General Terms and Conditions
General Terms and Conditions Edelmeubels
Article 1 – Definitions
In these general terms and conditions, the following definitions apply:
Edelmeubels: Edelmeubels, located at Graveerstift 49, 3328 KL Dordrecht, the Netherlands, registered with the Dutch Chamber of Commerce under number 94584427.
Customer: any natural person or legal entity that enters into an agreement with Edelmeubels, wishes to enter into an agreement, or to whom Edelmeubels makes an offer or delivers products.
Business Customer: the customer acting in the exercise of a profession or business.
Consumer: the customer who is not acting in the exercise of a profession or business.
Custom-made Products: products manufactured according to the Customer’s specifications and not pre-fabricated, including products made based on a shape, size, material, finish or color chosen by the Customer, or products clearly intended for a specific person.
Agreement: any agreement between Edelmeubels and the Customer relating to the delivery of products and/or services.
Article 2 – Applicability
These general terms and conditions apply to all offers, quotations, agreements and deliveries made by Edelmeubels.
Deviations from these terms and conditions are only valid if agreed in writing.
If any provision of these terms and conditions is void or annulled, the remaining provisions will remain in full force and effect.
In the event of a conflict between the Agreement and these general terms and conditions, the Agreement shall prevail.
Article 3 – Offers and quotations
All offers and quotations by Edelmeubels are without obligation, unless expressly stated otherwise.
Obvious mistakes or errors in offers, price quotations, order confirmations or other communications are not binding on Edelmeubels.
Article 4 – Formation of the Agreement
The Agreement is concluded after written confirmation by Edelmeubels or as soon as Edelmeubels has started executing the Agreement.
The Customer is required to check the order confirmation immediately upon receipt and must report any inaccuracies in writing within three days.
Changes to the Agreement are only valid if agreed in writing.
Article 5 – Prices and payment
All prices are stated in euros and include VAT, unless stated otherwise.
For export deliveries or deliveries outside the Netherlands, different VAT rates may apply.
Edelmeubels is entitled to request a deposit, especially for Custom-made Products.
Unless agreed otherwise, the remaining amount must be paid in full prior to delivery.
In case of late payment, the Customer is legally in default and statutory interest will be due. Extrajudicial collection costs will be charged to the Customer in accordance with legal regulations.
Article 6 – Production time and delivery
The production time for Custom-made Products is approximately 8 to 10 weeks, unless agreed otherwise in writing. This timeframe is indicative.
Exceeding the production time does not entitle the Customer to compensation or termination of the Agreement.
Delivery takes place at the address provided by the Customer or according to the agreed delivery method.
Article 7 – Transport and transfer of risk
If transport is arranged by Edelmeubels, the risk of damage or loss transfers at the moment of delivery to the first door or threshold of the delivery address.
If transport is arranged by or on behalf of the Customer, the risk of damage or loss transfers at the moment the products are handed over to the carrier.
Products may be delivered in a transport crate for protection during transport.
Edelmeubels is not liable for damage occurring during transport arranged by or on behalf of the Customer.
Article 8 – Export and VAT
For deliveries outside the European Union, including Curaçao, the delivery qualifies as an export supply. In such case, a VAT rate of 0% applies, provided the legal requirements are met.
If transport is arranged by or on behalf of the Customer, the Customer must provide Edelmeubels in time with a valid export document proving that the goods have left the European Union.
If such proof of export is not provided or not provided in time, Edelmeubels is entitled to charge Dutch VAT after all.
Any import duties, local taxes and additional costs in the destination country are fully at the Customer’s expense.
Article 9 – Cancellation and right of withdrawal
No right of withdrawal applies to Custom-made Products. These products cannot be returned.
If the Customer cancels the Agreement after production has started, Edelmeubels is entitled to charge a reasonable compensation for costs incurred and loss of profit. Unless agreed otherwise, this compensation amounts to 50% of the purchase price.
Article 10 – Warranty and conformity
Edelmeubels warrants that the delivered products comply with the Agreement and meet reasonable standards of quality.
A warranty period of 1 year applies to manufacturing and material defects.
This warranty does not affect the Consumer’s statutory rights under the Dutch Civil Code.
Normal wear and tear, signs of use, damage caused by improper use, maintenance or assembly are not covered by the warranty.
For Custom-made Products, minor deviations in dimensions up to a maximum of 2% are allowed, unless expressly agreed otherwise.
Article 11 – Liability
Edelmeubels is only liable for direct damage resulting from intent or gross negligence.
Liability for indirect damage, including consequential damage, loss of profit or business interruption, is excluded.
For Consumers, statutory liability is not excluded insofar as such exclusion is not permitted under mandatory law.
In all cases, Edelmeubels’ liability is limited to the amount of the Agreement.
Article 12 – Complaints
Complaints regarding delivered products must be submitted in writing within 48 hours after receipt.
Edelmeubels will handle and respond to complaints within a reasonable period of time.
Article 13 – Force majeure
Edelmeubels is not obliged to fulfill any obligation if it is prevented from doing so due to force majeure.
Force majeure means any circumstance beyond the control of Edelmeubels as a result of which fulfillment cannot reasonably be required.
Article 14 – Applicable law and disputes
All Agreements are governed by Dutch law.
Disputes with Business Customers will be submitted to the competent court in the district where Edelmeubels is established.
Consumers may submit a dispute to the court of their place of residence.