Terms of delivery

Schoorsteenkappensite.nl established and with registered office at 2622 CG Delft, at Rabatstraat 4; hereinafter referred to as: Schoorsteenkappensite.nl

Article 1. Definitions. In these general terms and conditions, the following terms shall have the following meanings: Schoorsteenkappensite.nl;
'The consumer': A counterparty who is a natural person and does not act in the exercise of a business or profession, or a client who acts in the exercise of a business or profession, in his capacity as end user of the delivered goods;
'consumer purchase': the purchase with regard to a movable property, which is concluded by a seller who acts in the exercise of a profession or business, and a buyer, natural person, who does not act in the exercise of a profession or business.

Article 2. Applicability of these conditions
1. These conditions apply to every offer and every agreement between Schoorsteenkappensite.nl and a consumer to which Schoorsteenkappensite.nl has declared these conditions applicable, insofar as the parties have not expressly and in writing deviated from these conditions.
2. These conditions also apply to agreements with Schoorsteenkappensite.nl, for the execution of which third parties must be involved.

Article 3. Quotations / Order confirmations
1. All quotations issued by Schoorsteenkappensite.nl are honored for a period of up to 30 days.
2. Schoorsteenkappensite.nl cannot be held to its quotation or order confirmation if the consumer should have understood that the quotation or order confirmation or a part thereof contains an obvious mistake or error.
3. Schoorsteenkappensite.nl is only bound to its quotation if the acceptance thereof is confirmed in writing by the consumer within 30 days. The prices stated in a quotation or order confirmation are exclusive of VAT, unless otherwise stated. Please note: The prices in the webshop are stated including VAT.

Article 4. Delivery
1. Unless otherwise agreed, delivery will take place ex works of Schoorsteenkappensite.nl in Delft.
2. The consumer is obliged to take delivery of the purchased items at the time they are delivered to him or at the time they are made available to him in accordance with the agreement.
3. If the consumer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the items will be stored at the consumer's risk. In that case, the consumer will owe all additional costs, including in any case storage costs.
4. Delivery of purchases will take place at the applicable rate.
5. The items delivered by Schoorsteenkappensite.nl may, unless expressly stated otherwise in the order confirmation, have a deviation in the dimensions and/or colour of a maximum of plus or minus two percent of the information stated in the webshop. A deviation from the delivered goods, within the stated deviation tolerances, does not entitle the consumer to not accept the purchased goods, nor to claim any form of compensation or replacement of the delivered goods in any other way.

Article 5. Delivery time
1. The delivery times stated by Schoorsteenkappensite.nl are approximate and are not fatal terms, but will never exceed the final delivery time by more than two weeks, except in the case of force majeure.
2. In the event of late delivery, the consumer must give Schoorsteenkappensite.nl written notice of default and grant Schoorsteenkappensite.nl a reasonable period to still fulfil its obligations.

Article 6. Warranty
1. Schoorsteenkappensite.nl guarantees that the items sold by it are free from material, design and manufacturing defects for a period as stated in the webshop, order confirmation, delivery documents, or the invoice relating to the delivered items, or at least for a period guaranteed by the manufacturer of that article or part of the product delivered by Schoorsteenkappensite.nl.
2. If the warranty referred to in paragraph 1 applies and the delivered items show a defect within the warranty period, Schoorsteenkappensite.nl is obliged to repair the items within 30 days after the consumer has reported the defect to it in writing and has returned the delivered items properly packaged and with sufficient postage, or to return the purchase amount in full or in part in consultation, or to make another choice from the webshop in consultation with a possible additional or refund. In such a case, Schoorsteenkappensite.nl will charge the shipping costs applicable at that time. In such a case, Schoorsteenkappensite.nl is free to charge the then applicable handling and administration costs.
3. The consumer can only demand replacement of the goods or termination of the purchase agreement if during the warranty period:
- Schoorsteenkappensite.nl has made three unsuccessful attempts to repair the same defect and this defect is serious enough to justify replacement or dissolution;
- The consumer demonstrates that the goods show or have shown so many defects that they do not comply with the agreement and that these defects justify replacement or dissolution;
4. The warranty expires if the consumer causes damage due to incorrect handling or incorrect use of a guaranteed item.
5. The warranty only commences at the moment after full and complete payment has been made in accordance with the (digital) invoice from Schoorsteenkappensite.nl.

