Tern of use OutdoorinStyle.NL (HR 54209633)
Article 1 – Applicability 1. These terms and conditions apply to all offers and invoices outdoorinstyle.nl and all agreements concluded with Outdoorinstyle.nl. 2. The provisions in these conditions may be waived if expressly agreed in writing and in which case remain in force the remaining provisions of these terms and conditions. The agreed derogations agreed exclusively for the contract under which that exemption. 3. If these conditions are once applied, they also apply without further declaration to new agreements between the parties, unless expressly agreed otherwise in writing. 4. Terms and conditions applied by the customer shall not apply unless agreed in writing by Outdoorinstyle.nl. 5. The term ‘client’ means any natural or legal person in a contractual relationship with Outdoorinstyle.nl or will be. 6. Outdoorinstyle.nl reserves the right to amend these terms and conditions or to supplement them. 7. Outdoorinstyle.nl is competent in the execution of agreements to make use of third parties. Even then these conditions apply.
Article 2 – Offers and agreements 1. Offers and prices Outdoorinstyle.nl are free and are valid for two weeks. Offers and prices are based on the wishes expressed by the client. The offer includes a description of the goods to be delivered. Changes compared to what was discussed between the parties, leading to more or less work. 2. Unless otherwise agreed, the customer will all preparation, including any token fee, to compensate Outdoorinstyle.nl in case they do not provide instruction for the delivery of goods. 3. An agreement is concluded at the moment an order confirmation by Outdoorinstyle.nl is handed to the client or the client clearly agrees to the offer, or permits the implementation of the (amended in case of excess or less work) contract begins. 4. Client and Outdoorinstyle.nl agree that by using electronic forms of communication a valid agreement is concluded as soon as the condition of 2.3 are met. The lack of a signature does not affect the binding force of the offer and acceptance. The electronic files of Outdoorinstyle.nl apply as a presumption of proof, in as far as the law allows. 5. Information, images, oral communications, etc. about tenders and characteristics of goods have been provided to the client as accurately as possible (again) or done. Outdoorinstyle.nl not guarantee that all prices and goods fully with the given information are consistent. Featured materials serve as sample and can vary in size or color of the goods to be delivered. Mentioned sizes are always indicative and may vary from the actual sizes. Deviations can not lead to compensation and / or dissolution. 6. Obvious mistakes or errors in brochures, illustrations, drawings, quotations, order confirmations and agreements bind Outdoorinstyle.nl not explicitly
Article 3 – Prices 1. The client is the price that Outdoorinstyle.nl in its quotation or order confirmation has notified it. Obvious errors in pricing can even after the completion of the contract still be corrected. 2. All price changes resulting from the law or a government provision in force, will be passed to the client. 3. If Outdoorinstyle.nl and the customer have agreed that Outdoorinstyle.nl enters into an agreement on behalf of the client with a third party and that third party raises its prices, Outdoorinstyle.nl is entitled to the new applicable prices with immediate effect by charge the customer.
Article 4 – Payment 1. If not immediately, the full amount will be paid on a purchase and so there is a non-standard agreement follows a modified payment arrangement Of the total amount must be paid 50% at the conclusion of the contract if the standard goods concerned and 100% if the customized goods. The delivery time always begins to run only when this payment is received. For standard products, the remaining 50% to be paid no later than the last business day prior to the day of delivery. Outdoorinstyle.nl is entitled to invoice the total price in parts. 2. By the mere expiry of the payment, the client is in default. A notice is not required. 3. In (-tijdige) payment by the client, the client from the date of payment appearance had must take place until the date of full payment of the outstanding balance, interest of 1.5% per month. Part of a month is considered a full month. 4. Paid by the customer provide all the (extra) judicial costs of any nature whatsoever, that should make Outdoorinstyle.nl as a result of failure by the client of its (payment) obligations. These costs amount to 15% of the principal with a minimum of € 500.00 excluding VAT. 5. Failure to comply with the (payment) obligations by the client Outdoorinstyle.nl entitled to terminate the agreement with immediate effect or (further) to suspend delivery of goods until the moment the client (one payment) obligations in full is fulfilled, the payment of interest and costs thereof. 6. The client has no right of set-off, suspension, termination for failure and / or destruction, except as provided in these terms and conditions. Outdoorinstyle.nl entitled all that they, whether due or not, the client has to claim to settle.
