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Terms of Decoration bv established in Clinge Netherlands.
Version valid from 02.09.1927
Article 1. General
1.1 Under Decoration bv in these terms of sale mean Decoration bv Molenstraat 554567 BB Clinge
1.2 These conditions are part of all offers and agreements with Decoration bv in so far as not expressly in writing.
1.3 Bearing in mind the provisions of Article 6.4, these conditions also apply if Decoration bv for implementation of all agreements need 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 would contain conflicting clauses, the Agreement shall prevail.
1.6 If any part of the Terms is invalid or unenforceable, the remaining provisions of the Terms remain in full force and the parties are bound to make efforts in good agreement to establish a replacement clause is valid and thatthe original intentions 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 Decoration bv binding only after written confirmation. Actual implementation by Decoration bv or an invoice sent equals a 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, and the customer are bound Decoration bv.
2.4 Offers of Decoration bv not automatically apply to repeat orders.
2.5 Decoration bv can not beheld to its offer if the customer should have understood that the offer, or apart thereof, an obvious mistake or error.
2.6 Additions, modifications and / or further agreements are effective only ifin writing.
Article 3. Prices / Price Increase
3.1 All prices, unless otherwise indicated, expressed in euros, including tax(VAT).
3.2 Decoration bv ensure that price increases following the enactment of the will not take place unless the price is the result of laws and / or provisions.
3.3 If the price is not the result of laws and / or regulations, the consumer has the right to change the distance contract to terminate the date the increase takes effect.
Article 4. Episode
4.1 If goods are in stock are shipped immediately after ordering. To send ordered goods shall Decoration bv shipping costs. The delivery of ordered goods will be at the Decoration bv known address, other than temporary, and issued to the individual who is on the delivery address.
4.2 The customer must acknowledge receipt of the product draw. 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 saved the expense and risk of the customer.
4.4 duty to deliver Decoration bv will be presumed, be met by Decoration bv once delivered to the customer once offered. For home delivery extends the report of the carrier, which includes the refusal of acceptance, the full proof of the offer to supply, subject to proof.
4.5 In case of refusal of the goods offered will return freight and storage costs and the risk of damage or loss of the rejected cases the sole responsibility of the buyer unless the buyer was entitled to the right to terminate the purchase or replacement of the case invoke.
Article 5. Delivery
5.1 A by Decoration bv specified delivery time is never regarded as a deadline.The delivery period only starts after all required data in the possession of Decoration bv, after which Decoration bv will seek, within 30 days delivery to take place.
5.2 Under the rules of distance selling will Decoration bv (contractor) orders expeditiously, but at least within 30 days. If this is not possible (because the ordered out of stock or no longer available), or for other reasons, delay,or an order can not or only partially implemented, will receive the consumer(client) within 1 month after placing the order and in that case he has the right order and notice to cancel without penalty.
Article 6. right of withdrawal
6.1 Without prejudice to the rights of Decoration bv under the law Decoration bv authorized by a written statement to the recipient the agreement wholly or partially suspend or terminate the right to damages against the buyer after the conclusion of the agreement Decoration bv aware of circumstances that Decoration bv good reason to fear that the customer does not ful fill his obligations or if Decoration bv at the conclusion of the agreement to provide security for the performance and security remains in or inadequate (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 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 Decoration bv in implementing the contract or are usually employed, which are such that the execution of the contract impossible or problematic and / or disproportionately costly that compliance cannot reasonably be demanded, Decoration bv entitled to terminate the agreement.
6.3 The customer has the right to have goods delivered under an order from Decoration bv if there 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. This period begins when the ordered goods are delivered. If the customer after this period the goods delivered to Decoration bv has not returned, 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 a proof of mail delivery. The return of the goods delivered is the sole responsibility and risk of the customer. Return of the goods must be in original packaging (including accessories and documentation) and in new condition. If the goods to the customer were used, partially used, mortgaged or other wise corrupted, the right to terminate under this paragraph. Subject tothe provisions in the preceding sentence, confirms Decoration bv apparent after receipt and inspection of the returned goods to the termination of the sale immediately and ensure that within 30 days after reception of the complete return, the full purchase price to the buyer charge is repaid.
6.4 "Decoration" may exclude the right of withdrawal of the consumer services, where "Decoration" only as an intermediary or agent occurs, will the General conditions of artists, designer,factories and referred to pick up points apply.
The exclusion of the right of withdrawal applies only if "Decoration"this clearly in the offer at least for the conclusion of the agreement,mentioned.
Exclusion of the right of withdrawal 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 not more sal able are, to do this "Decoration" gives you the ability to first order a sample.
e. Products whose packaging is opened who are specially closure 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 exactly can determine over which products, order and person the return or Exchange goes.
Article 7. Force Majeure
7.1 Force majeure means addition to the provisions in the law and jurisprudence, all circumstances beyond Decoration bv's control and the delivery of things hinder or prevent including but not limited to strikes by Decoration bv and / or suppliers interference in the Internet or WAP, interruptions in the electricity failures in e-mail traffic and disturbances or changes in technology supplied by third parties.
7.2 A force majeure may also be done if the circumstance rendering (further)ful fillment occurs when the Decoration bv have performed its obligations.
7.3 If the period of force majeure the obligation by Decoration bv not possible lasts longer than 2 weeks, both parties are entitled to terminate the agreement, without there being any obligation to pay compensation. 7.4 If the force majeure already partially fulfilled its obligations, some or all of its obligations is entitled to the already delivered or the delivery part separately billing and the customer is obligedto pay this invoice as if it were a separate contract. However, this does not already delivered or deliverable part no independent value.
