ENERAL TERMS AND CONDITIONS WWW.FOAMHOEDEN.NL

1. Applicability

1.1. These general terms and conditions apply to - and form an integral part of - every offer, quotation and agreement that relates to products of any nature whatsoever to be delivered by foamhoeden.nl established in Echt, unless expressly and otherwise agreed in writing.
1.2. In these general terms and conditions, "the customer" means: any (legal) person who orders and/or purchases goods from or via the user.
1.3 It is only possible to deviate from these terms and conditions if the parties have explicitly agreed on this in writing.

2. Establishment and amendment of the agreement
2.1 All offers and quotations made by the user, in whatever form, are without obligation unless the offer includes a term for acceptance. An agreement is only concluded by written (order) confirmation from the user or by actual implementation by the user.
2.2 All indications in offers, quotations or agreements and the appendices thereto, such as images, drawings, measurements, weights, yields and colors and, in addition, the properties of any test copies provided, serve as an indication only. Minor deviations are therefore not at the expense and risk of the user.
2.3 Obvious typing errors or mistakes in the user's offers release it from the obligation to comply and/or any obligations to pay compensation arising therefrom, also after the conclusion of the agreement.

3. Performance of the agreement
3.1 Delivery takes place in accordance with the applicable Incoterm: Ex Works (ex works). If the customer refuses to take delivery at the agreed time, or fails to provide information or instructions necessary for the delivery, the user is entitled to store the products at the expense and risk of the customer.
|3.2 Goods are deemed to have been delivered as soon as the user has notified the customer that the goods, whether or not yet to be fully or partially assembled, are ready at the user or a third party to be collected by the customer or to be collected by order of the customer. to be shipped to the customer. From the moment of delivery, the delivered goods are at the risk of the customer.
3.3 If the parties expressly agree that the user will take care of the transport of the products, both the costs and the risk of loss or damage during transport will be borne by the customer.
3.4 The indication of delivery periods in offers, quotations, agreements or otherwise is always made by the user to the best of its knowledge and these periods will be observed as much as possible, but they are not binding.

4. Prices
4.1 All prices are in euros and are exclusive of turnover tax and other levies imposed by the government. Any special additional costs relating to the import and/or clearance of goods to be delivered by the user to the customer are not included in the price and are therefore for the account of the customer.
4.2 The amounts shown in the user's offers are based on the prices, exchange rates, wages, taxes and other factors relevant to the price level that existed during the offer. If changes occur in one or more of the aforementioned factors after the (order) confirmation, the user is entitled to adjust the agreed price accordingly. If a price increase is made pursuant to this provision, and the increase amounts to more than 10% of the total agreed amount, the customer has the right to terminate the agreement in writing within eight days after it becomes aware or could have become aware of the price increase.
4.3 The shipping costs are not included in the price and are therefore for the account of the customer.
We ship with PostNL and DHL, you can ask us for the costs of this.
Packages larger than a standard box always go through PostNL and the 10 to 30 kg rate is charged for this.
4.4 Design costs/Sample model
This is a model that is not (yet) in our collection or has not been made by us before.
We provide an expected price indication for this. This will always be between two amounts.
And depends on the time and material that will be used in your creation.
If you decide to have us design a new model, we ask for a deposit of €50.00.
When this is ready, we can give you the exact price.
Then you decide that we can make a sample model of this.
We will then send you photos of this.
If you want to have the sample model in your possession, you pay the price that we have given as a price indication.
This is on top of the €50.00 deposit that has already been paid.
This only applies to orders that concern multiple pieces when requested.
If you decide to place the order with us, we will refund the design costs. This will be deducted from the total amount. If the request only concerns one or two pieces and the amount is less than €50.00, you will receive the difference back. We will treat this in a friendly manner.
If you decide not to purchase the sample, the deposit you paid will be forfeited and the sample will become the property of Foamhoeden.nl
You will then no longer be able to claim the sample or the deposit.
For this, Foamhoeden.nl always observes a period of 30 days after the last communication, desired delivery date or agreed delivery date.

5. Payment
5.1 Payment must always be made before collecting or sending the product. The customer is not entitled to set off any claim against the user against the amounts charged by the user.
5.2 Foamhoeden.nl always asks for a deposit of 25% of the entire amount. Or in case of a very short delivery time payment in advance.
this must be paid after approval of the work order. A payment of an advance or the entire amount is seen as approval of the work order.
Changes after payment has been made may result in additional costs.
5.3 The user always has the right to invoice delivered goods or delivered goods per partial delivery.
5.4 Payment is made by deposit or transfer to a bank or giro account designated by the user. The user always has the right, both before and after the conclusion of the agreement, to demand security for the payment or advance payment, all this while suspending the performance of the agreement by the user, until the security has been provided and/or the advance payment has been received by the user. . If advance payment is refused, the user is authorized to dissolve the agreement and the customer is liable for the resulting damage for the user.
5.5 The user is entitled to suspend the delivery of products that it has in its possession for the customer in connection with the performance of the agreed work until all payments owed by the customer to the user have been paid in full.
5.6 If payment is not made on time, the customer is legally in default without a notice of default being necessary. From that moment onwards, the customer owes the user interest on the outstanding amount of 2% per month.
5.7 If no payment has been received after the expiry of a further payment term set by written reminder, the customer will owe a penalty equal to 10% of the principal sum owed by the customer to the user, including VAT, regardless of whether the user has had to incur extrajudicial collection costs and without prejudice to the user's right to claim compensation.
5.7 Without prejudice to the user's other rights under this article, the customer is obliged towards the user to reimburse the collection costs that the user has had to incur and which go beyond sending a single summons or simply making a - not accepted - settlement proposal, gathering simple information or compiling the file in the usual manner. These costs are determined on the basis of the guidelines in force at the courts in the Netherlands at that time.
5.8 The applicability of Article 6:92 of the Dutch Civil Code is excluded with regard to the penalty clause included in this article.
5.9 When you have placed an order with Foamhoeden.nl and after 30 days after the desired delivery date or agreed delivery date there has been no further communication from you as a customer, the order automatically becomes the property of Foamhoeden.nl without refund of the down payment.

