en Steen are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
2. Stof en Steen can change all prices that Stof en Steen uses for its products, on its website or that are otherwise made known.
3. Increases in the cost prices of products or parts thereof, which Stof en Steen could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.

4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples and models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Payments and payment term
1. Stof en Steen may require a down payment of up to 50% of the agreed amount when entering into the agreement.
2. The customer must have made payments afterwards after delivery within 7 days.
3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without Stof en Steen having to send the customer a reminder or give notice of default.
4. Stof en Steen reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.

Consequences of not paying on time
1. If the customer does not pay within the agreed term, Stof en Steen is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby part of a month for a whole month is counted.
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Stof en Steen.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, Stof en Steen may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Stof en Steen’s claims against the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by Stof en Steen, he is still obliged to pay the agreed price to Stof en Steen.

Right of advertising
1. As soon as the customer is in default, Stof en Steen is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. Stof en Steen invokes the right to complain by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Stof en Steen, unless the parties agree otherwise.
4. The costs for the collection or return of the products will be done by the customer.

Right of withdrawal
1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
• the product has not been used
• it is not a product that can spoil quickly, such as food or flowers
• it is not a product that has been tailor-made or modified especially for the consumer
• it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
• the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity

• the product is not a loose magazine or newspaper
• the consumer has not waived his right of withdrawal
2. The reflection period of 14 days as referred to in paragraph 1 starts:
• on the day after the consumer has received the last product or part of one order
• as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make his appeal to the right of withdrawal known via info@stofensteen.com, if desired, using the withdrawal form that can be downloaded from the Stof en Steen website www.stofensteen.com or www.pettenenbaretten.nl.
4. The consumer is obliged to return the product to Stof en Steen within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.

Reimbursement of delivery costs
1. If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to Stof en Steen in time, then Stof en Steen will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and fully returned order. refund to the consumer.
2. The costs for delivery will only be borne by Stof en Steen insofar as the complete order is returned.

Reimbursement return costs
If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be borne by the consumer.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention
1. Stof en Steen can invoke its right of retention and, in that case, retain the customer’s products until the customer has paid all outstanding invoices with regard to Stof en Steen, unless the customer has provided sufficient security for those costs. .
2. The right of retention also applies under previous agreements from which the customer still owes Stof en Steen payments.
3. Stof en Steen is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt owed to Stof en Steen against a claim against Stof en Steen.

Retention of title
1. Stof en Steen remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to Stof en Steen on the basis of any agreement concluded with Stof en Steen, including claims regarding shortcomings in the compliance.
2. Until that time, Stof en Steen can invoke its retention of title and take back the goods.
3. Before the ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If Stof en Steen invokes its retention of title, the agreement will be deemed dissolved and Stof en Steen has the right to claim compensation, lost profit and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Stof en Steen unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or are not paid on time, Stof en Steen has the right to suspend its obligations until the agreed part has been paid after all.
5. In the event of late payment, there is a default of creditors, with the result that the customer cannot object to Stof en Steen for a late delivery.

Delivery time
1. The delivery times specified by Stof en Steen are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation of this from Stof en Steen.
3. Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to dissolve the agreement, unless Stof en Steen cannot deliver within 14 days after being summoned to do so in writing or the parties have agreed otherwise.

Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transportation costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packing and Shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Stof en Steen cannot be held liable. held for any damage.
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Stof en Steen prior to transport, failing which Stof en Steen cannot be held liable for any damage.

Storage
1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

Guarantee
1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the time when they are legally and, or actually, delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.

exchange
1. Exchanging purchased items is only possible if the following conditions are met:

  1. exchange takes place within 7 days after purchase against presentation of the original invoice
    the product is returned in its original packaging or with the original (price) tags still attached
    the product has not yet been used
    Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer cannot be exchanged.

     

    Disclaimer

    The customer indemnifies Stof en Steen against all claims from third parties in connection with the products and/or services supplied by Stof en Steen.

     

    Complaints

    The customer must examine a product or service provided by Stof en Steen as soon as possible for any
    If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform Stof en Steen of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
    Consumers must inform Stof en Steen of this within 2 months after the discovery of the shortcomings
    The customer provides as detailed a description as possible of the shortcoming, so that Stof en Steen is able to respond adequately.
    The customer must demonstrate that the complaint relates to an agreement between the parties.
    If a complaint relates to ongoing work, this can in any case not lead to Stof en Steen being obliged to perform other work than has been agreed.

     

    Notice of default

    The customer must notify Stof en Steen of any notice of default in writing.

    2. It is the customer’s responsibility that a notice of default actually reaches Stof en Steen (on time).

    Joint and several liability customer
    If Stof en Steen enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to Stof en Steen under that agreement.

    Liability Dust and Stone
    1. Stof en Steen is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
    2. If Stof en Steen is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
    3. Stof en Steen is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
    4. If Stof en Steen is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the ) invoice amount to which the liability relates.
    5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

    Expiration period
    Any right of the customer to compensation from Stof en Steen expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

    Right to dissolution
    1. The customer has the right to dissolve the agreement if Stof en Steen imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
    2. If the fulfillment of the obligations by Stof en Steen is not permanently or temporarily impossible, dissolution can only take place after Stof en Steen is in default.
    3. Stof en Steen has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if Stof en Steen has become aware of circumstances that give it good grounds to fear that the customer will not be able to fulfill his obligations properly.

    Force of the majority
    1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure on the part of Stof en Steen in the fulfillment of any obligation with regard to the customer cannot be attributed to Stof en Steen in any of the will of Stof en Steen. independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of Stof en Steen.
    2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, pandemics, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
    3. If a force majeure situation occurs as a result of which Stof en Steen cannot fulfill one or more obligations to the customer, those obligations will be suspended until Stof en Steen can meet them again.
    4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

    5. Stof en Steen does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

    Amendment of the agreement
    1. If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
    2. The previous paragraph does not apply to products purchased in a physical store.

    Amendment of the agreement
    1. If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
    2. The previous paragraph does not apply to products purchased in a physical store.

    Change of terms and conditions
    1. Stof en Steen is entitled to amend or supplement these general terms and conditions.
    2. Minor changes can be made at any time.
    3. Stof en Steen will discuss major substantive changes with the customer in advance as much as possible.
    4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

    Transfer of rights
    1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Stof en Steen.
    2. This provision applies as a stipulation with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code

    Consequences of nullity or voidability
    1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
    2. In that case, a provision that is null or voidable will be replaced by a provision that comes closest to what Stof en Steen had in mind when drafting the conditions on that point.

    Applicable law and competent court
    1. Only Dutch law applies to every agreement between the parties.
    2. The Dutch court in the district where Stof en Steen is established / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

    Prepared on July 19, 2022.

 

 

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