Terms and conditions

Article 1: Definitions

  1. Buitenspotjes.nl, located in Nijkerkerveen, Chamber of Commerce number 81313578, is referred to as the seller in these general terms and conditions.
  2. The counterparty of the seller is referred to as the buyer in these general terms and conditions.
  3. The parties are collectively referred to as the seller and the buyer.
  4. The term "agreement" refers to the purchase agreement between the parties.

Article 2: Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
  2. Any deviation from these terms and conditions is only possible if expressly and in writing agreed upon by the parties.

Article 3: Payment

  1. The full purchase price is always paid immediately in the store.
  2. In the case of reservations, an advance payment may be required in some cases. In that case, the buyer will receive proof of the reservation and the advance payment.
  3. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation. If the buyer remains in default, the seller will proceed with collection.
  4. The costs associated with this collection will be borne by the buyer. These collection costs will be calculated in accordance with the Decree on compensation for extrajudicial collection costs.
  5. In the event of liquidation, bankruptcy, attachment, or suspension of payment of the buyer, the claims of the seller against the buyer become immediately due and payable.
  6. If the buyer refuses to cooperate in the execution of the assignment by the seller, he is still obliged to pay the agreed price to the seller.

Article 4: Offers, quotations, and price

  1. Offers are without obligation, unless the offer specifies an acceptance period. If the offer is not accepted within that specified period, the offer expires.
  2. Delivery times in quotations are indicative and do not entitle the buyer to dissolve the agreement or claim compensation, unless expressly and in writing agreed upon by the parties.
  3. Offers and quotations do not automatically apply to subsequent orders. The parties must explicitly and in writing agree to this.
  4. The price stated on offers, quotations, and invoices includes the purchase price including the applicable VAT and any other government levies.

Article 5: Right of withdrawal

  1. The consumer has the right to terminate the agreement without giving any reason within 14 days after receiving the order (right of withdrawal). The period starts running from the moment the consumer has received the (entire) order.
  2. There is no right of withdrawal when the products have been customized according to the consumer's specifications or are perishable.
  3. The consumer can use a withdrawal form provided by the seller. The seller is obliged to provide this form to the buyer immediately upon request.
  4. During the withdrawal period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the unused and undamaged product, including all delivered accessories, and if reasonably possible, in the original shipping packaging, to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6: Amendment of the agreement

  1. If it becomes apparent during the execution of the agreement that it is necessary to modify or supplement the work to be performed for proper execution of the assignment, the parties shall promptly and mutually adjust the agreement accordingly through consultation.
  2. If the parties agree to amend or supplement the agreement, the completion date of the execution may be affected. The seller shall inform the buyer thereof as soon as possible.
  3. If the amendment or supplement to the agreement has financial and/or qualitative consequences, the seller shall notify the buyer thereof in writing in advance.
  4. If the parties have agreed on a fixed price, the seller shall indicate to what extent the modification or supplement to the agreement will result in exceeding this price.
  5. Notwithstanding the provisions of the third paragraph of this article, the seller cannot charge additional costs if the modification or supplement is a result of circumstances that can be attributed to the seller.

Article 7: Delivery and transfer of risk

  1. Once the purchased item has been received by the buyer, the risk is transferred from the seller to the buyer.

Article 8: Inspection and complaints

  1. The buyer is obliged to examine the delivered goods at the time of delivery or as soon as possible thereafter. The buyer should verify whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least whether the quality and quantity meet the requirements applicable in normal trade.
  2. Complaints regarding damages, shortages, or loss of delivered goods must be submitted to the seller in writing by the buyer within 10 working days from the day of delivery of the goods.
  3. If the complaint is substantiated within the specified period, the seller has the right to either repair, redeliver, or refrain from delivery and issue a credit note to the buyer for that part of the purchase price.
  4. Minor and/or customary deviations and differences in quality, quantity, size, or finish cannot be attributed to the seller.
  5. Complaints regarding a specific product do not affect other products or components belonging to the same agreement.
  6. No complaints will be accepted after the goods have been processed by the buyer.

Article 9: Samples and models

  1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided solely for illustrative purposes without the delivered goods needing to correspond to it. This is different if the parties have expressly agreed that the delivered goods will correspond to the sample or model.
  2. In agreements concerning immovable property, the indication of surface area or other dimensions and descriptions is also presumed to be provided solely for illustrative purposes without the delivered goods needing to correspond to it.

Article 10: Delivery

  1. Delivery takes place "ex works/store/warehouse." This means that all costs are borne by the buyer.
  2. The buyer is obliged to accept the goods at the moment the seller delivers them or arranges for their delivery, or at the moment the goods are made available to the buyer according to the agreement.
  3. If the buyer refuses to accept the goods or is negligent in providing information or instructions necessary for the delivery, the seller is entitled to store the goods at the expense and risk of the buyer. If the goods are delivered, the seller is entitled to charge any delivery costs.
  4. If the seller requires data from the buyer for the execution of the agreement, the delivery period commences after the buyer has made this data available to the seller.
  5. Any delivery period specified by the seller is indicative and never a strict deadline. In the event of exceeding the deadline, the buyer must notify the seller in writing of the default.
  6. The seller is entitled to deliver the goods in installments, unless otherwise agreed upon in writing by the parties or if partial delivery has no independent value. In the case of delivery in installments, the seller is entitled to invoice these parts separately.

