Salesterms and conditions

Below you can read and download the general terms and conditions of Dutch Luxury Design in English. At your request we will send you this free of charge.

1. Applicability
www.dutchluxurydesign.nl and Dutch Luxury Design are parts of A Thousand Elephants B.V. The term 'www.dutchluxurydesign.nl' in these Sales terms & conditions means the private limited company A Thousand Elephants B.V., established and having offices at Kerkweg 4 in Gellicum. Tel. 020 2060830, K.V.K. 05068150. VAT number 810256708B02.
These Sales terms & conditions apply to all offers from www.dutchluxurydesign.nl, Dutch Luxury Design and A Thousand Elephants BV, hereinafter referred to as the seller and to all agreements between seller and buyer.
In these conditions, 'seller' means the natural or legal person who, under the applicability of these Sales terms and conditions, enters into an agreement for sale and / or delivery. These conditions apply to every offer from or to and to every agreement with the seller and to the execution thereof, everything exclusively in so far as the seller acts as a selling and / or supplying party or could act as a result of an offer. In these conditions, 'buyer' means the person who, with an offer or agreement, in which the seller acts or could act as a selling or supplying party as described above, acts as the counterparty of the seller, as well as its representatives, authorized representatives, assigns and heirs.
Seller reserves the right to amend or supplement these terms from time to time. The amended conditions therefore also apply to the agreements already concluded, unless this would be contrary to reasonableness and fairness in a specific situation.
By using the website of the seller and / or placing an order, the buyer accepts these Sales terms & conditions as well as all other rights and obligations as stated on the website: www.dutchluxurydesign.nl. The provisions of these Sales terms & conditions can only be deviated from if this has been expressly agreed in writing. If the buyer also refers to his general terms and conditions, those conditions do not apply unless expressly agreed in writing by the seller.
If in a court ruling one or more articles of these conditions are declared invalid, the other provisions of these Sales terms and conditions will remain in full force and seller and buyer will enter into consultation in order to replace new provisions to replace the void or voided provisions. to comply with, as far as possible, the purpose and intent of the void or voided provisions.
The seller is authorized to use third parties in the execution of an agreement with the buyer.

2. Offers and formation agreements
Every agreement is entered into by the seller under the condition that the buyer is sufficiently creditworthy. The seller is entitled to require the buyer to provide sufficient security to the seller to cover his obligations towards the seller. The seller is entitled to suspend the execution of the agreement until the requested security has been provided. All offers from seller are without obligation. Offers or quotations must be regarded as an invitation to the potential buyer to make an offer. Seller is not bound by this in any way, unless this has been recorded unambiguously in writing. The acceptance of the invitation to make an offer by the potential buyer counts as an offer and only leads to the conclusion of an agreement if the other provisions of this article are met. There is never an obligation for the seller to conclude an agreement with a potential buyer.
Offers and agreements are made subject to the availability of products (while stocks last). If a product that is temporarily out of stock is or has been ordered by the buyer, the seller will indicate when the product is available again.
An agreement is concluded at the moment that an order confirmation is sent to the buyer by e-mail or by post to the e-mail address or delivery address specified by the buyer. Buyer is bound by his order and will be obliged to compensate in the event of change and / or cancellation of the order and the resulting damage for the buyer, costs already incurred, loss of profit, loss of interest and the like, regardless of the reason for force majeure for the change and / or cancellation, regardless of the acceptance of the buyer thereof. The loss of profit is deemed to amount to at least 50% of the purchase price. The seller reserves the right to prove and claim a higher amount of damages.
The seller is entitled to dissolve the agreement, or to refuse orders, or to attach conditions to this if it has good reason to fear that the buyer will not fulfil his obligations, for example because of past experience.
Buyer and seller expressly agree that by using electronic communication forms a valid agreement is reached as soon as the conditions as described above are met. In particular, the absence of an ordinary signature does not affect the binding force of the offer and the acceptance thereof. The seller's electronic files are, as far as the law allows, hereby a presumption of proof.
Information, images, announcements oral, telephone or by e-mail provided et cetera with regard to all offers and the main characteristics of the products are as accurately as possible (again) given or done. However, the seller does not guarantee that all offers and products are fully in accordance with the information provided and so on. Deviations can in principle not be a reason for compensation and / or dissolution, unless the deviation is such that the product does not (no longer) comply with what the buyer could reasonably have expected of it, in which case the provisions at 'exchange and right of withdrawal' of these conditions apply.

