Terms of Decoration bv established in Clinge Netherlands.
Version valid from 01-01-2025
Article 1. General
1.1 Under Decoration bv in these terms of sale mean: Decoration bv, Molenstraat 55, 4567 BB Clinge.
1.2 These conditions are part of all offers and agreements with Decoration bv, insofar as not expressly agreed otherwise in writing.
1.3 Bearing in mind the provisions of Article 6.4, these conditions also apply if Decoration bv, for the implementation of all agreements, needs to switch parties.
1.4 Unless otherwise agreed, the general or specific conditions or stipulations of third parties are not recognized by Decoration bv.
1.5 In the event that the Conditions and an agreement contain conflicting clauses, the Agreement shall prevail.
1.6 If any part of the Terms is invalid or unenforceable, the remaining provisions remain in full force and effect, and the parties shall use their best efforts, in mutual consultation, to establish a valid replacement clause reflecting the original intentions of the parties as much as possible.
Article 2. Offers and development agreements
2.1 All offers are without obligation unless expressly stated otherwise by Decoration bv.
2.2 Contracts to supply goods and/or services by Decoration bv are binding only after written confirmation. Actual implementation by Decoration bv or an invoice sent equals written confirmation of the offer.
2.3 If within 8 days, also in writing, the accuracy of the contents of such written confirmation is disputed, the customer is bound to Decoration bv.
2.4 Offers of Decoration bv do not automatically apply to repeat orders.
2.5 Decoration bv cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
2.6 Additions, modifications and/or further agreements are effective only if in writing.
Article 3. Prices / Price Increase
3.1 All prices, unless otherwise indicated, are expressed in euros, including tax (VAT).
3.2 Decoration bv ensures that price increases following the enactment of the law will not take place unless the price increase is the result of laws and/or provisions.
3.3 If the price increase is not the result of laws and/or regulations, the consumer has the right to terminate the distance contract on the date the increase takes effect.
Article 4. Episode
4.1 If goods are in stock, they are shipped immediately after ordering. The shipping costs for sending the ordered goods shall be for Decoration bv. Delivery of ordered goods will be at the address known to Decoration bv (other than temporary addresses) and issued to the individual who is at the delivery address.
4.2 The customer must acknowledge receipt of the products. This is different only if the customer has grounds for refusal under the law.
4.3 If the customer refuses or fails to provide information or instructions necessary for the delivery, the products will be stored at the expense and risk of the customer.
4.4 The duty to deliver by Decoration bv will be presumed met once the goods offered have been delivered to the customer. For home delivery, the carrier’s report (including refusal of acceptance) constitutes full proof of the offer to supply, subject to proof to the contrary.
4.5 In case of refusal of the goods offered, return freight and storage costs and the risk of damage or loss of the rejected goods are the sole responsibility of the buyer unless the buyer is entitled to terminate the purchase or invoke replacement of the goods.
Article 5. Delivery
5.1 A delivery time specified by Decoration bv is never regarded as a deadline. The delivery period only starts after all required data is in the possession of Decoration bv, after which Decoration bv will seek to have delivery take place within 30 days.
5.2 Under the rules of distance selling, Decoration bv (contractor) will process orders expeditiously, but at least within 30 days. If this is not possible (because the ordered product is out of stock or no longer available), or for other reasons of delay, or if an order cannot be implemented or only partially implemented, the consumer (client) will be informed within 1 month after placing the order and in that case has the right to cancel the order without penalty.
Article 6. Right of withdrawal
6.1 Without prejudice to the rights of Decoration bv under the law, Decoration bv is authorized by written statement to the recipient to wholly or partially suspend or terminate the right to damages against the buyer after the conclusion of the agreement if Decoration bv is aware of circumstances that give good reason to fear that the customer does not fulfill his obligations, or if Decoration bv at the conclusion of the agreement requested security for performance and such security remains insufficient (despite a demand), and in case of insolvency of the buyer, a private application for bankruptcy by the customer, receivership, liquidation, or a resolution to that effect for total or partial transfer of the business of the customer or seizure of any part of his wealth.
6.2 If circumstances arise in relation to persons and/or materials used by Decoration bv in implementing the contract (or usually employed), which are such that execution of the contract becomes impossible or problematic and/or disproportionately costly so that compliance cannot reasonably be demanded, Decoration bv is entitled to terminate the agreement.
