Terms and conditions

Terms and conditions Tuinhuisgoedkoper.nl

1. Scope of these terms and conditions
   All quotations from, orders with, and contracts with deliveries by Tuinhuisgoedkoper.nl;
   Bear Wood BV, with its registered office at 9255 Buggenhout, Patersstraat 10, +32 52 52 30 59 or +32 451 03 99 60, registered with the RPR Ghent, div. Dendermonde under company number 0700.651.883 ([email protected] – www.tuinhuisgoedkoper.nl), hereinafter referred to as “Tuinhuisgoedkoper.nl”, are governed in relation to the other party, hereinafter referred to as “the customer”, exclusively by these terms and conditions.
   A departure from any one provision of these terms and conditions does not affect the other provisions, which continue to apply in full.
   A departure from these terms and conditions applies to a single order or commission only.
   These terms and conditions take precedence over any terms and conditions of the customer.
   The unenforceability and/or invalidity of one or more provisions (or parts of provisions) of these terms and conditions does not affect the validity and enforceability of the remaining provisions (or parts of them). Any provision that has no effect is replaced by a valid provision corresponding as closely as possible to the presumed intention of the parties.
2. Quotation, contract and prices
   Quotations from Tuinhuisgoedkoper.nl are valid for 30 calendar days from the date stated on the quotation.
   Both at the start of the contract and during its term, the customer promptly provides all information required for optimal performance of the contract, together with the necessary measurements. The price stated by Tuinhuisgoedkoper.nl is based on the data supplied by the customer and is therefore only an estimate based on the available information or on assumed quantities.
   All orders and commissions are accepted subject to sufficient stock and production capacity at Tuinhuisgoedkoper.nl’s suppliers.
   All supplies of work and/or products not expressly provided for in the quotation and/or contract are treated as additional work and/or additional orders requested by the customer and are invoiced to the customer accordingly. Unless the customer objects in writing within 72 hours of performance and/or delivery, work and/or products not mentioned in the contract are irrefutably treated as additional work and/or additional orders.
   Discounts apply to a single order or commission only.
   All prices are in euros including VAT; packaging and delivery in the Netherlands are free.
   All current and future taxes and other costs, levies and/or charges of any kind, for example VAT, are borne by the customer.
   Obvious errors or mistakes in the offer are not binding on Tuinhuisgoedkoper.nl.
   Tuinhuisgoedkoper.nl may also require an advance payment of 30 % of the total price of each order or commission.
   Until that advance payment has been made, the customer cannot claim any delivery or service from Tuinhuisgoedkoper.nl.
   The customer cannot derive any rights from images used by Tuinhuisgoedkoper.nl; these are included for illustration only.
   The agreed price covers only the value of the goods, excluding transport, installation, technical support and any other costs.
3. Delivery, performance and deadlines
   Stated dates and delivery periods are given for information only; exceeding them can in no case lead to termination of the contract or to damages payable by Tuinhuisgoedkoper.nl, nor does it entitle the customer to suspend their payment obligations. Tuinhuisgoedkoper.nl spant zich evenwel in om de opgegeven data en leveringstermijnen te respecteren. If Tuinhuisgoedkoper.nl has not met its obligation to deliver the goods at the time agreed with the consumer, the consumer shall request it, by registered letter, to deliver within an additional period of at least 30 days, unless a longer period is appropriate in the circumstances. All deliveries are deemed to take place at Tuinhuisgoedkoper.nl’s warehouses, and risk passes the moment the goods leave those warehouses. Shipment of the goods is always at the customer’s risk and expense.
   The customer must ensure that the work can start immediately at the agreed time. Failing that, the direct and indirect costs arising from the lost time are charged to the customer, without prior notice of default. Tuinhuisgoedkoper.nl may make partial deliveries and/or invoice its deliveries and services in instalments
   aanrekenen. The customer must accept and pay for these partial deliveries before Tuinhuisgoedkoper.nl proceeds with any further delivery or service. Tuinhuisgoedkoper.nl has the right to have the order, or part of it, carried out by a third party at its own discretion.
   If, because of force majeure and/or an external cause, whether or not foreseeable at the date the contract was concluded, performance of Tuinhuisgoedkoper.nl’s obligation becomes impossible or considerably more onerous, Tuinhuisgoedkoper.nl can in no circumstances be required to perform, nor held liable. In the event of force majeure and/or an external cause, the parties have the right to terminate the contract without being liable for damages.
