General terms and conditions Van de Sant Innovations BV
KVK nummer: 70690561
ARTICLE 1 - Applicability of the general terms and conditions
By accepting the quotation from Van de Sant Innovations BV the customer accepts the general terms and conditions of Van de Sant Innovations BV. Deviations from these conditions are only valid if agreed in writing.
ARTICLE 2 - The offer / agreement
2.1. The offer is valid for 21 days from the date of the offer. A full description of the product (s) to be delivered and the accompanying measurements, materials and activities will be included in the offer. If this offer contains inaccuracies, the customer must report this immediately.
2.2. All work that is not mentioned in the quotation is not covered by the agreement and can have a price-increasing effect.
2.3. The total (purchase) price is specified and the expected delivery time is indicated.
2.4. The total price includes VAT and delivery in Breda unless expressly agreed otherwise.
2.5. After receipt of the signed offer and the deposit of 50%, production will start.
ARTICLE 3 - Prices
Van de Sant Innovations BV cannot increase the price after the conclusion of the agreement but before delivery, unless:
3.1. The price increase is the result of extra work carried out by Van de Sant Innovations BV at the request of the customer and the customer has been informed about this in advance.
3.2. The price increase is the result of changes in the VAT rate and / or other statutory levies.
ARTICLE 4 - Payment
4.1. The payment of the total principal sum will be as follows:
-50% at the conclusion of the agreement;
-50% at the latest on the day of delivery or collection of the products
4.2. If the full amount is not received by Van de Sant Innovations BV on the day before delivery, Van de Sant Innovations BV is obliged to move the delivery date. The possible extra costs that this entails will be charged to the customer.
ARTICLE 5 - Delivery time
5.1. Van de Sant Innovations BV uses a delivery time of 10 to 12 weeks after signing the offer. This term depends on the design, type of furniture and delivery time of suppliers. If the product (s) are ready, Van de Sant Innovations BV will contact the customer by telephone or e-mail to make a delivery appointment or take-out appointment.
5.2. If the expected delivery time is exceeded, Van de Sant Innovations BV will be granted a further period to still deliver with a maximum of one month.
5.3. If this further period is exceeded, the customer has the right to terminate the contract without notice of default or judicial intervention and the already paid down payment, unless otherwise agreed, will be refunded by Van de Sant Innovations BV.
ARTICLE 6 - Transport and damage on delivery
6.1. Unless otherwise agreed, the contract includes the transport of the purchased product (s) by Van de Sant Innovations BV, which bears the risk of damage and loss. Also when the purchased product (s) are delivered by a professional transporter.
6.2. Van de Sant Innovations BV contacts by telephone or e-mail to make the delivery appointment. Then the customer receives an e-mail confirming the appointment made. If this appointment confirmation contains inaccuracies, the customer must report this as soon as possible to Van de Sant Innovations BV. The customer is obliged to do what is reasonably necessary or desirable to make delivery possible. Van de Sant Innovations BV can assume that the product (s) can be delivered with customary means of transport at easily accessible places in a customary method. If agreements regarding delivery by the customer are not fulfilled and a new delivery agreement has to be made, Van de Sant Innovations BV is entitled to charge costs.
6.3. The customer must be present at delivery. In principle, we deliver to the front door on the ground floor. So make sure there is sufficient manpower available to put the furniture in place. If the customer lives on one floor, this must be clearly reported in advance. In consultation we can help the customer to put the product (s) in place and it is the responsibility of the customer that the furniture can enter.
We also note that the risk of damage incurred during installation is not for the account of Van de Sant Innovations BV.
6.4. The customer is obliged to check the delivered product (s) immediately upon receipt for damage. Upon approval, the customer must sign for this.
Defects that could not be detected at the time of delivery, or could not be detected through careful and timely inspection, must be reported to Van de Sant Innovations BV within 2 working days after receipt.
