General conditions
Contents:
Article 1- Definitions
Article 2- Corporate Identity/Entrepreneur
Article 3- Relevance
Article 4- Offer
Article 5- Agreement
Article 6- Right of Withdrawal
Article 7- Withdrawal Costs
Article 8- Exclusion Right of Withdrawal
Article 9- Pricing
Article 10- Conformity and Guarantees
Article 11- Delivery and Execution
Article 12- Length transactions: duration, termination, and extension
Article 13- Payments
Article 14- Complaints
Article 15- Disputes
Article 16- Additional and Different Provisions
Article 1 – Definitions
In these Conditions/Terms the following definitions are applicable:
Client: the natural person dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
Day: calendar day
A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period.
Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period adequate to the purpose of the information and which allows the unchanged reproduction of the information stored. Right of Withdrawal: the possibility for the client to terminate the distance agreement within the consideration term.
Entrepreneur: the natural person or corporation who offers distance products to clients.
Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of distant Communication: a means that can be used to close an agreement without the client and the entrepreneur have gathered in the same place and at the same time.
Article 2- Corporate Identity/Entrepreneur Company Strijbosch Acrylics Unlimited
Address: Kombuisweg 31
Zip code: 1041 AV
City: Amsterdam, Netherlands
Tel: Tel: +31 (0)20 6654404
E-mail: info@sau.nl
Web: www.sau.nl
Vat number: NL 805429669.B01
CoC number 33279979
Article 3- Relevance
These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and client.
The general conditions/terms can be seen at the entrepreneur and on request of the client these general conditions/terms shall be sent to the client as soon as possible without extra costs.
If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the client in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the client can find the general conditions/terms electronically and that these conditions/terms at the client’s request will be sent electronically or otherwise to the client without extra cost.
Article 4- Offer
If an offer has a limited validity or has other specifications, this will be emphatically mentioned. The offer contains a complete and accurate description of the offered products and services.
The description is sufficiently detailed to enable a proper client’s assessment of the products/services. The images used by the entrepreneur are true representations of the products and services.
Obvious mistakes and errors do not bind the entrepreneur.
Each offer contains such information that it is clear for the client which rights and obligations are related to the offer when it is accepted by the client. All prices exclude VAT (where applicable); possible costs of delivery are given as well ast he way the agreement has been concluded, the necessary signatures, the method of payment, delivery, and performance of the contract,
the deadline for accepting the offer or the period within which the entrepreneur guarantees the price are given.
Article 5- The Agreement
The agreement is finalized, subject to the provisions in paragraph 4, when the client accepts the offer and meets the conditions.
If the client has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the client can pay electronically, the entrepreneur will observe the necessary security measures.
The entrepreneur can notify or check, within the legal framework, if the client can meet the payment obligations, and check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
Article 6- Right of Withdrawal
After official sign-off, it is no longer possible to cancel the order. Products are handmade and customized as per agreed artwork and do not have a commercial value. Any defects or shortages must be reported within 48 hours of delivery.
Article 7- Withdrawal Costs
If the client puts the order on hold, or if the client does not proceed to full order after receipt of a sample, he will have to pay no more than the costs made so far.
If the client has made a payment for more than the cost made so far, the entrepreneur shall pay back the amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
Article 8- Exclusion Right of Withdrawal The entrepreneur can exclude the right of
withdrawal of the client, for all customized product offerings, and whose price is bound to fluctuation on the financial market which the entrepreneur has no influence.
Exclusion of the right of withdrawal is only possible for products that are handmade, offered by entrepreneur, which are established by the entrepreneur according to specifications of the client. Products that are clearly personal in nature cannot be returned because of their nature and lack of commercial value.
Article 9- Pricing
During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market on which the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
The in the offer mentioned prices are excluding VAT where applicable.
Article 10- Conformity and Guarantees
The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the client under the agreement can put forward against the entrepreneur.
Article 11- Delivery and Execution
The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
The address that has been made known by the client to the entrepreneur is considered to be the delivery place.
Considering what is stated in article 4 of the general conditions/terms, the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the client is notified about this no later than 30 days after he placed the order. The entrepreneur may deliver the order quantity with a variance of plus or minus 10 percent.
If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out regarding replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.
The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the client or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within 48 hours. You can send this email to: info@sau.nl
Article 12- Length transactions: duration,
The client can terminate at any time a contract agreement which has been entered for an indefinite period and which extends to regular delivery of products and services respecting the applicable termination rules of a notice of not more than one month.
A contract agreement which has been entered for a definite time and which extends to a regular delivery of products or services may not automatically be extended or renewed for a fixed duration.
If an agreement has a duration period of more than one year, the client may after one year terminate at any time with a notice period of not more than one month unless reasonableness and fairness are opposed against termination before the end of the agreed duration.
Article-13 Payments
Unless otherwise agreed, the amounts due have to be met by client within 14 days after invoice date. When selling products to clients, a prepayment of more than 50% must never be stipulated in the general terms and conditions. When a prepayment has been stipulated the client cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made. The client has the duty to notify the entrepreneur about inaccuracies in the payment details.
In case of default by the client the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the client in advance.
Article 14- Complaints
Any defects or shortages must be reported within 48 hours of delivery, by email to info@sau.nl.
Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the client has observed the defects.
The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the client will receive a more detailed answer.
If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
Article 15- Disputes
Dutch law exclusively applies to agreements between entrepreneur and client whereupon these general conditions/terms are related to.
Article 16- Additional and Different Provisions Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the client and should be recorded in writing in such a manner that the client can save these in an accessible way on a durable medium.