Article 5 – Execution of the agreement 1. Supplies of goods always takes place as soon as possible, with due observance of the provisions of Article 4.1 regarding the time of payment of the first installment of the total amount and the final deadline. If possible Outdoorinstyle.nl will at the conclusion of the contract specify the expected delivery time. This delivery is an indication; no rights can be derived. Outdoorinstyle.nl can make further information about the delivery, orally or in writing. This information is indicative and no rights can be derived from it. If a specified delivery time for the client to a statutory limit, this must be disclosed explicitly in writing by the customer and confirmed in writing by Outdoorinstyle.nl. 2. Failure (-tijdige) payment of any installment automatically pushes the delivery time with the period by which the payment moves and get all there for Outdoorinstyle.nl expenses incurred on behalf of the client. 3. Unless agreed otherwise in writing, delivery of the goods at the expense and risk of the client, even if the transport Outdoorinstyle.nl and / or held on its behalf. The risk of loss or damage of goods also goes on at the time they leave the premises of Outdoorinstyle.nl or the premises of the supplier of Outdoorinstyle.nl. 4. Delivery of goods takes place alongside the vehicle carrying the goods are shipped. It is possible the goods at an additional cost, to put in another place, unless the agreement provides otherwise. 5. The purchaser is obliged to provide all information required by Outdoorinstyle.nl and information. In addition, the client is obliged to provide all other facts and circumstances which may be relevant for the proper execution of the agreement Outdoorinstyle.nl. The client is responsible for the accuracy and completeness of all data and information provided Outdoorinstyle.nl. 6. If Outdoorinstyle.nl in the execution of a contract is subject to information provided by the developer, the client Outdoorinstyle.nl can not account for the failure to fulfill its obligations, as long as the client has not provided all the required information. Any costs of this information shall be borne by the client. 7. If the client discovers or reasonably could conclude that Outdoorinstyle.nl failed in the performance of its obligations, it must be justified in writing directly to Outdoorinstyle.nl make this known. Outdoorinstyle.nl will be given a reasonable time by the client where appropriate, if possible, yet perform its obligations. All costs are borne by the client, unless there is liability Outdoorinstyle.nl as provided in Article 9
Article 6 – Delivery and Complaints 1. The transport and logistics costs are at our expense charged which we have no margin. The transport we use is a highly reputable and professional company and able to handle such delicate products carefully, to minimize damage in transit. With a view to the transport costs to reduce to a minimum, we spend the logistics operations out to a specialized third-party. The carrier will contact you to make an appointment for delivery during normal business hours. It is important that you check once unpacked the goods and signs to confirm your acceptance of the order. It is normal that the external package contains some wear and tear, but you must carefully check the product for any damage that may have occurred during transport. In the unfortunate event that there is damage to the product, note the damage on the delivery report prior to signing for receipt of the goods, and you must send us a copy of it. After signing the report, we will neither the carrier liable for any damage, if no damage is noted. Damage must be reported within 24 hours of delivery to the delivery report and a photo. Please do not complete the delivery of a shipment to refuse due to damage of a particular item, as this is the replacement of damaged pieces will slow and will result in additional costs. Please send any claim for damaged goods by sending photos and details of the damaged goods with your order to firstname.lastname@example.org, in order to achieve a quick and easy solution for damaged goods.
Article 7 – Right of withdrawal 1. When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences on the day following receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative. The consumer has canceled again after 14 days to return the product. The consumer will then be credited with the total amount, including shipping. Only the costs for the return of your home to the shop his own expense. 2. During this period the customer will handle the product and packaging. The client will be the product only to unpack or use as necessary to assess whether the client to keep the product. If the client of the right of withdrawal, the customer will return the product with all accessories and – if reasonably possible – in its original condition and packaging to OutdoorinStyle.nl accordance with the by OutdoorinStyle.nl reasonable and clear instructions. 3. To exercise this right, please contact us via email@example.com. We will then order amount owed within 14 days after registration of your return refund if the product has been received in good order return. 4. The right of withdrawal applies to the standard color specifications as clearly described in the product information, in all other cases it is not a standard product.