3. Prices
All prices used by the seller are expressed in euros, in accordance with the legal requirements in this respect, and are - unless otherwise stated - inclusive of turnover tax and exclusive of other government levies and shipping costs, unless otherwise stated in the information relating to the product. If the ordered product has to be delivered outside the Netherlands at the request of the buyer, then the buyer is liable for payment of the possibly due turnover tax or import duties. Any special offers are only valid for the period of validity as stated in that specific offer.
The buyer owes the price that the seller has communicated to the buyer in his confirmation in accordance with the provisions of these conditions. Obvious errors in the quotation, such as obvious inaccuracies, i.e. errors of which the buyer could reasonably have suspected that a mistake was at stake, can also be corrected by the seller after the conclusion of the agreement.
Shipping costs are in principle not included in the price of the product itself, unless otherwise specified. The amount of the shipping costs to be paid by the buyer is mentioned separately. Special rates apply for delivery outside the Netherlands. With regard to certain payment methods, further conditions apply with regard to the delivery method and related costs. This is clearly communicated to the buyer.
4. Payment
Orders can be paid in a number of ways via the website. This is indicated on the website. The seller can extend the payment options in the future. New payment options will be made known via the website.
The full price must be received by the seller within fourteen days after the invoice date or, if this occurs earlier, before the delivery. Partial payment does not oblige seller to make any delivery. As long as any amount owed by the buyer to seller for any reason whatsoever remains unpaid or is not set, the buyer cannot invoke the payment of any price. In the context of the foregoing, the purchaser is or will be treated as the third party who has or will have financial or organizational ties with the buyer.
If the price in connection with the above at the originally agreed time is not paid in full or can be deemed to have been agreed, agreed delivery times will start as soon as this is the case. What seller may have delivered before full payment in accordance with the above can be reclaimed by him as being unduly paid and can in no way put seller in a worse position than he would have been without this delivery. Costs of receiving and returning and during the period between receipt and return to the delivered items are at the expense of the buyer. Before any obligation of the seller is due and payable, the consequences of the seller's failure to comply with this obligation can never occur and the seller can never be charged with doubting the fulfilment of its obligations. The buyer is in default immediately after the final payment time without notice of default.
Payments by the buyer, irrespective of any other declaration by the buyer in this respect, always serve to settle the payments owed by the buyer to the seller, for whatever reason, in the following order: interest and costs relating to (no longer) on the ground of a retention of title by the seller, reclaimable goods delivered by him to the buyer, the price of the aforementioned goods, other amounts owed by the buyer to the seller, interest and costs relating to (still) by the seller on account of a retention of title, by him sold to the buyer and, finally, the price of the latter, with the proviso that within each category mentioned the longest outstanding item is deemed to have been paid first. Payments made before the moment of due and / or expiry of due and payable are never entitled to any discount, interest or refund. The buyer is not entitled to set off any prices, interest and costs owed by him by claims against the seller, insofar as the latter claims have not been explicitly included as a credit by the seller in the relevant invoice. Any promised discounts will lapse as soon as the buyer is in default with regard to the reduced price. The seller is not obliged to issue receipts for payments. Discharge for any principal sum given by the seller without express discharge for interest and costs does not imply the latter discharge. Discharge in respect of a payment made by the seller only relates to the payment for which discharge is explicitly granted and not, for example, payments due earlier.
In the event of non-payment or late payment by the buyer, an interest of 2.0% per month must be paid per day on which the payment must have been made at the latest until the day of the full payment of the outstanding amount, whereby a month commenced for a full month is counted. All (extra) judicial costs of whatever nature, which the seller as a result of the non-fulfilment by the buyer of his (payment) obligations, must incur at the expense of the buyer. In the event of overdue payment, the seller is entitled to dissolve the agreement with immediate effect or to suspend (further) delivery until the moment the buyer has fully complied with the payment obligations, including the payment of interest and costs owed. All that - payment or otherwise - to which the seller is entitled in respect of the obligations arising from any purchase agreement or these terms and conditions, nothing excepted, is payable by the owner, director, or by whomever, but has power of disposition with respect to the goods, irrespective of whether they have provided the seller with instructions for the supply of goods or services in his own name and / or for his own account or on behalf of third parties, with the proviso that the seller will deliver the other to one of them.