Article 7. Retention of title
1. All goods delivered by Schoorsteenkappensite.nl remain the property of Schoorsteenkappensite.nl until the consumer has fulfilled all subsequent obligations from all purchase agreements concluded with Schoorsteenkappensite.nl.
2. Items delivered by Schoorsteenkappensite.nl that fall under the retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment.
3. The consumer is not authorised to pledge the items falling under the retention of title or to encumber them in any other way.
4. The consumer hereby gives unconditional and irrevocable permission to Schoorsteenkappensite.nl or to a third party to be designated by it to enter all places where the property of Schoorsteenkappensite.nl is located and to take those items with them in all cases in which Schoorsteenkappensite.nl wishes to exercise its ownership rights.
5. If third parties seize the items delivered under retention of title or wish to establish or assert rights thereto, the consumer is obliged to inform Schoorsteenkappensite.nl thereof as soon as may reasonably be expected. 6. The consumer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection upon first request.

Article 8. Defects; complaint periods
1. The consumer must (have) the purchased goods inspected upon delivery - or as soon as possible thereafter. In doing so, the consumer must check whether the delivered item complies with the agreement, namely:
- whether the correct item has been delivered;
- whether the delivered item meets the agreed quality requirements or - if these are lacking - the requirements that may be set for normal use.
2. If a visible defect or shortcoming is found, the consumer must report this in writing to Schoorsteenkappensite.nl within 3 days of delivery. 3. The consumer must report any non-visible defects in writing to Schoorsteenkappensite.nl within 1 day of discovery, but no later than 12 months (claiming the standard warranty period) after delivery

Article 9. Payment
1. Unless otherwise agreed, payment must be made net according to the available methods offered in the webshop.
2. If Schoorsteenkappensite.nl deems it necessary, Schoorsteenkappensite.nl may request a down payment from the consumer of 25% of the total amount due for the order.
3. In the event of bankruptcy or suspension of payment of the consumer, the claims of Schoorsteenkappensite.nl and the obligations of the consumer are immediately due and payable.

Article 10. Collection costs
1. If the consumer is in default or in breach of one or more of his obligations, all reasonable costs for obtaining satisfaction out of court will be borne by the consumer. In any case, in the event of a monetary claim, the consumer owes:
- 15% on the first € 2750
- 10% on the excess up to € 5500
- 8% on the excess up to € 14,000
- 5% on the excess up to € 55,000
- 3% on the excess
2. If Schoorsteenkappensite.nl demonstrates that it has incurred higher costs, which were reasonably necessary, these will also be eligible for compensation.

Article 11. Liability
1. The liability of Schoorsteenkappensite.nl is limited to the delivery of the relevant item or refund of the purchase price.

Article 12. Force Majeure
1. In these terms of delivery, force majeure is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, over which Schoorsteenkappensite.nl has no influence, but which prevent Schoorsteenkappensite.nl from fulfilling its obligations, including strikes at Schoorsteenkappensite.nl.
2. Schoorsteenkappensite.nl also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Schoorsteenkappensite.nl should have fulfilled its obligation.
3. During force majeure, the delivery and other obligations of Schoorsteenkappensite.nl will be suspended. If the period in which fulfilment of the obligations by Schoorsteenkappensite.nl is not possible due to force majeure lasts longer than 8 weeks, both parties are entitled to terminate the agreement, without any obligation to pay damages in that case.
4. If Schoorsteenkappensite.nl has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfil its obligations, it is entitled to invoice the already delivered or deliverable part separately and the consumer is obliged to pay this invoice as if it were a separate contract.

Article 13. Dispute resolution
The court in the place of residence of Schoorsteenkappensite.nl has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, Schoorsteenkappensite.nl remains authorized to summon the consumer before the competent court according to the law or treaty.

Article 14. Applicable law
Dutch law applies to every agreement between Schoorsteenkappensite.nl and the consumer. The Vienna Sales Convention is expressly excluded.

Article 15. Amendment and location of the terms of delivery
These terms of delivery can be requested for inspection at Schoorsteenkappensite.nl
The most recently filed or published version in the webshop or the version that applied at the time the transaction in question was concluded always applies.

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