Article 8 Retention of title 1. Ownership of goods shall, notwithstanding the actual delivery, only to the client, after all that he under any agreement Outdoorinstyle.nl is due, has met, including payment of any interest and costs, including of earlier or later deliveries. 2. The client may the goods, before the property is transferred, not encumber it with any law or by any means, sell, resell, transfer or otherwise encumber.
Article 9 – Warranty and liability 1. by Outdoorinstyle.nl goods only the guarantee as this is determined by the manufacturer of the goods. Outdoorinstyle.nl performs during such a guarantee for the client exclusively a counter function. All sellers have 2 year warranty depending on the components. The rattan / wicker material is covered by our 2-year warranty against fading, cracking and splitting. The frame is also covered by a two-year anti-perforation warranty. The outdoor furniture fabric is not covered under warranty. It is possible to order the optional Sunbrella fabric comes with a warranty of 2 years at an additional cost. 2. Outdoorinstyle.nl admits no liability for consequential damage, indirect damage, lost savings and profits or turnover. Outdoorinstyle.nl 3. If, for whatever reason, is obliged to compensate any damage that compensation will never exceed an amount than was caused equal to the invoice value of the goods causing the damage. 4. Notwithstanding the provisions of this article, there can be no guarantee in the following cases: a., if the wear can be considered as normal; b. if changes or the goods are presented, including repairs not carried out with the consent of Outdoorinstyle.nl; c. If defects are the result of non compliance with the written instructions or improper use, handling or maintenance; d. if defects are caused by intent, gross negligence or negligent maintenance. Also outdoorinstyle.nl can not be held liable if the winter / rain covers are used while the furnishings are dry and thus suffocation occurred. Let the furniture dry thoroughly first before using the covers. 5. The client indemnifies Outdoorinstyle.nl of any claim by third parties regarding the execution of an agreement with Outdoorinstyle.nl may bring against Outdoorinstyle.nl, insofar as the law does not preclude the relevant damages and costs account for the principal. 6. Dimensions, finishes, colors and style are approximate and subject to change. The seller is not liable for such changes.
Article 10 – Force Majeure 1. In the event of force majeure Outdoorinstyle.nl not obliged to fulfill its obligations to the client, the obligation is suspended for the duration of the force majeure. 2. Force majeure includes any circumstance beyond its control thus fulfilling its obligations to the client in whole or in part, temporarily or not, prevented or impeded. Such circumstances include weather and thus delivery of goods is not possible, strikes, business disruptions, power failures, failures in (telecommunications) networks or connections or communication systems and / or at any time not available from staff Outdoorinstyle. ie, no or late delivery by suppliers or other third parties, fire and the absence of any government issued license. 3. Where a period of force majeure lasts longer than six months, the parties are entitled to the agreement in writing (by registered mail) to cancel without diminishing one of the parties being entitled to compensation. 4. The principal shall, except as provided in paragraph 3, be entitled to terminate the contract due to force majeure.
Article 11 – Intellectual Property 1. The client acknowledges that all intellectual property rights of information, messages, drawings or other expressions concerning the goods held by Outdoorinstyle.nl, its suppliers or other claimants. 2. The client is prohibited from using make or changes in the intellectual property rights as described in this article, such as the reproduction of a design without the express prior written consent of Outdoorinstyle.nl, its suppliers or other claimants.
Article 12 – Dissolution 1. Outdoorinstyle.nl may terminate the agreement without notice and without judicial intervention by written notice with immediate effect, totally or partially terminate if the client -whether or not voorlopige- moratorium or obtains, if the client is bankrupt or is declared, or if the company of the customer is liquidated or terminated. Outdoorinstyle.nl because of such termination will not be liable for any damages. 2. Outdoorinstyle.nl can also terminate the agreement with immediate effect if the specified manner in the implementation of the agreement that the technical, or other reasons, can not be the agreed outcome to achieve. 3. Amounts Outdoorinstyle.nl invoiced or will invoice, in connection with which it has already performed or delivered pursuant to the agreement remain due and payable immediately at the time of the termination of the agreement.
Article 13 – Applicable law and competent court 1. All quotations, order confirmations and agreements are subject to Dutch law. 2. All disputes related to or resulting from quotes or order confirmations from Outdoorinstyle.nl or agreements concluded with it, shall be submitted to the competent court in Breda, unless the law expressly another judge as competent matters.