5. Delivery and delivery time
Orders are naturally delivered as quickly as possible. The agreed delivery times are only an indication and never as a deadline. The seller can specify further information about delivery times on the website or otherwise make it known in writing or verbally. Such information is only indicative. Also in case of deviations from the delivery period, for whatever reason, the buyer is obliged to accept the purchased goods. In the event of late delivery, the buyer will give notice of default by registered letter and allow him a reasonable period of at least 14 working days to still deliver the delivery. Only if the seller does not comply with the delivery within that reasonable period, the buyer has the right to dissolve the agreement without the seller's obligation to compensate for any damage. Any contractual penalty expressly stated on exceeding the delivery term is not due if the excess is the result of force majeure.
Deliveries take place at the address given by the buyer during the conclusion of the agreement. This will be communicated in good time to the buyer.
Seller provides delivery by mail or dispatch in any other way at the seller's discretion. Delivery by mail or dispatch in any other way only takes place after the payment for the products to be delivered has been received by the seller. Seller is entitled to fulfil the delivery in parts. The extra costs of the subsequent delivery are borne by the seller. For deliveries abroad, different conditions may apply.

6. Exchange and right of withdrawal
If there is a consumer purchase at a distance, then the buyer has the right to dissolve the agreement without giving any reason within seven working days after the receipt of the product. Buyer must indicate this by email. Products must then be returned in the original, complete and undamaged packaging and properly packaged within 7 working days after receipt including purchase invoice. The products must not be damaged.
If these conditions are not met or when an order is refused at the door, costs will be charged for returning / cancelling the order and for costs already incurred; loss of profit, loss of interest and the like, regardless of the reason for force majeure for the change and / or cancellation, regardless of the acceptance of the buyer thereof. These costs will cover a certain percentage of the purchase price and these will be determined by the seller. The loss of profit is deemed to amount to at least 50% of the purchase price. The seller reserves the right to prove and claim a higher amount of damages.
The buyer is obliged to carefully inspect the products immediately after receipt. Complaints regarding defects in the products must be made in writing and as soon as possible, but at the latest within 7 days after delivery, or - in the case of non-visible defects - within 21 days after the defects could reasonably have been detected.

The buyer receives, at his option, money back or a voucher if and as soon as the product has been returned by the seller and the claim has been found to be valid.
The costs of returning the product are borne by the buyer.
Without prejudice to what is stated in the law and further in these Sales terms & conditions, no claim can be made due to a defect in the product if wear is considered normal and in the following cases: 1. If changes have been made to the product after delivery, including repairs that have not been made with the permission of the seller or the manufacturer of the product; 2. if the buyer cannot prove that he has purchased the product from the seller; 3. if the defects are the result of non-designated or improper use; or 4. if damage is caused by intent, gross negligence or negligent maintenance.
Claims and defences, based on facts that could justify the claim that the delivered product does not comply with the agreement, expire after one year after the notification by the buyer to the seller.
If the delivered goods do not comply with the agreement, then the seller is only obliged to deliver the missing product for repair or replacement of the delivered product, unless repair or replacement is impossible or the seller cannot be required, in which case the buyer may terminate the contract or reduce the purchase price in proportion to the deviation from the agreed.

7. Reservation of ownership
Ownership of products will pass to the buyer, notwithstanding the actual delivery, after the buyer has fully paid all that the buyer owes in respect of any agreement with the seller, including interest and costs, also from earlier or later deliveries and any activities performed or to be performed with regard to the products. The buyer may not tax, sell, resell, dispose of or otherwise encumber the products before the property has been transferred.
The seller is authorized, but never obliged, to deliver goods to the customer, for which no payment has yet been made of the price, transport costs and / or claims due to the buyer's failure to fulfil his obligations. If the seller, as referred to above, nevertheless brings the buyer into his control, the seller shall remain the owner of the goods delivered until the buyer, with due observance of the provisions in respect of the payment, the price, transport costs and claims referred to above, are fully has met. The buyer is authorized to transfer the goods subject to the retention of title to third parties, provided this is done at the minimum price that the buyer owes to the seller in respect of the goods in question and for cash, prior payment or under the stipulation of an equal retention of title. The buyer is explicitly not permitted to pledge these items to third parties or to hand them over to third parties who can obtain a right of retention thereon. As long as seller is still the owner of delivered products, the buyer is obliged to return the goods to seller on the seller's first request. After return, the buyer will owe the full consideration and any interest, penalties and costs, which will only be deducted from any amount already received by the seller as a result of the vendor making the goods yet to be realized. The vendor is not obliged to make this known or to sell it in any kind of way or time. Nor is the seller obliged to enforce its rights from the reserved property. In sales, delivery or transfer is never included any part of or right from the intellectual and industrial property rights of the seller.
All packaging and transport materials not intended for single use, such as pallets, pallet boxes and containers, which reach the buyer remain the property of the seller and must be made available to the seller by the buyer at the first request. As soon as the buyer fails to do so, he is obliged, without prejudice to the rights of the seller from the above, to compensate the seller for the replacement value of the goods in question.