6.3 The customer has the right, if he is a consumer pursuant to Article 7:5 BW, within a period of 14 days without giving a reason to terminate the contract, unless otherwise stated. This period begins when the ordered goods are delivered. If the customer has not returned the goods delivered to Decoration bv after this period, the purchase is a fact. The customer is obliged, before proceeding to returning it, within the period of 14 working days to report to Decoration bv. The customer must prove that the goods delivered on time (no later than 14 days after delivery) were returned, for example through proof of mail delivery. Return of the goods delivered is the sole responsibility and risk of the customer. Return must be in original packaging (including accessories and documentation) and in new condition. If the goods were used, partially used, mortgaged or otherwise corrupted, the right to terminate under this paragraph is void. Subject to the provisions in the preceding sentence, Decoration bv confirms the termination immediately after receipt and inspection of the returned goods and ensures that within 30 days after reception of the complete return, the full purchase price is repaid to the buyer.
6.4 “Decoration” may exclude the right of withdrawal for consumer services where “Decoration” acts only as an intermediary or agent; the General Conditions of artists, designers, factories and/or pick-up points apply. The exclusion applies only if “Decoration” clearly mentioned this in the offer, at least before the conclusion of the agreement. Exclusion is possible only for products:
a. That by “Decoration” were established in accordance with a specification.
b. Which are clearly personal in nature.
c. Which by their nature cannot be returned.
d. Products of authentic, specially conditioned nature which by change of ambient temperatures or condition are no longer saleable; to do this “Decoration” gives you the ability to first order a sample.
e. Products whose packaging is opened who are specially sealed by “Decoration” or by the factory made.
6.5 For the return or exchange of products one is obliged to go through the page “returns”, so it can be determined exactly which products, order and person the return or exchange concerns.
Article 7. Force Majeure
7.1 Force majeure means, in addition to the provisions in law and jurisprudence, all circumstances beyond Decoration bv’s control that hinder or prevent delivery, including but not limited to strikes at Decoration bv and/or suppliers, interference in the Internet or WAP, interruptions in electricity, failures in e-mail traffic, and disturbances or changes in technology supplied by third parties.
7.2 Force majeure may also be invoked if the circumstance rendering (further) fulfillment impossible occurs after Decoration bv should have performed its obligations.
7.3 If the period of force majeure, during which fulfillment by Decoration bv is not possible, lasts longer than 2 weeks, both parties are entitled to terminate the agreement without any obligation to pay compensation.
7.4 If Decoration bv has already partially fulfilled its obligations when force majeure occurs, Decoration bv is entitled to invoice the part already delivered or to be delivered separately, and the customer is obliged to pay this invoice as if it were a separate contract, provided that the delivered or deliverable part has independent value.
Article 8. Warranty
8.1 Decoration bv offers no extended warranty on goods supplied beyond the warranty (terms) of the manufacturer, without prejudice to the rights of the buyer arising from mandatory legal provisions.
8.2 Decoration bv is never responsible for the ultimate fitness of goods for each individual application by the customer, nor for any opinions regarding the use or application of the goods.
8.3 The customer is obliged to check delivered goods immediately upon receipt. Should the goods be wrong, inadequate or incomplete, the customer must report these defects immediately in writing to Decoration bv before returning. Any defects or faulty goods must be reported in writing within 2 months after delivery. Return must be in original packaging (including accessories and documentation) and in new condition. Operation after detection of failure, damage caused after detection, encumbrance and/or resale after detection renders the right to claim and return void.
8.4 Where complaints are found founded, Decoration bv will, at its option, replace the goods at no charge or agree in writing on compensation measures, with the understanding that the liability of Decoration bv is limited to no more than the invoice amount of the relevant goods, or (at Decoration bv’s option) to the maximum covered by its insurance. Any liability for any other form of damage is excluded, including additional compensation of any kind, compensation for indirect or consequential damages, or damages for lost profits.
8.5 Decoration bv is not liable for damages caused by intent or recklessness of non-managerial staff.
8.6 This warranty does not apply if:
A) and as long as the customer is in default against Decoration bv;
B) the buyer has repaired/processed the delivered goods themselves and/or had third parties repair/edit them;
C) delivered goods have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of Decoration bv and/or the package;
D) defects are wholly or partly the result of government regulations regarding the nature or quality of materials used.
Article 9. Payment
9.1 Unless otherwise agreed, payment must be made by PIN transactions when ordering or at the place of delivery of the products or services. Payment in installments is not possible. Payment must be made without suspension or set-off within 14 days after the invoice date by transferring the amount due.
9.2 After expiry of 14 days after the invoice date, the buyer is legally in default and from that moment an interest of 1% per month is due on the amount, unless the statutory interest is higher, in which case the statutory interest applies; a part of a month counts as a full month.
9.3 In the event of bankruptcy or receivership of the customer, or an application therefore, the claims of Decoration bv and the obligations of the buyer against Decoration bv are immediately due and payable.
9.4 If Decoration bv gives its claim for collection, the customer owes a fixed amount of 15% extra judicial collection costs, with a minimum of 300 euros.
9.5 If Decoration bv can demonstrate it has incurred higher costs which were reasonably necessary, these will also be recoverable.
