Rules and regulations.
Article 1: General 1.1
These terms and conditions apply to all legal relationships between the parties under this agreement, or from further agreements in the future, or for other reasons. Commercial expressions of the party who uses these conditions (hereinafter Lensvelt) are not intended to be binding. They are therefore without obligation, to the extent that the contrary does not appear unambiguously.
Application of the purchase, sales and general conditions invoked by the other party is explicitly rejected.
The following definitions apply in these terms and conditions:
– Product: items as well as services, such as but not limited to assembly, maintenance, advice, management, inspection and design;
– Lensvelt: Lensvelt Contract BV;
– The Client: the person to whom the offer is addressed;
– In writing: by letter, fax or electronic means;
– Service: Contract for work
– Project: a project is the whole of activities related to advice, sale and delivery of elements for the working environment in order to create a fully equipped working environment for a specific customer
– Assignment: an assignment occurs when a customer submits an order in writing, or when the quotation is signed and returned.
> Article 2: Offers and agreement 2.1
All Lensvelt offers are without obligation. Quotations and quotations are valid for a maximum of 30 days unless explicitly stated otherwise.
The data mentioned in the catalogs, images, drawings of standardization sheets, digital data transfer and the like are not binding, except insofar as they are explicitly included in a contract signed by the parties or an order confirmation signed by the customer, without prejudice to the responsibility of the
customer for data provided by him. Slight differences in dimensions, or minor changes in the construction of components required for good execution, are reserved.
The agreement is established by sending the order confirmation by Lensvelt and the absence of written objections by the customer within five working days after the date of the order confirmation.
Lensvelt is not obliged to deliver products once delivered, if these products have been taken out of production or have been dropped from its sales program for any other reason, unless explicitly agreed otherwise.
The offers made by Lensvelt as well as the drawings and scripts provided by it remain its property and must be returned to it without delay if no agreement is reached with Lensvelt. They may not be used or given to third parties for inspection without the express permission of Lensvelt.
The customer guarantees that no data regarding the manufacture and / or construction methods used by Lensvelt will be shown, disclosed or used to third parties.
Every offer is, unless explicitly stated otherwise, based on execution under normal circumstances and during normal working hours applicable at Lensvelt. In the case of delivery or assembly outside normal working hours, a surcharge will be charged on the normal hourly rate based on the additional costs of working hours.
> Article 3: Price 3.1
The prices quoted for delivery in the Netherlands are free at home client (ground floor behind the first door) and for deliveries abroad: free at the Dutch border.
Quotations include B.T.W. and other taxes imposed by the government.
If this is desired by the customer, Lensvelt will take care of transport to the internal place of destination at a price to be agreed upon, provided that the products supplied with a lift sufficiently large for platform trucks and pallet trucks and furthermore can be transported to the internal place of destination. If this is not met, Lensvelt
charge the additional costs based on working hours.
If the delivery date is postponed within 4 weeks of the original delivery date at the request of the customer, Lensvelt reserves the right to:
a. reimbursement of the resulting costs in the form of the statutory interest as referred to in art. 6: 119a BW in connection with art. 6: 120 paragraph 2 of the Dutch Civil Code on the price of the products involved in deferment
b. pass on the storage and handling costs
c. 80% of the assumptions to be invoiced per original delivery date
d. invoice the remaining 20% after delivery on the new date
If the supply to or at the place of delivery requires extra working hours due to the lack of pavement or a paved road or due to other circumstances, Lensvelt is entitled to charge these hours separately.
If Lensvelt agrees a fixed price with the customer, Lensvelt is nevertheless entitled to increase this price at any time without the customer being entitled to terminate the agreement for that reason, if the increase
of the price arises from a power or obligation under the law or regulations, is caused by an increase in the price of raw materials, wages, etc. or on other grounds that were not reasonably foreseeable when entering into the agreement. If Lensvelt is confronted with significant price increases of products that it has to purchase from its suppliers, it is entitled to terminate the agreement with the customer without Lensvelt being liable to the customer for damages.