Article 11: Force Majeure

  1. If the seller is unable, unable to do so in a timely manner, or unable to properly fulfill its obligations under the agreement due to force majeure, the seller shall not be liable for any damages suffered by the buyer.
  2. Force majeure, as understood by the parties, includes, in any case, any circumstance that the seller could not reasonably have taken into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or the threat of war, civil war and riots, acts of violence, sabotage, terrorism, power failure, flooding, earthquake, fire, occupation of premises, strikes, lockouts, altered government measures, transportation difficulties, and other disruptions in the seller's business.
  3. Furthermore, the parties understand force majeure to include the circumstance that supplier companies on which the seller depends for the performance of the agreement do not fulfill their contractual obligations towards the seller, unless this is attributable to the seller.
  4. If a situation as described above occurs, as a result of which the seller cannot fulfill its obligations to the buyer, those obligations shall be suspended until the seller can fulfill its obligations.
  5. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to terminate the agreement in writing, in whole or in part. If force majeure continues for more than three months, the buyer has the right to terminate the agreement immediately. Termination can only be done by registered letter.

Article 12: Transfer of Rights

  1. Rights of a party arising from this agreement may not be transferred without the prior written consent of the other party. This provision shall be deemed to have effect as a stipulation with proprietary effect as referred to in Article 3:83, paragraph 2, of the Civil Code.

Article 13: Retention of Title and Right of Retention

  1. The goods present at the seller's premises, as well as the delivered goods and components, remain the property of the seller until the buyer has paid the agreed-upon price in full. Until then, the seller may invoke its retention of title and reclaim the goods.
  2. If the agreed-upon prepayment amounts are not paid or not paid on time, the seller has the right to suspend the work until the agreed-upon part has been paid.
  3. This constitutes default by the debtor. In such case, delayed delivery cannot be attributed to the seller.
  4. The seller is not authorized to pledge or encumber the goods falling under its retention of title in any way. The seller undertakes to insure the goods delivered to the buyer under retention of title and to keep them insured against fire, explosion, water damage, theft, and to provide the policy for inspection upon first request.
  5. If goods have not yet been delivered but the agreed-upon prepayment or price has not been paid in accordance with the agreement, the seller has the right of retention. The goods will not be delivered until the buyer has paid in full and in accordance with the agreement.
  6. In the event of liquidation, insolvency, or suspension of payment by the buyer, the buyer's obligations are immediately due and payable.

Article 14: Liability

  1. Any liability for damages arising from or related to the execution of an agreement is always limited to the amount paid out by the applicable liability insurance(s) in the relevant case. This amount is increased by the amount of the excess under the relevant policy.
  2. The liability of the seller for damages resulting from intent or willful recklessness of the seller or its managerial subordinates is not excluded.

Article 15: Obligation to Complain

  1. The buyer is obliged to immediately report complaints regarding the performed work to the seller. The complaint should contain a detailed description of the deficiency to enable the seller to respond adequately.
  2. If a complaint is justified, the seller is obliged to repair the goods and, if necessary, replace them.

Article 16: Warranties

  1. If warranties are included in the agreement, the following provisions apply. The seller guarantees that the goods sold conform to the agreement, will function without defects, and are suitable for the buyer's intended use.
  2. This warranty applies for a period of two calendar years from the buyer's receipt of the goods. The mentioned warranty aims to establish a risk allocation between the seller and the buyer, such that the consequences of a breach of warranty are always fully borne by the seller, and the seller can never invoke Article 6:75 of the Civil Code regarding a breach of warranty.
  3. The provision in the previous sentence also applies if the breach was known or could have been known to the buyer through investigation. The mentioned warranty does not apply if the defect has arisen due to improper or unauthorized use, or if the buyer or third parties have made or attempted to make modifications to the purchased goods without permission, or have used the goods for purposes for which they are not intended.
  4. If the warranty provided by the seller relates to goods produced by a third party, the warranty is limited to the warranty provided by that producer.

Article 17: Applicable Law and Jurisdiction

  1. Dutch law exclusively applies to any agreement between the parties.
  2. The Dutch court in the district where Lyslightis is established/practices/has its office is exclusively competent to hear any disputes between the parties, unless the law mandates otherwise.
  3. The applicability of the Vienna Sales Convention is excluded.
  4. If one or more provisions of these general terms and conditions are deemed unreasonably onerous in a legal proceeding, the remaining provisions shall remain in full force and effect.