Terms and Conditions
‘Vechtdalmeubelsmeubels’, registered with the Chamber of Commerce under number: 85444693
Article 1. Definitions
1.1 Agreement: an agreement concluded between Vechtdalmeubels and the Customer
agreement, whether or not at a distance, aimed at the purchase / sale of furniture.
1.2 Product: the movable property / goods that are part of the Agreement, being – but not limited to – furniture and accessories.
1.3 Vechtdalmeubels: Vechtdalmeubels, or an affiliated company.
1.4 Customer: any natural person, not acting in the exercise of a profession or business, as well as any company or any natural person acting in the exercise of a profession or business, who with regard to Vechtdalmeubels is in a contractual relationship by virtue of an Agreement concluded with Vechtdalmeubels, but in any case the person on whose instructions and for whose account and risk the item is purchased.
1.5 Webshop: the online store accessible via www.vechtdalmeubels.nl.
Article 2. Applicability and amendment
2.1 These general terms and conditions apply (but not exclusively) to all offers, quotations and agreements of purchase and sale concluded between Vechtdalmeubels and to any other Agreement concluded between Vechtdalmeubels and the Customer.
2.2 The Customer can only invoke deviating and/or supplementary stipulations and/or its own conditions if and insofar as these have been expressly accepted by Vechtdalmeubels in writing. Any general terms and conditions of the Customer do not apply.
2.3 If any provision of these General Provisions is void or is annulled, the General Provisions will remain in effect for the remainder as much as possible and the relevant provision will be replaced by a provision that reflects the original intention of that provision as much as possible.
Article 3. Intellectual property right
3.1 Vechtdalmeubels reserves the intellectual property on, among other things, but not limited to, provided designs, offers, images (on the webshop), drawings and (showroom) models.
3.2 Without the prior written consent of Vechtdalmeubels, the Customer is not permitted to reproduce, publish, any material, documentation, designs, or other works on which intellectual property rights of Vechtdalmeubels rest, exploit, exhibit or in any way provide to third parties.
Article 4. Retention of title and use
4.1 Vechtdalmeubels remains the owner of the Product until the payment obligation associated with the Agreement has been fully met. Thus, a retention of title applies between the parties.
4.2 As long as the retention of title of Vechtdalmeubels is still in force (as referred to in article 3.2), the Customer is prohibited from modifying, alienating, pledging or otherwise encumbering the Product, subletting or otherwise making it available to third parties or transferring rights or obligations arising from the Agreement to third parties. The parties intend a transfer prohibition within the meaning of article 3:83 paragraph 2 of the Dutch Civil Code.
4.3 The Product may only be used in accordance with its intended purpose and for normal use, unless special use has been agreed. The Customer is not permitted other use than agreed. Vechtdalmeubels never considers itself liable.
4.4 Special use in any case means encumbering / loading the Product with more than 200 kg.
Article 5. The Agreement / right of withdrawal
5.1 If the Customer accepts the offer made by Vechtdalmeubels via the Webshop, Vechtdalmeubels will send an order confirmation to the e-mail address specified by the Customer.
5.2 Every offer made by Vechtdalmeubels states the price of the product. The prices quoted include VAT if the customer is a consumer, and exclude VAT if the customer is acting in the exercise of a profession or business.
5.3 Vechtdalmeubels is entitled to set additional conditions, including requiring advance payment or security, if the customer has previously failed to fulfill payment obligations towards Vechtdalmeubels.
5.4 Customer, provided that it is not acting in the exercise of a profession or business, can dissolve / revoke the Agreement that has been concluded at a distance within fourteen days after receipt of the Product without stating reasons.
5.5 If the Customer makes use of his cooling-off period, he must report this by e-mail within the period of fourteen days to info@vechtdalmeubels.nl.
5.6 During the statutory cooling-off period of fourteen days, the Customer will handle the Product and the packaging with care. The customer will only use or inspect the Product to the extent necessary to determine its nature, characteristics and operation. If the product is used in a different way during this period and this causes damage or depreciation, the Customer is liable for this depreciation.
5.7 In the event of dissolution or use of the right of withdrawal, the Customer will ensure that the Product is returned within fourteen days of receipt. Customer bears the costs for return / the costs for transport.