> Article 4: Delivery 4.1
The specifications of the delivery period in offers, confirmation (s) and / or contracts are made to the best of our knowledge and will be taken into account as much as possible, but this is not binding and is never a strict deadline. If these periods are exceeded, Lensvelt will consult with the customer.
Lensvelt has met its delivery obligation if it has delivered the products in the Netherlands, free at the address specified by the customer or outside the Netherlands, without prejudice to the fulfillment of any other agreed obligations. Deliveries also include partial deliveries.
Lensvelt reserves the right to deliver the agreement in parts and to invoice these partial deliveries separately. In the case of partial deliveries, the invoice terms will be adjusted in proportion to the partial deliveries.
Lensvelt is therefore also not liable for
a. violation of the patents, license or other rights of third parties as a result of the use of data provided by or on behalf of the customer.
b. damage or loss, for whatever cause, of raw materials, semi-finished products, models, tools and other items made available by the customer.
If Lensvelt, without having ordered the assembly and / or management thereof, does provide the assembly with help and assistance of whatever nature, this will be at the risk of the customer.
If the customer is not a consumer or an equivalent customer, he is obliged to indemnify or compensate Lensvelt in respect of all claims from third parties for compensation for the damage, for which the liability of Lensvelt in these conditions is proportionate with the customer is excluded.
The customer is responsible for the choice, use and application in his organization of the products and other services and services to be provided by Lensvelt.
> Article 5: Intellectual property 5.1
Lensvelt takes all reasonable precautions to be taken to prevent the performance to be delivered from conflicting with any intellectual property right of third parties in force in the Netherlands. If Lensvelt can nevertheless be accused of infringing such a right, Lensvelt will, without prejudice to the limits set out in Article 11, take back the delivered goods against crediting the acquisition costs, or ensure that the customer delivers the delivered goods, or equivalent case, can continue to use undisturbed. The provisions of this article only apply if the customer enables Lensvelt in a timely manner to assert its interests vis-à-vis those who assert industrial property rights.
> Article 6: Models, tools, stamps and molds
Models, tools, stamps and molds, which are specially made for an agreement, remain the property of Lensvelt, even if costs have been charged for this. If no agreements have been received and accepted by Lensvelt on a specific item for two years, it has the right to destroy the models, tools, stamps and molds concerned.
> Article 7: Force majeure 7.1
If Lensvelt is unable to meet its obligations to the customer due to force majeure, those obligations will be suspended for the duration of the force majeure situation.
Force majeure is understood to mean any circumstance independent of the will of Lensvelt, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which fulfillment of its obligations cannot reasonably be expected of it, regardless of whether that circumstance at the time of the conclusion of the agreement. These circumstances also include: strikes and exclusions, stagnation or other problems in the production of Lensvelt suppliers and / or in the own or third-party transport and / or measures of any government agency, as well as the lack of any government-obtainable license .
Lensvelt will inform the customer in writing as soon as possible of a (possible) force majeure situation stating the cause, the nature, the expected duration of the force majeure and the (provisions of the) agreement that cannot be honored as a result thereof.
If the force majeure situation has persisted for up to three months after the date of the aforementioned notification, the parties will endeavor to reach agreement on changes to the provision (s) of the agreement that have been suspended due to force majeure. In the absence of such agreement within one month, either party may terminate this agreement without being obliged to pay any compensation to the other party. However, Lensvelt retains the right to payment for goods already delivered. The customer is also not entitled to any (damage) compensation if Lensvelt is the only one as a result of force majeure
> Article 8: Suspension, dissolution and prescription 8.1
If the customer does not, not properly or not timely fulfill any obligation arising from an agreement concluded with Lensvelt, or if it is seriously doubtful whether the customer is able to meet his contractual obligations towards Lensvelt, Lensvelt is entitled, without notice of default or judicial intervention, or to suspend the execution of any agreement concluded with the customer, or to dissolve it wholly or in part, without it being obliged to pay any compensation and without prejudice to its further rights.
