GENERAL TERMS OF DELIVERY (BENELUX) B2C
The terms shown below with a capital letter, including plurals, have the following meanings for the purpose of this Agreement:
You/Your: the individual, i.e. the consumer or other person, or entity forming the contractual or other party to BRE.
Consumer: an individual trading not on behalf of a company, nor in pursuit of his occupation.
Form: an electronic or other document which includes a more detailed specification of the Product or with which the Product is ordered or reserved.
VAN EECKHOUTTE: VAN EECKHOUTTE, Inc., based in Amersfoort, The Netherlands. www.vaneeckhoutte.com
VAN EECKHOUTTE: VAN EECKHOUTTE, Agreement: Your order, the confirmation thereof and these General Terms.
Party: each party to the Agreement.
Product: each product which VAN EECKHOUTTE makes available, delivers, will deliver or has delivered under the Agreement, including: design furniture, custom orders, interior design, and woodwork.
Validity of Terms
1. These General Terms are applicable to all quotations from, orders to and Agreements with VAN EECKHOUTTE. Unless explicitly agreed otherwise in writing. No other General Terms are valid. If the specific nature of a particular Agreement so requires, it is possible to deviate from one or more articles in the General Terms for the purpose of that Agreement.
2. These Terms are registered with the Chamber of Commerce in Amersfoort, the Netherlands under the number 69526974 and will be forwarded to You by VAN EECKHOUTTE upon request and free of charge. These Terms are also available via the Internet.
3. Communication between Parties may take place via the Internet (e-mail) with the exception of where this is contrary to the General Terms and/or the Agreement and/or the applicable law. The version of the communication in question saved by VAN EECKHOUTTE is proof thereof, subject to Your proof to the contrary.
4. E-mail is deemed to have been received on the day of dispatch, unless You prove to the contrary. Where the e-mail has not been received as a result of delivery or access problems on the part of Your e-mail box, this is at Your own risk, including where the e-mail box is hosted by a third party.
Effectuation of the Agreement
5. VAN EECKHOUTTE’s statements in advertisements, catalogues, mailings or on the Internet regarding making the company’s Products available constitute an invitation to bid. The Agreement comes into force upon confirmation of your order by VAN EECKHOUTTE.
6. VAN EECKHOUTTE may refuse orders with motivation, or alternatively attach particular terms to the delivery, unless explicitly determined otherwise. In the case of an order not being accepted, or being unable to be delivered, VAN EECKHOUTTE will inform You within 5 (five) working days of receipt of the order.
Prices and payments
7. VAN EECKHOUTTE is not bound by quotations in the case of printing, typesetting or programming error in the company’s advertisements, catalogues, mailings or on the company’s websites. Prices mentioned in the company’s advertisements, catalogues, mailings or on the Internet can be altered at any time. The prices mentioned in the confirmation from VAN EECKHOUTTE, are binding.
8. You pay the price for the Products, (and if necessary the shipping thereof), mentioned in the confirmation sent by VAN EECKHOUTTE. Prices are in euros including VAT (or applicable sales tax) and other duties. Payment is made in the manner given by VAN EECKHOUTTE ATELIER upon the Form, without prejudice to the provisions in article 11.
9. Payment may be made in (one of) the method(s) indicated on the Form, in VAN EECKHOUTTE’s confirmation or on the invoice. VAN EECKHOUTTE may apply additional (payment/order) conditions. Where payment occurs by bank or giro the payment date will be construed as being the date on which VAN EECKHOUTTE’s bank or giro account is credited with the amount due.
10. Where payment is against invoice, You are obliged to make payment in full, without discount or compensation, within 14 (fourteen) days of receipt of the invoice, unless otherwise specified by VAN EECKHOUTTE. Invoices sent by post will be regarded as having been received within 2 (two) working days of the Benelux postmark, unless otherwise proven by the recipient.
11. In the event of late payment VAN EECKHOUTTE is entitled:
1) without the need for proof of default or notice, to charge the statutory interest on the outstanding amount due from the date on which payment should have taken place until the date on which the amount due has been received by VAN EECKHOUTTE; and
2) after proof of default, to transfer the claim for collection by a third party. You will then compensate VAN EECKHOUTTE for financial loss according to the legal guidelines, comprising, amongst other things, of extrajudicial expenses, with a minimum of 10 (ten) per cent of the remaining sum. Where you have chosen to pay electronically, proof of default may be sent electronically.
Delivery and Ownership restrictions
12. Products will be sent to the address given by You with all due speed and at the latest within 3 weeks working days of receipt of your order, unless stated otherwise by VAN EECKHOUTTE.
13. If shipment does not take place on time, You will receive notification within 1 (one) month of placing the order and You will be entitled to cancel the Agreement without charge, up to the moment of delivery, by notifying VAN EECKHOUTTE ATELIER in writing. Failure to deliver on time does not entitle You to any compensation.
14. All Products supplied by VAN EECKHOUTTE remain the property of VAN EECKHOUTTE or their suppliers until payment has been received in full, including any possible interest and collection charges due.
15. After You have taken receipt of the Products, the risk of damage or loss is transferred to You. Where one or more of the Products has been mislaid, You are obliged cooperate with the investigation at the first request to do so. If You refuse, VAN EECKHOUTTE entitled to charge You the full price of the Products.
