General Terms and Conditions of Sale (B2C) of Aldowa B.V. in Rotterdam
Article 1: Definitions
The following definitions apply in these terms and conditions:
a. the entrepreneur: the natural person, legal entity or private partnership, acting in the exercise of a profession or business, applying these online shop terms and conditions;
b. the consumer: all natural persons who, not acting in the exercise of a profession or business, enter into an agreement as referred to under c with the entrepreneur;
c. the agreement: the purchase agreement entered into remotely under which the entrepreneur undertakes to provide one or more moveable products and the consumer undertakes to pay a monetary price.
d. the offer: the offer from the entrepreneur provided for the purpose of entering into an agreement as referred to under c in this Article.
Article 2: Applicability
2.1 These terms and conditions apply to all offers made by the entrepreneur to the consumer and to all agreements concluded by the entrepreneur with the consumer.
2.2 In the event of conflicts between the content of the agreement entered into by the entrepreneur and the consumer and these general terms and conditions, the provisions set out in the agreement will prevail.
Article 3: The offer
3.1 The offer is without engagement.
3.2 The images and photographs used provide, as reasonably as possible, a true representation of the products’ appearance. A product that shows minor deviations from the product’s appearance in the images and the photographs shall nevertheless comply with the agreement.
3.3 The entrepreneur is not bound by obvious mistakes or obvious errors in the offer. Article 4: Errors in the information provided
Article 4: Errors in the information provided
4.1 The consumer bears the risk with regard to damage due to errors in the data provided by or on behalf of the consumer.
4.2 The provisions of the previous paragraph do not alter the fact that the entrepreneur is obliged to point out errors to the consumer if the entrepreneur can reasonably be considered to be aware of them, they are relevant to the execution of the agreement, they become apparent to the entrepreneur before or during the execution of the agreement and the entrepreneur should be deemed an expert with regard to these errors.
Article 5: Delivery term and risk transfer
5.1 Indicated delivery time is eight weeks. Delivery periods stated are indicative. The Parties may make other arrangements in this regard.
5.2 When the entrepreneur delivers the product to the consumer or has it delivered, the product is for the consumer’s risk as soon as the consumer or someone else designated by the consumer who is not the carrier has received the product.
5.3 When the consumer has chosen a carrier and this carrier is not offered by the entrepreneur, the risk passes to the consumer as soon as the carrier has received the product.
Article 6: Payment
6.1 Payment is made into an account to be designated by the entrepreneur.
6.2 Unless otherwise agreed, payment should be made immediately during the purchase process. The order is placed as soon as the payment is completed.
Article 7: Right of withdrawal
7.1 The products supplied are manufactured based on specifications entered by the consumer. For this purpose, the consumer fills in the required dimensions and desired colour and perforation. This makes the panels custom-made products. As these are custom-made
products, the consumer’s right of withdrawal is forfeited.
The consumer can, however, change the chosen specifications free of charge up to 48 hours after placing the order.
Article 8: Exercising the right of withdrawal
8.1 As explained in Article 7, the panels concern custom-made products. As a result, there is no right of withdrawal.
Article 9: The entrepreneur’s obligation to repay on withdrawal
9.1 As explained in Article 7, the panels concern custom-made products. As a result, there is no right of withdrawal.
Article 10: The consumer’s obligations during the period of reflection
10.1 As explained in Article 7, the panels concern custom-made products. As a result, there is no right of withdrawal.
Article 11: Force majeure
11.1 If fulfilment of an obligation under the agreement is temporarily impossible for one of the parties due to a cause that cannot be attributed to it, then this party has the right to suspend fulfilment of its obligations for that period.
11.2 If fulfilment of an obligation under the agreement is permanently impossible for one of the parties due to a cause that cannot be attributed to it, then this party is entitled to dissolve the agreement against payment to the other party of the reasonable costs incurred.
Article 12: Retention of title
After delivery, the entrepreneur remains the owner of the products that have been delivered as long as the consumer:
- has not fulfilled its obligations under any agreement with the entrepreneur;
- has not settled any claims arising from non-fulfilment of the aforementioned agreements, such as damage, penalty, interest and costs.
Article 13: Compliance of the product with the agreement and guarantee
13.1 The entrepreneur is obliged to deliver a product that complies with the provisions set out in the agreement. The product should also:
- a. be fit for the purposes for which products of the same type are normally used;
- b. if applicable: correspond to a sample or model made available to the consumer by the entrepreneur before purchase;
- c. be delivered with such accessories as the consumer may reasonably expect, and
- d. be of the quantity and possess the features that are normal for the same type of products and that the consumer can reasonably expect given the nature of the product;
unless the parties have validly agreed that the product deviates from the requirements set
out in points a to d above.
13.2 If a deviation from what has been agreed reveals itself within one year of delivery, it shall be suspected that the product did not comply with the agreement upon delivery. In that case, the entrepreneur will remedy the defect free of charge, unless the entrepreneur can demonstrate that the product did comply with the agreement at the time of the agreement. The foregoing does not affect the fact that the entrepreneur can also remain liable for any defects in the product after the aforementioned periods on the basis of the law.
13.3 The guarantee referred to in paragraph 2 shall lapse if:
- the defects are the result of normal wear and tear;
- the defects have been caused by an error, improper use or omission on the part of the consumer or his or her legal successor, or there is an external cause;
- the defects are the result of lack of maintenance or maintenance carried out incorrectly;
- the defects are the result of installation, assembly, modification or repairs
- carried out by the consumer or third parties.
Article 14: Obligation to complain
The consumer no longer has the right to invoke a defective performance if it has not complained to the entrepreneur in writing or by electronic means, within a reasonable period after he or she discovered the defect. A notification made within two months of discovery is in any case timely.
Article 15: Suspension
If the consumer does not fulfil its payment obligations, the entrepreneur is entitled to suspend a proportional part of its corresponding obligations. The entrepreneur may only do so if the entrepreneur has requested the consumer in writing or electronically to nevertheless fulfil its obligations. The provisions set out in the previous sentence do not detract from the entrepreneur’s right to compensation for costs, damages and interest.
Article 16: Late payment
16.1 Unless otherwise agreed, payment should be made immediately during the purchase process. The order is placed as soon as the payment is completed.
Article 17: Applicable law and competent court
17.1 Dutch law applies.
17.2 The consumer may bring proceedings against the entrepreneur either in the courts of the Netherlands or in the courts of the place where the consumer is domiciled. The entrepreneur may bring proceedings against a consumer only in the courts of the country in which the consumer is domiciled.
With the exception of article 17.2, these Terms and Conditions constitute a comprehensive translation of the Dutch version of the General Terms and Conditions for Online Shops 2022 of (Aldowa B.V.) in (Rotterdam). With the exclusion of article 17.2, the Dutch version will prevail in the explanation and interpretation of this text.