5.8 Customer returns every Product in the original packaging including all supplied accessories.
5.9 The right of withdrawal is excluded if the Product has been mixed with other items after delivery, or if the Product has been manufactured according to the customer’s specifications (customization) and is therefore not suitable for be returned.
5.10 Cancellation (prior to the time of delivery) or use making use of the cooling-off period is not possible when purchasing a showroom model or purchasing a Product that is according to specifications of a customer (customization).
Article 6. Delivery
6.1 All costs related to the transport / delivery of the Product are for the account of the Customer.
6.2 Any visible damage or defects to the Product must preferably be stated directly on the delivery note / proof of receipt upon delivery. If this is not possible, the Customer must report within 48 hours such damage to Vechtdalmeubels.
6.3 From the moment of delivery, the Customer bears all risks with regard to the Product.
6.4 Vechtdalmeubels makes every effort to ensure delivery within the agreed term. The agreed term is an indication from Vechtdalmeubels within which delivery can occur. In the event of any delays in delivery, Vechtdalmeubels will communicate the (revised) term within which delivery will still take place, which will not be longer than the previously agreed term.
6.5 If delivery cannot take place within the article
6.4 mentioned revised term, the Customer is free to dissolve or cancel the Agreement. Vechtdalmeubels can offer the customer, at his request, a alternative product that corresponds as much as possible to the original offer. In that case, Vechtdalmeubels is not liable for any damage as a result of the delay, including consequential damage.
Article 7. Payment of the agreed price
7.1 Payment of the purchase price in principle takes place when the Agreement is concluded, therefore prior to delivery. If parties have agreed otherwise in writing, the purchase price will be paid no later than delivery. In the event of a partial delivery, the purchase price for that part must have been paid upon delivery. Unless agreed otherwise in writing.
7.2 The Customer who does not pay within the applicable payment term is legally in default.
7.3 If payment remains outstanding even after the expiry of the agreed payment term, the Customer will owe the extrajudicial collection costs as well as (in the case of a natural person) the statutory interest and (in the case of a non-natural person) a contractual interest of 1% per month. If the customer is a natural person, then the extrajudicial collection costs are only due after the Customer has been granted a period of fourteen days to still comply with the payment obligation.
7.4 For the calculation of the contractual interest due as mentioned under article 7.3, part of the month counts as a full month.
7.5 If the agreed payment term is exceeded, Vechtdalmeubels also has the right to suspend its obligations under the Agreement in whole or in part and to dissolve the Agreement in whole or in part, whereby a claim can be made on the then applicable value of the Agreement minus the costs.
Article 8: Non-performance agreement / force majeure
8.1 If the performance of the Agreement is wholly or partially, whether or not temporarily, impossible due to a circumstance that is not attributable to Vechtdalmeubels, Vechtdalmeubels is relieved of its obligations for the duration of that impediment.
8.2 If performance of the Agreement is permanently impossible due to an external circumstance that cannot be attributed to Vechtdalmeubels or force majeure, both parties are free to dissolve or cancel the Agreement in whole or in part. In that case, parties can proceed to dissolution or cancellation free of charge and without any liability up to 24 hours before the delivery or collection of the Products.
8.3 External circumstances / force majeure in any case (but not exclusively) include a pandemic, war, natural disasters, fire, malfunctions in the production process, strikes, extreme weather conditions, illness or failure to timely fulfill obligations by third parties / suppliers on whom Vechtdalmeubels depends.
Article 9: Warranty
9.1 Vechtdalmeubels provides a warranty of two (2) years on the delivered Product if the Customer is a consumer, and of one (1) year if the Customer is acting in the exercise of a profession or business, unless in writing agreed otherwise. Within this period, Vechtdalmeubels will repair defects free of charge or, at its option, replace the item, provided that the defect is reported to Vechtdalmeubels in a timely manner and in writing. Timely is understood to mean within a reasonable time after discovery of the defect.
9.2 Vechtdalmeubels delivers the Product in accordance with the Agreement and strives to deliver the product as much as possible as presented in the Webshop or showroom. Because wood is a natural product, color, structure and grain differences may occur. Such natural deviations do not constitute a defect and do not entitle the consumer to replacement, repair or compensation.
