Terms of Service
|Article 1||- Definitions|
|Article 2||- The Entrepreneur’s identity|
|Article 3||- Applicability|
|Article 4||- The offer|
|Article 5||- The agreement|
|Article 6||- Exclusion of the right of withdrawal|
|Article 7||- The price|
|Article 8||- Compliance and extra guaranty|
|Article 9||- Delivery and execution|
|Article 10||- Payment|
|Article 11||- Complaints procedure|
|Article 12||- Disputes|
|Article 13||- Additional or varying provisions|
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Reflection period: the period during which the Consumer may use his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Day: calendar day;
- Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
- Entrepreneur: the natural of legal person who provides products and or services to Consumers at a distance;;
- Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
- Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
Article 2 – The Entrepreneur’s identity
|Name of the entrepreneur:||Xquise™|
|C of C-#:||65725395|
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract or contract concluded by the Entrepreneur and the Consumer.
- Before concluding a distance contract or contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
- If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract.
- In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
- Entrepreneur has the right to change and make adjustments to the offer.
- All images, specifications of details in the offer are indicative and cannot lead to a compensation or annulment of the contract. Images of products are a true representation of the offered products.
- The Entrepreneur cannot guarantee that the presented colours are an exact similarity to the true colours of products.
Article 5 – The contract
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
- Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
- The visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact with any complaints;
- The conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
- The information corresponding to existing after-sales services and guarantees;
- The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract.
- Any contract is concluded under the adjourned condition of availability of the concerned products.
Article 6 - Exclusion of the right of withdrawal
- All products from Xquise™ are excluded from the right of withdrawal. The Entrepreneur can exclude products from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement. This concerns, amongst other things, products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person.
Article 7 - The price
- The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
- All prices indicated in the provision of products or services are including VAT.
- All prices are with a reserve to misprints, erratum and printer’s errors.
- No liability is accepted for any consequences of misprints, erratum and printer’s errors.
- In case of misprints, erratum and printer’s errors, the Entrepreneur cannot be held to deliver the product at the erroneous price.
Article 8 – Performance of an agreement and extra Guaranty
- The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
- An extra guaranty offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.
- Extra guaranty is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
- The Entrepreneur has a one-year warranty on all products. Differences in temperature and humidity can cause wood to enlarge, shrink or warp. This may cause chinks and fissures. The Entrepreneur will do everything in its power to prevent this from happening during production. Might this occur after production within the first year, the Entrepreneur will repair this in fairness and free of cost. After one year, chances are nought this will occur. Might it still happen, the Entrepreneur will look for a proper solution.
- Any possible defect or wrongly delivered products shall be reported to the Entrepreneur within 4 weeks after delivery.
- Returning products shall be sent in the original packaging and in brand-new state.
- The Entrepreneur is never responsible for the suitability of products for every individual use for the Consumer nor for any advice for the use of the product.
- The guaranty is not valid when:
- The Consumer has repaired and/or adapted the product himself or by any third party;
- When the delivered product has been exposed to abnormal conditions or in any other way handled without care or has been handled contrary to the advice of the Entrepreneur and/or advice on the packaging;
- When the fault is the result, either wholly or partially, of any government regulation regarding the character or quality of the used materials.
- Customer satisfaction is of the utmost importance for the Entrepreneur. That’s why the Entrepreneur will always look for a proper solution.
Article 9 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the Entrepreneur.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
- The Entrepreneur strives to deliver your product to your home within three to six weeks after ordering.
- The order will be confirmed within one week. A week before delivery, the Entrepreneur will contact you to make an appointment for delivery. This appointment will be confirmed to you via email.
- If your order can’t be made, you will receive notice latest 30 days after ordering. You then have the right to cancel the order without any costs. You have no right to any compensation.
- After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
- The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
- All delivery periods are indicative. Any mentioned delivery period gives the Consumer no claim to any rights. Exceeding a delivery period does not give any right to compensation.
- If one or more products are needed with urgency, please contact us and we will make a proposition.
- Delivery within the Netherlands is free of charge, the Wadden Islands excluded. If you wish to have your products deliver outside of the Netherlands or on the Wadden Islands, please contact us for a quotation.
Article 10 – Payment
- If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
- Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 7 days after concluding the agreement.
- If not otherwise agreed, the remaining amount is to be paid by the Consumer upon delivery latest.
- The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
- In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Consumer.
Article 11 – Complaints procedure
- Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within 7 days after the Consumer discovered the defects.
- The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
- Complaints do not suspend the obligations of the Entrepreneur, unless the Entrepreneur states otherwise in writing.
- In case the Entrepreneur deems a complaint reasonable, the Entrepreneur will either replace the product free of cost or repair it.
Article 12 - Disputes
- Contracts between the Entrepreneur and the Consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
- Dutch law applies on all contracts, even if the Consumer lives outside of the Netherlands.
- The Contracts for the International Sale of Goods (Vienna, 1980) is not applicable.
Article 13 - Additional provisions or derogations
- Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.
- Should one or more articles in these General Condition at any time be nulled or cancelled, the rest of these Conditions and the contract remain in effect and the concerning article will be replaced by a resembling article in mutual agreement. Situations that are not stipulated by these General Conditions should be dealt with in the sense of these conditions. Any lack of clarity about the interpretation or contents of any condition in these General Conditions should be explained in the sense of these General Conditions.