Should one of the parties apply for suspension of payment or be declared bankrupt, the other party has the right to declare the agreement terminated by written notice, or (the choice to be made) to suspend the fulfillment of its obligations. . All to the
Payments due to the party entitled to cancellation will then become immediately due and payable. Moreover, the rights with regard to non-fulfillment of obligations remain fully reserved to the party concerned.
Contrary to the legal limitation periods, the limitation period of all claims and defenses against Lensvelt and the third parties involved in the implementation by Lensvelt is one year.
> Article 9: Transfer of ownership, granting / transfer of rights
All goods remain the property of Lensvelt Contract BV until the client has fully paid all costs arising from deliveries or work, including interest and costs, to Lensvelt Contract BV.
Lensvelt Contract BV will, where appropriate, be entitled to unhindered access to the delivered goods.
The client will fully cooperate with Lensvelt Contract BV in order to provide Lensvelt Contract BV
to give the opportunity to exercise the retention of title included in paragraph 1 by taking back the delivered goods, including any necessary disassembly.
If the contractor has clear instructions regarding the reduced creditworthiness of the client before or during the performance of an agreement, he has the right either to request the client to provide additional security, to be chosen by the contractor, or to terminate the agreement and stop further deliveries. this without any obligation to pay compensation. Such a circumstance is a resolutive condition, whereby the contract may be considered dissolved by the contractor, without judicial intervention.
The client is obliged to purchase the products it has purchased at the location described in Article 3, paragraph 1. In the absence thereof, Lensvelt Contract BV will be entitled to payment of the
agreed purchase price of the not purchased
to claim products and these products are deemed to have been purchased by the client from Lensvelt Contract BV,
after which they are stored for the account and risk of the client and against payment of all costs arising therefrom. All this without prejudice to the rights of Lensvelt Contgract BV.
> Article 10: Return of webshop items
You can return almost all of our products within a period of 14 days (after receiving the item) without giving reasons. The withdrawal period expires 14 days after the day on which you or a third party designated by you, who is not the transporter, takes physical possession of the goods. After cancellation you have 14 days to return your item (s). When you return an item you are entitled to a refund of the full purchase amount including any shipping costs for the return shipment. Refund of the purchase amount (including any shipping costs for the return shipment) will take place as soon as possible, at the latest within 14 days.
There are also items that you cannot return. These are articles that are made to measure for you / to your specific wishes. You can think of upholstered furniture, tables that are made to measure etc. Products that you order directly in our webshop never fall into this category
Register a return shipment form
If you want to return an order, please complete the form below. We will contact you within one working day to make an appointment to collect the item from you. Click here to go directly to the return form
Value reduction of items upon return shipment
You are only liable for the depreciation of the goods that results from the use of the goods, which goes beyond what is necessary to determine the nature, characteristics and operation of the goods.
Exclusion right of withdrawal
You cannot return items that are made to measure for you / to your specific requirements. You can think of upholstered furniture, tables that are made to measure etc. This does not apply to products that you can buy in our webshop.
Refund purchase amount
When the item has been collected from you, you will receive the purchase amount back within 30 days.
> Article 11: Disputes and applicable law 10.1
This agreement is exclusively governed by Dutch law, even if an obligation is fully or partially implemented abroad or if the party involved in the legal relationship is domiciled there. All disputes arising from or related to this agreement will be submitted to the court in Utrecht with possibility of appeal or cassation.
If uncertainty arises regarding the interpretation of one or more provisions of these general terms and conditions, the explanation must take place “in the spirit” of these provisions. The Dutch version of the conditions is leading in all cases.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be annulled, the remaining provisions in these terms and conditions will remain fully applicable.
Breda June 2013.