ARTICLE 7- More and less work & assembly
7.1. The work comprises only the work specified on the quotation. The costs of additional work are entirely at the expense of the customer. Additional work is calculated on the basis of hours worked and materials used.
7.2. The fitting, installation or fastening of (wall) furniture (s) is not included in the price as standard unless expressly stated on the quotation and / or invoice. If the customer wants the (wall) furniture (s) to be mounted, installed or attached, Van de Sant Innovations BV can use a handyman for this purpose. The costs for this are for the customer.
ARTICLE 8 - Warranty
8.1. The delivered product (s) must have the properties that the customer is entitled to expect in normal use under the contract
8.2. For product (s) purchased from Van de Sant Innovations BV the legal consumer warranty applies. For businesses the warranty is 1 year.
8.3. This guarantee only applies to damage or defects caused by errors in material or production.
8.4. Normal wear is not covered by the warranty. The customer is obliged to behave as a good buyer, which for example means that the product is properly and adequately maintained and judiciously treated.
8.5 In case of improper use, visible contamination, moisture problems or damage, the warranty claims will lapse.
ARTICLE 9 - Complaints
Complaints must be submitted fully and clearly described, preferably in writing or electronically and with photos, to Van de Sant Innovations BV, in good time after the customer has discovered the defects. In the case of the consumer purchase of a moveable property, a notification is timely in a timely manner within a period of two months after the discovery of the defect. Failure to submit the complaint on time may result in the customer losing his rights in this matter.
ARTICLE 10 - Cancellation
10.1. In the event of cancellation of the agreement by the customer, it will owe compensation of 50% of what the customer should have paid in the execution of the agreement, unless the parties have agreed otherwise at the conclusion of the agreement.
10.2. The percentage mentioned in the previous paragraph is fixed, unless the Van de Sant Innovations BV can prove that its damage is greater or the customer can make it plausible that the damage is smaller.
ARTICLE 11 - Liability
Without prejudice to his liability under the law and what has been agreed between the parties, Van de Sant Innovations BV is not liable for damage resulting from causes that Van de Sant Innovations BV has no influence on, such as:
-Wear
-The emergence of shrinkage seams and / or hairline cracks as a result of bad maintenance.
-The air humidity in the room must be at least between 50% -60%. Van de Sant Innovations BV is not liable for the occurrence of discolorations, shrinkage seams and / or hair cracks caused by the direct action of heat sources such as sun, cf. and fireplaces or due to extreme fluctuations in air humidity due to influence of the seasons.
ARTICLE 12 - Retention of title
Van de Sant Innovations BV reserves the ownership of the product (s) sold to the customer for as long as the customer has not paid it in full.
ARTICLE 13 - Privacy and Cookie Statement
Van de Sant Innovations BV has a privacy and cookie statement, this statement is inextricably part of these general terms and conditions. The privacy and cookie statement is attached to these conditions as an appendix.
ARTICLE 14 - Force majeure
14.1. If compliance with the agreement is temporarily impossible due to a cause that can not be attributed to one of the parties, the other party is relieved of its obligations for that period.
14.2. Force majeure means fire, floods, strikes, riots, blocks in transport, mobilization, war, machine breakdown, non-provision of services by public utilities and all other circumstances that delay or make impossible the performance of an assignment and that are not reasonably Van de Sant Innovations BV can be allocated.
14.3. In the event of force majeure, Van de Sant Innovations BV has the right to suspend the performance of the assignment or to dissolve the agreement in whole or in part, without the customer being entitled to any compensation for that reason.
14.4. In case of force majeure, Van de Sant Innovations BV will inform its customer as soon as possible.
ARTICLE 15 - Reservation
We reserve the right to change our general terms and conditions and the privacy and cookie policy at any time. These changes take effect on the announced time of entry into force.
All agreements to which these conditions apply are subject to Dutch law and the version in Dutch is always leading.
Version: November 25th, 2021