9.6 The payment methods iDEAL, PayPal, Credit cards and Bancontact of Decoration bv are processed by the payment system Mollie. Mollie processes personal data about you as you use the services of Mollie and/or because you provided this data to Mollie. The following is a summary of the personal information that may be processed, depending on the service you use:
If you as a customer use the services of Mollie, the following personal data:
• Your first and last name;
• Your date of birth;
• Your place of birth;
• Your nationality;
• Your address data;
• Your telephone number;
• Your e-mail address;
• Your IP address;
• Your internet browser and device type;
• Other personal data which you provided, for example by creating a profile on this website, in correspondence and telephone.
If you as a consumer (payer) use the services of Mollie, the following personal data:
• Your payment information (e.g., bank account or credit card number);
• Your IP address;
• Your internet browser and device type;
• In some cases, your first and last name;
• In some cases, your address data;
• In some cases, information about the product or service;
• Other personal data which you provided, for example in correspondence and telephone.
If you are using the website(s) of Mollie, the following personal data may be processed:
• Your location data;
• Information about your activities on the website(s);
• Your IP address;
• Your internet browser and device type.
Article 10. Retention (Title Retention)
10.1 The ownership of all goods sold and delivered by Decoration bv remains with Decoration bv until the customer has satisfied all claims of Decoration bv arising from previous or subsequent agreements (or similar agreements) and as long as the customer has not performed all obligations under such agreements, including claims relating to penalties, interest and costs, all as referred to in Article 3:92 BW.
10.2 Goods delivered under retention of title may only be resold as part of normal business activities and must never be used as payment.
10.3 The customer is not entitled to pledge or otherwise encumber goods falling under retention of title.
10.4 The customer gives unconditional and irrevocable consent to Decoration bv (or a third party appointed by Decoration bv) to enter all sites and locations where its goods are located and to take them back whenever Decoration bv exercises its property rights.
10.5 If third parties seize goods delivered under retention of title or wish to establish or exercise rights on them, the client is obliged to inform Decoration bv as soon as reasonably possible.
10.6 The customer undertakes to insure and keep insured the goods to be delivered against fire, explosion and water damage and theft, and to provide the policy of this insurance on first request to Decoration bv.
Article 11. Privacy
11.1 Decoration bv respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. This information is not sold, shared or rented to third parties other than as disclosed in this statement.
11.2 Information that can identify an online visitor is supplied voluntarily by the visitor. This information may be used by Decoration bv (and all its subsidiaries and brands) to make visits to our sites as easy and enjoyable as possible. In addition, this information may be used for analysis and providing information on Decoration bv products. The customer gives explicit permission. Decoration bv is entitled to disclose information about a visitor in special cases when there is reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may intentionally or unintentionally infringe the rights or property of Decoration bv, other site users, or others who may suffer damage. Decoration bv may disclose user information when it believes in good faith that the law requires it.
11.3 Decoration bv collects non-personal information about online visitors, such as the total number of visitors to the website and the type of internet browser and operating system. Personal information may be removed at the request of the online visitor insofar as this does not require disproportionate effort or expense for Decoration bv.
Article 12. Intellectual Property Rights
12.1 Unless expressly agreed otherwise in writing, the complete copyright and all other intellectual and industrial property rights related to goods delivered or services provided by Decoration bv, such as brand, design rights, patent rights, sui generis database rights, etc., belong exclusively to Decoration bv and/or its suppliers.
12.2 The parties undertake to take sufficient measures to preserve confidentiality with respect to each other’s confidential data obtained in executing the agreement.
Article 13. Applicable law
All offers and agreements of Decoration bv are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
Article 14. Disputes
14.1 The customer can call for questions and/or complaints to Decoration bv’s helpdesk on the number 00.31.0114.313092 available Monday to Friday from 8:30–17:30. Complaints are usually dealt with within 30 days. If this is not possible for any reason, the customer is informed of the duration of the delay.
14.2 The customer is given the opportunity to submit the dispute to an independent Appeal Board. This may be the Home Shopping disputes Committee or another equivalent disputes Committee, without prejudice to the right of the buyer to submit the dispute to a competent court.
Article 15. Sale and delivery outside the European Community
15.1 Products and/or services sold to customers outside Europe are priced excluding VAT. The customer concerned has the obligation to pay the VAT due and/or import duties in their own country, for which Decoration bv takes no responsibility.
Article 16. Typos or errors in the web shop Decoration.
16.1 The information on our website Decoration is composed and maintained with great care. In spite of our care, you may find typos or errors in the web shop Decoration. For such errors, Decoration accepts no liability. All information on our website Decoration is therefore subject to printing and typing errors. Products, dimensions and sizes are always subject to change.