8. Liability
The seller can only be held liable for damage, which is attributable to its intent or gross negligence, or which has arisen due to circumstances that are at risk due to mandatory rules. The seller is never liable for consequential or consequential loss, indirect damage and loss of profit or turnover. If the seller, for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to 50% of the invoice value in relation to the product or service that caused the damage. Seller is never obliged to pay compensation other than case and / or personal injury. The buyer is obliged to indemnify the seller against any claim that third parties may have against the seller in respect of the performance of the agreement, insofar as the law does not prevent the relevant damage and costs to be borne by the buyer.
The products are sold in the condition they are in. In the event that the seller provides services, such as giving advice on a solicited or unsolicited basis, the following applies with regard to liability: Whenever advice is given by or on behalf of the seller, no liability can be accepted for this. The buyer indemnifies the seller against all claims that third parties may institute in connection with the advice given against the seller. Also for not giving advice in cases where the buyer believes that should have been advised, the seller does not assume any liability.

9. Force majeure
In case of force majeure, the seller is not obliged to fulfil its obligations towards the buyer, respectively the obligation to perform is suspended for the duration of the force majeure. In the event of force majeure, the seller has the right, without being obliged to pay any compensation, to declare the agreement cancelled in full or in part, without any legal intervention being required. This does not affect the buyer's obligation to pay the already delivered and the costs already incurred.
Force majeure means any circumstance that is independent of the seller's will, whereby the fulfilment of its obligations towards the Buyer is wholly or partially prevented. These circumstances include strikes, fire, business failures, power failures, non-delivery or late delivery by suppliers or other third parties and the absence of any permit to be obtained by the government. Force majeure also means failures in a (telecommunications) network or connection or used communication systems and / or the unavailability of the website at any time.

10. Intellectual property
The buyer expressly acknowledges that all intellectual property rights of displayed information, announcements or other expressions relating to the products and / or relating to the website are vested and remain with the seller, his suppliers or other entitled parties. With this agreement, no transfer of intellectual property rights is therefore concluded. The buyer is prohibited from making use, including the making of changes, of the intellectual property rights belonging to the purchased product, such as for example multiplication, without the express prior written consent of the seller, its suppliers or other entitled parties, unless it only concerns private use in relation to the product itself.
In the sale and delivery of goods expressly all rights are reserved, which relate to the intellectual property of the design and production method of the sold. These rights do not form part of the purchase agreement, unless expressly deviated from this in writing. Imitation by or on behalf of the buyer is prohibited as well as making available to third parties that can reasonably be presumed to cause the purchased to imitate. In case of violation of this prohibition, the purchaser will forfeit a fine of 50% of the purchase price, with a minimum of EURO 500, - per case or produced article. 2. The Buyer undertakes to impose the prohibition contained in this article, along with the penalty clause, on its legal successors and also to impose the prohibition, along with the penalty clause, on its legal successors, such that those legal successors in respect salesman. 3. In the event of non-compliance with the obligations arising from the previous paragraph, the buyer shall be liable for the actions of his legal successors and forfeit an immediately due and payable penalty of EURO 5,000.- per case to the seller.

11. Personal data
The seller will only process the data of the buyer in accordance with its privacy policy. The seller will observe the applicable privacy rules and legislation.

12. Applicable law and competent court
Dutch law applies to all agreements concluded by the seller, as well as the ensuing obligations. All disputes ensuing from or related to these conditions and the legal relationships between the parties shall in the first instance be exclusively judged by the competent judge in Rotterdam, unless the seller prefers to apply to the competent court at the place of residence. from the buyer or another competent judge.

13. Miscellaneous
The seller can be reached by telephone for information on working days from 9 am to 5 pm from Monday to Friday by number: see contact page on www.dutchluxurydesign.nl. The vendor strives to answer the e-mails it receives during the accessibility times.

14. Dutch text prevails
The Dutch text of these Sales terms & conditions prevails over translations thereof.

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