   Force majeure applies only to the future. Advance payments made to Tuinhuisgoedkoper.nl or charged by Tuinhuisgoedkoper.nl are deemed to be definitively acquired as a lump sum for the performance and/or delivery up to that point, without prejudice to the right of Tuinhuisgoedkoper.nl to charge for any additional goods delivered and/or work performed if this amounts to more. Force majeure and/or an extraneous cause is understood to include, by way of example (non-exhaustive): strike, lock-out, riot, terrorism, epidemic, illness, fire, flooding, government measures in general, late delivery by the supplier, a strike at the supplier, bankruptcy of the supplier, shortage of labour, shortage of fuel, destruction of machinery, weather conditions, etc.
4. Liability of Tuinhuisgoedkoper.nl
   Tuinhuisgoedkoper.nl can in no way be held liable for damage or consequential damage suffered by the customer if this results from, or is partly caused by, the customer itself, such as (non-exhaustive): incorrect or incomplete information, delay as a result of acts or omissions of the customer, failure to observe the duty to mitigate loss, carrying out (or having carried out) work on the goods delivered and/or installed, a structural defect, the age of and/or a lack of maintenance of the property on or in which the goods are to be installed, etc. The customer is obliged to compensate Tuinhuisgoedkoper.nl for any damage it may suffer as a result of the condition of the property and to indemnify it against derden.
   The customer undertakes to insure any damage to third parties that may arise during performance of the agreement and to provide for a waiver of recourse in favour of Tuinhuisgoedkoper.nl. The customer cannot call on Tuinhuisgoedkoper.nl for any indemnity in respect of claims by third parties for payment of damages.
   On pain of forfeiture of rights, any objection relating to damage must be notified by the customer to Tuinhuisgoedkoper.nl in writing and in detail within 5 calendar days of its discovery.
   Any compensation for which Tuinhuisgoedkoper.nl may be liable under this agreement is limited to direct and foreseeable damage and is in any event capped at the amount owed by the customer to Tuinhuisgoedkoper.nl in respect of the obligations already performed by Tuinhuisgoedkoper.nl. The customer cannot invoke any right of retention or lien against Tuinhuisgoedkoper.be.
5. Transfer of ownership, risk and liability of the customer
   All goods and works remain the property of Tuinhuisgoedkoper.nl until the invoices have been paid in full, in principal and ancillary amounts. This applies equally if the goods or works of Tuinhuisgoedkoper.nl form only a part (accessory) of a larger whole (principal item) which, or parts of which, do not belong to Tuinhuisgoedkoper.nl.
   The risk nevertheless passes to the customer upon delivery of the goods. As soon as Tuinhuisgoedkoper.nl has carried out (part of) a work or delivered (part of) the goods, the customer is
   responsible for any damage caused to the goods erected or delivered.
   De klant is t.a.v. liable towards Tuinhuisgoedkoper.nl for every damaging event occurring on the site to the goods, its staff or its subcontractors and their materials and equipment, whether as a result of its own fault (however slight), the fault of persons for whom it is responsible, or the fault of third parties whom it has admitted to or tolerated at the place of the works. The customer shall fully indemnify Tuinhuisgoedkoper.nl against claims by third parties.
6. Acceptance of the works, defects, warranty
   The customer must inspect the goods immediately after receipt and/or installation for any visible defects and for conformity with the order placed. Visible defects and non-conforming deliveries must be notified to Tuinhuisgoedkoper.nl in writing within 5 calendar days at the latest, with the customer describing the defects in detail, failing which they are irrevocably accepted and deemed to conform to the order respectively. Any claim based on visible defects must, on pain of forfeiture, be brought within 3 months of delivery or completion.
   On pain of forfeiture, the customer has 2 months from its discovery to report a hidden defect to Tuinhuisgoedkoper.nl in writing, describing the defects in detail, and must bring any legal action for hidden defects within 1 year of the day on which it established the defect and at the latest within 2 years of the conclusion of the agreement.
   The customer can only benefit from the manufacturer’s warranty on the goods on production of a valid
   invoice and/or warranty card.
   Without prejudice to the other parts of this article, after delivery Tuinhuisgoedkoper.nl can only be held to the warranties required of it by mandatory statutory provisions.
   Any use or consumption of a delivery, even in part, constitutes acceptance of the entire consignment.
7. Payment, set-off
   The (invoices for) goods and/or installation must be paid at the registered office of Tuinhuisgoedkoper.nl within 30 calendar days of the invoice date, unless stated otherwise.
   If the customer does not agree with an invoice, it must dispute the invoice in writing and with reasons within 15 calendar days of the invoice date, on pain of forfeiture of rights. The date on the invoice is presumed to be the date of dispatch. Payment of the invoice without dispute always constitutes sufficient proof of the works and/or goods delivered and implies unconditional acceptance of those works and/or goods.