16. You are obliged to inspect and test the Products on receipt. You should notify VAN EECKHOUTTE of any defaults within 3 (three) days of receipt, enclosing the Product in question. Defaults are demonstrable deviations in a Product from the agreed specification. After this deadline, all rights to claim against VAN EECKHOUTTE with respect to defaults lapse.
17. If a claim is found by VAN EECKHOUTTE to be valid, VAN EECKHOUTTE will refund the Products, repair or replace them with similar items entirely of their own choice and at their own discretion.
18. If You are a Consumer, You are entitled to return a Product that has not yet gone in production by VAN EECKHOUTTE within 7 (seven) working days of receipt of the Product and to cancel the Agreement, without stating the reason. This term is extended by law to a maximum of 3 (three) months, in the event of VAN EECKHOUTTE failing to meet all their legal obligations to provide information.
19. Returns in such cases will only be accepted if the product in question has not gone into production yet. Any associated payment already received by VAN EECKHOUTTE ATELIER will be returned within 30 (thirty) days of the cancellation, at the latest.
Intellectual Property Rights
20. The intellectual property rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and related rights, as well as rights to the know-how on all Products made available by VAN EECKHOUTTE in the context of the Agreement, are held by VAN EECKHOUTTE.
21. You are not allowed to remove any marks belonging to the rights owner regarding the intellectual property rights on the Products. The same applies to statements that particular information is of a confidential nature.
22. With the exception of when obliged to do so by law, You are prohibited from duplicating the Products, including as an extract, as well as copying, dismantling, decompiling or reverse engineering them. Furthermore it is forbidden to remove or circumvent any security or technical restrictions on (or in the use of) the Products.
23. Unless specific quality characteristics have been explicitly agreed, it is sufficient for VAN EECKHOUTTE to supply Products of standard (trade) quality.
24. Barring written agreement to the contrary, VAN EECKHOUTTE is not subject to any guarantee, other than included in these terms, with the exception of guarantees required by law.
25. In any event, defects resulting from normal wear and tear or abnormal use fall outside the guarantee.
26. VAN EECKHOUTTE ATELIER is not liable for misunderstandings, alteration, delay or inadequate transmission of orders and communication as a result of the use of the Internet or any other means of communication in correspondence between You and VAN EECKHOUTTE, or VAN EECKHOUTTE and third parties, where these pertain to the relationship between You and VAN EECKHOUTTE.
27. Furthermore, VAN EECKHOUTTE is not liable for any indirect damage to You or third parties, including consequential damage, loss in turnover and profit, loss of data and emotional injury, connected to or resulting from the Agreement or use of the Products.
28. With the exception of where otherwise determined by law, and without prejudice to the provisions contained elsewhere in the Agreement, VAN EECKHOUTTE’s liability towards You, in any capacity whatsoever, per event, (whereby a series of connected events will count as one single event), is limited to the amount paid by You to VAN EECKHOUTTE in the calendar year in which the claim arose.
29. If You are not a Consumer, You, indentify VAN EECKHOUTTE against any claims from third parties, in any capacity whatsoever, pertaining to compensation for damage, costs or interest, with respect to or arising from the Agreement or use of the Products.
30. The previous clauses in these articles are not applicable if and insofar as the damage in question has been caused with intent or by deliberate recklessness on the part of VAN EECKHOUTTE.
31. A Party is exempt from meeting one or more of its obligations, with the exception of obligations to make financial payment, where it is prevented from doing so as a result of circumstances beyond its control.
32. These circumstances include non-culpable shortcomings on the part of VAN EECKHOUTTE, third parties or suppliers brought in by VAN EECKHOUTTE, as well as every situation over which the Party concerned is in fact unable to exercise any (deciding) control, including the non-functioning or reduced functioning of the Internet, postal service, electricity network, computer systems and/or networks.
33. As soon it is clear that such a case of force majeure will last for longer than 3 (three) months, the other Party has the right to cancel the Agreement, without being liable for damages.
Applicable law and jurisdiction
34. These General Terms and the Agreement are subject to Dutch and Belgian law for Consumers resident in the Netherlands or Belgium/Luxembourg respectively. If You are not a Consumer, these General Terms and the Agreement are subject to Dutch law only.
35. All disputes between Parties will be presented exclusively before an authorized Court in the Benelux.
36. The provisions of these General Terms and the Agreement together determine the legal relationship between Parties and replace all previous agreements or statements made by VAN EECKHOUTTE regarding the subject of the Agreement and preclude any other evidence.
37. If one or more of the provisions in these General Terms or the Agreement with VAN EECKHOUTTE conflict with the laws applicable, they will lapse and will be replaced by new, legally admissible, similar provisions, by VAN EECKHOUTTE.
38. VAN EECKHOUTTE is, at its own discretion, entitled to appoint third parties to execute the Agreement.
39. VAN EECKHOUTTE is entitled to change these General Terms from time to time. A change will also apply to any Agreements dated prior to the time of the change.
40. All purchases are non-refundable.
41. All orders, once payment has been received, can't be cancelled.
42. All orders can not be returned once received (dismissable if explicitly discussed, and agreed on with VAN EECKHOUTTE).