Article 8. Warranty
8.1 Decoration bv offers no extended warranty on goods supplied to the warranty(terms) of the manufacturer of these goods, but without the rights of the buyer arising from mandatory legal provisions to attack.
8.2 Decoration bv is never responsible for the ultimate fitness of things foreach individual application by the customer, nor for any opinions regarding the use or application of the business.
8.3 The customer is obliged to delivered goods immediately upon receipt tocheck. Should the goods delivered wrong, inadequate or incomplete, then the customer (before proceeding to return to Decoration bv these defects immediatelyin writing to Decoration bv. Any defects or faulty goods should and can look up2 Decoration bv months after delivery to be reported in writing. Return of the goods must be in original packaging (including accessories and documentation)and in new condition. Operation after detection of failure, damage caused after detection of failure, encumbrance and / or resale after detection of failure,does the right to claim and return void.
8.4 Where complaints of the customer by Decoration bv founded are found, will Decoration bv at its option or the goods delivered at no charge or the customer a written agreement on compensation measures, with the understanding that theliability of Decoration bv and therefore the amount of the compensation is still limited to no more than the invoice amount of the relevant goods, or (at your option Decoration bv to the maximum in the case concerned the liability of Decoration bv amount covered. Any liability of Decoration bv for any other form of damage is excluded, including any 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 tonon-managerial staff.
8.6 This warranty does not apply if: A) and as long as the customer is indefault against Decoration bv, B) the buyer has parried the delivered goods themselves and / or processed or third parties to reparerenen / or edit. C)delivered to abnormal conditions have been exposed or otherwise careless handling or contrary to the instructions of Decoration bv and / or instructions on the package have been treated, D) were defective in whole or in part the result of regulations that the government has made or will make 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 setoff within 14 days after the invoice date by transferring the amount due.
9.2 After the expiry of 14 days after the invoice date, the buyer is legally in default and from that moment an interest of 1% per month on the amount due,unless the statutory interest is higher in which case the legal interest whicha part of one month for an entire 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 immediately due and payable.
9.4 If Decoration bv its claim for collection is to give the customer a fixed amount of 15% of the extra judicial collection costs, with a minimum of 300 euros.
9.5 If Decoration bv can demonstrate it has incurred higher costs which where asonably 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 by Mollie. Mollie processes personal data about you as you use the services of Mollie and/or because you provided this data itself to Mollie. The following is a summary of the personal information provided by Mollie, depending on the service you use, be processed.
If you as a customer uses 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) uses 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 provided by you was taken at our customer;
• 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 processed;
• Your location data;
• Your information about your activities on the website (s);
• Your IP address;
• Your internet browser and device type.
Article 10. Retention
10.1 The ownership of all Decoration bv sold to the customer and delivered to Decoration bv continues until the customer's claims Decoration bv under the previous or subsequent agreement or similar agreement has not satisfied untilthe customer performed or to performed under these or similar agreements havemet and as long as the buyer's claims Decoration bv due to failure to fulfillsuch commitments are not fulfilled, including claims relating to penalties,interest and costs, all as referred to in Article 3:92 BW.
10.2 The goods delivered by Decoration bv falling under the retention of title may only part of normal business activities and must never be used as payment.
10.3 The customer is not entitled under the title falling to pledge or otherwise encumber.
10.4 The customer gives unconditional and irrevocable consent to by Decoration bv or a third to be appointed, in all cases where Decoration bv its property to exercise, all those sites and locations where its assets arethen located and doing business there to take.
10.5 If third parties seize goods delivered under retention of title or rights to establish or exercise, the client is obliged Decoration bv as soon as reasonably may be expected to know.
10.6 The customer undertakes the property to be delivered to insure and keep insured against fire, explosion and water damage and theft and the policy of this insurance on first request to give 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. Decoration bv This information is not sold, shared orrented to third parties other than as disclosed in this statement.
11.2 Information that can identify an online visitor to the website of Decoration bv can be derived, is supplied voluntarily by the visitor. Information maybe Decoration bv (and all its subsidiaries and brands) are used to decrease thevisits to our sites easy and enjoyable as possible. In addition, this in formation may be used for analysis and providing information on product Decoration bv. The customer gives explicit permission. Decoration bv is entitledto information about a visitor to disclose in special cases when there is reason to believe that disclosing this information is necessary to identify, in contact with one or litigation against someone who may intentionally or not the rights or property of Decoration bv other site users, or others who may suffer damage, harm or causes damage. Decoration bv may disclose user information when we believe in good faith that the law requires.
11.3 Decoration bv collects non-personal information about our online visitors to the total number of visitors to the website and identify the type ofInternet browser and operating system. Personal Information may request thatthe online visitor will be removed as far as Decoration bv require ad is proportionate effort or expense.
Article 12. Intellectual Property Rights
12.1 Unless expressly agreed otherwise in writing, based the complete copyright and all other intellectual and industrial property rights related to Decoration bv delivered or services, such as brand, design rights, patent rights, suigeneris database rights, etc., only to Decoration bv concern and / or its suppliers.
12.2 The parties undertake sufficient measures to preserve confidentiality with respect to each other confidential data with which they implement the agreement such information.
Article 13. Applicable law
All offers and agreements Decoration bv only Dutch law. The applicability of theVienna 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 delay duration.
14.2 The customer is given the opportunity to submit the dispute to an independent Appeal Board. This may have been the home-shopping disputes Committee or another equivalent disputes Committee, without prejudice to the right of the buyer which 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 the Europe are prices excluding VAT, the customer in question has the obligation to pay the VAT due or import duties in their own country where Decoration bv takes no responsibility for.
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 maybe find typos or errors in the web shop * Decoration *. For such errors accepted * Decoration * 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.