7. Advertising
7.1 Any complaints about a product supplied by the user must be immediately communicated by the customer to the user in writing and with reasons. If 14 days have passed after delivery of the products, the customer can no longer make a justified complaint, unless the defect would not have been detectable at the time of delivery with a careful and timely check. In that case, the customer must inform the user of the defect in writing and with reasons, within 14 days after the defect has become known or could have been known to the customer.
7.2 Without prior written consent, the user is not obliged to accept returns from the customer. Acceptance of return shipments does not imply any acknowledgment by the user of the grounds for return specified by the customer. The risk with regard to returned products remains with the customer until the products have been credited by the user.
7.3 If the customer appeals to any agreed guarantee scheme, but that appeal subsequently turns out to be unjustified, the user has the right to charge the customer for the work and costs of investigation and repair that have resulted from that appeal to the customer in accordance with its usual rates, with a minimum of € 100.00.

8. Retention of Title
8.1 All products to be delivered and delivered by the user remain the property of the user under all circumstances, as long as the customer has not paid any claim from the user, including in any case the claims referred to in Article 3:92, paragraph 2 of the Dutch Civil Code.
8.2 The customer is obliged to store the products delivered under retention of title with due care and as recognizable property of the user.
8.3 The customer is not authorized to pledge the products delivered under retention of title to third parties, to encumber them in any other way or to transfer them in whole or in part, except insofar as the transfer is for the purpose of carrying out the usual business activities of the customer takes place.
8.4 If the customer fails to fulfill its payment obligations towards the user or if the user has good reason to fear that the customer will fail to meet those obligations, the user is entitled to take back the goods delivered under retention of title. The customer shall at all times grant the user free access to its sites and/or buildings in order to inspect the goods and/or to exercise the rights of the user. After repossession, the customer will be credited for the market value, which can under no circumstances exceed the original price that the customer agreed with the user, less the costs that arise for the user from the repossession.

9. Dissolution and Termination
9.1 The customer is deemed to be in default if it fails to comply with any obligation under the agreement or does not do so on time, as well as if the customer does not comply with a written reminder to fully comply within a reasonable period.
9.2 In the event of default on the part of the customer, the user is entitled, without any obligation to pay compensation, and without prejudice to its rights, to dissolve the agreement in whole or in part by means of a written notification to the customer and/or by the customer, if necessary, to the user. to immediately claim the amount due in full and/or to invoke the retention of title.
9.3 The user is authorized to dissolve the agreement with immediate effect if the customer applies for suspension of payment or bankruptcy or if a petition is filed against him or if all or part of his assets are seized. All invoiced amounts will then become immediately due and payable. user will never be obliged to pay any compensation due to this termination.

10. Force majeure
10.1 User is not liable if a shortcoming is the result of force majeure. During the period in which there is force majeure, the user's obligations are suspended. If the period in which the fulfillment of the obligations by the user is not possible due to force majeure lasts longer than three months, both parties are authorized to dissolve the agreement without judicial intervention, without any obligation to pay compensation in this respect.
10.2 The term 'force majeure' as referred to in this article is in any case understood to mean unforeseen circumstances, also of an economic nature, which have arisen through no fault or fault of the user, such as serious disruption in the company, forced reduction of production , strikes and lockouts, both at the user and at the supply companies, war, hostilities, martial law, mobilization, either in the Netherlands or in any other country where any branches of the user or supply companies are located, delays in transport or delayed or incorrect delivery goods or materials or parts by third parties, including supplier companies of the user.
10.3 If the user has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate agreement.

11. Liability
11.1 The user is only liable for damage suffered by the customer if and insofar as that damage is the direct result of intent or deliberate recklessness on the part of the user's executives.
11.2 The total liability of the user will in all cases be limited to compensation for direct damage, whereby the total amount to be paid by the user to the customer on account of any obligations to undo and compensation for damage will never exceed the maximum amount of the for that agreement stipulated price (excluding VAT).
11.3 The user is not liable for damage if and insofar as the customer has insured itself against the damage in question or could reasonably have been insured.

12 Disputes and Applicable Law
12.1 If there is any uncertainty about the interpretation of one or more provisions of these general terms and conditions, the interpretation of those provision(s) must take place 'in the spirit' of these general terms and conditions.
12.2 Dutch law applies to an agreement concluded with the user. Foreign legislation and treaties including the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Sales Convention) are excluded.
12.3 All possible disputes relating to this agreement or arising from this agreement will be settled in the first instance by the competent court in the district in which the user is established at the time of the conclusion of this agreement.