   Late payments bear interest at 8 % per annum from their due date, by operation of law and without notice of default. In the event of late payment the customer also owes fixed compensation of 10 % of the agreed price, with a minimum of 250,00 EUR; this penalty clause does not cover the costs of the collection itself. If the customer is a consumer, it is entitled to the same compensation and interest as provided in favour of Tuinhuisgoedkoper.nl in the event of the latter’s non-performance.
   As soon as and for as long as all amounts owed to Tuinhuisgoedkoper.nl – of whatever nature and on whatever ground, even if they form part of another agreement – have not been paid by the customer in full and on time (principal, interest, penalty clause and any legal costs):
   1° Tuinhuisgoedkoper.nl has the right, without prior notice, to suspend all other services and deliveries towards de klant op te schorten. Tuinhuisgoedkoper.nl is not liable for any damage arising from the suspension of its activities;
   2° set-off takes place by operation of law between established and due amounts that the parties owe each other, up to the amount of the smaller sum. Set-off by the customer is, however, excluded, unless the customer is a consumer.
   Under no circumstances may the customer invoke losses, damage or any delays in order to suspend, in whole or in part, the payments it owes to Tuinhuisgoedkoper.nl.
8. Termination
   A customer who unilaterally terminates the agreement owes, in addition to payment for any services already provided and costs incurred, fixed termination compensation of 30 % of the price of the order, delivery and/or installation or, if partial deliveries have already taken place, of the balance not yet performed, all with a minimum of 500,00 EUR.
   The same arrangement applies if the agreement has to be dissolved due to the customer. Dissolution takes place by notification if a serious non-performance is not followed by proper performance within 15 calendar days of a notice of default. If the customer is a consumer, it is entitled to the same compensation on dissolution attributable to Tuinhuisgoedkoper.nl, without prejudice to its obligation to pay for the services already provided and costs incurred.
9. Consumer’s right of withdrawal
   The provisions of this article apply only to a customer who, in its capacity as a consumer, concludes an agreement without the simultaneous physical presence of Tuinhuisgoedkoper.nl and the customer.
   Except in the cases excluded by law, the customer has the right to withdraw from the agreement within 14 calendar days of its conclusion, without giving a reason and without payment of a penalty. If the period expires on a Saturday, Sunday or public holiday, it is extended to the following working day.
   The customer may exercise the right of withdrawal by informing Tuinhuisgoedkoper.nl in writing of its decision to withdraw from the agreement. The customer must send this statement to the place of business of Tuinhuisgoedkoper.nl and may use the model withdrawal form for this purpose, which was provided to the customer by Tuinhuisgoedkoper.nl together with these terms and conditions. Use of this model form is not mandatory.
   The right of return no longer applies once the goods ordered have been damaged in any way.
   The customer bears the cost of returning the goods in the event of withdrawal; the initial shipping costs also remain at the customer’s expense.
   If the customer has expressly requested that the works begin during the withdrawal period, the customer bears the cost of the works carried out during that period.
10. Evidence
    a) “In writing” for the purposes of these terms has the meaning given in Article 8.1, 1° of the Civil Code.
    b) Failure to respond within 5 calendar days to a written document sent by Tuinhuisgoedkoper.nl or to other communication is deemed to constitute qualified silence, with the result that the customer definitively accepts the content of that message.
11. Personal data
    Tuinhuisgoedkoper.nl processes the customer’s personal data. For more information about the processing of this data, Tuinhuisgoedkoper.nl refers to its privacy policy, which can be found on its website.
12. Applicable law and competent court
    The contract between the customer and Tuinhuisgoedkoper.nl is governed by Belgian law.
    The obligations under this agreement are deemed to have arisen at the registered office of Tuinhuisgoedkoper.nl.
    Any dispute between the customer and Tuinhuisgoedkoper.nl falls within the exclusive jurisdiction of the courts of the place of the registered office of Tuinhuisgoedkoper.nl.

Annex: withdrawal form
(only complete and return this form if you wish to withdraw from the contract)

To: Tuinhuisgoedkoper.nl
Patersstraat 10
9255 BUGGENHOUT
[email protected]

+32 52 52 30 59

+32 451 03 99 60

I / We () hereby give notice () that I / we () our contract for the sale of the following goods / the supply of the following service () withdraw (*):
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Ordered on ()/received on (): …………………………………………………………………………………………………………..

Name(s) of consumer(s): ……………………………………………………………………………………………………………..

Address of consumer(s):
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Signature of consumer(s) (only if this form is submitted on paper):

Date: ………………………………………………………………………………………………………………………………………………
(*) Delete as appropriate.