9.3 Repair or replacement under the warranty provided does not provide an extended or renewed warranty period.
9.4 Warranty does not apply to defects that (for example, but not exclusively)
are the result of:
a. Normal wear and tear;
b. Careless use;
c. Special use;
d. Failure to comply with usage and/or
maintenance instructions;
e. Modifications / repairs carried out by hand or by third parties;
f. Causes such as fire, lightning, water or moisture damage as result of heavy rainfall or other circumstances originating from nature.
9.5 Insofar as there may be a right of action of the Customer against Vechtdalmeubels, (also) based on a defect, this will lapse in
the case:
I. the defect has not been brought to the attention of Vechtdalmeubels within a reasonable time after discovery;
II. Customer does not provide or insufficiently cooperates with Vechtdalmeubels with regard to an investigation into the merits of the complaints, and/or Vechtdalmeubels has not been given sufficient or no opportunity to repair the defect or replace the Product;
III. Customer, without prior, explicit and written permission from Vechtdalmeubels has carried out/had carried out repairs and/or modifications to the Product;
IV. the Product has been put into use after discovery of the defects taken, or if the use of the Product is continued after discovery.
Article 10: Liability and indemnification
10.1 The liability of Vechtdalmeubels is expressly limited to the direct damage caused by the Product. This with the exception of damage caused by intent or deliberate recklessness on the part of Vechtdalmeubels. The liability of Vechtdalmeubels for Other (consequential) damage and financial loss / indirect damage, however named, including medical damage, damage to a different object, loss of turnover and/or profit, delay damage, is expressly excluded.
10.2 Except in the event of damage caused intentionally or deliberately by Vechtdalmeubels, the maximum amount for which Vechtdalmeubels is liable can never exceed the invoice amount, unless and to the extent that Vechtdalmeubels’ insurer pays out a higher amount in that specific case.
10.3 Vechtdalmeubels is only liable for damage:
10.3.i if this damage is covered by its liability insurance, up to the amount paid out by its insurance, plus the deductible, or;
10.3.ii if there is intent or gross negligence on its part.
10.3.iii If (i) there is no intent or gross negligence, or (ii) the insurance does not pay out, and Vechtdalmeubels is still liable, this liability is limited to direct damage only (where liability for indirect damage is expressly excluded) with a maximum of € 5,000.
10.4 The Customer indemnifies Vechtdalmeubels against all third-party claims regarding any direct and/or indirect damage caused by, through or in connection with the Product or any defects in the Product.
10.5 Any liability of Vechtdalmeubels lapses after a period of twelve months, counting from the occurrence of the damage.
10.6 Vechtdalmeubels is entitled to set off any claims of the Customer against claims of Vechtdalmeubels on companies directly and indirectly affiliated with the Customer.
10.7 The Customer is at all times liable for damage in the event of failure to comply with the guidelines for use of the Product, the insurance conditions and the procedures and manuals prescribed by Vechtdalmeubels.
Article 11: GDPR
11.1 When entering into the Agreement, the Customer grants permission to Vechtdalmeubels to process personal data, for example, but not exclusively name, address, telephone number and an e-mail address. All processing operations are based on the Agreement between the parties or any other legal basis.
Article 12: Complaints procedure
12.1 Complaints about the execution of the agreement must be submitted within a reasonable time, but no later than fourteen (14) days after discovery of the defect, fully and clearly described via e-mail to info@vechtdalmeubels.nl.
12.2 Vechtdalmeubels will provide a substantive response within fourteen (14) days of receipt of the complaint. If a complaint is foreseeably requires a longer processing time, Vechtdalmeubels will send an acknowledgment of receipt within that period and indicate when the customer can expect a further response.
12.3 If the complaint cannot be resolved by mutual agreement, the consumer can submit the dispute via the European ODR platform (Online Dispute Resolution): https://ec.europa.eu/consumers/odr/.
Article 13. Applicable law, competent court
13.1 The legal relationship between the parties is exclusively governed by Dutch law.
13.2 The Almelo District Court has exclusive jurisdiction to hear all disputes arising from the Agreement between the parties.