General terms and conditions;
Article 1 - Applicability
1) These General Terms and Conditions apply to all offers, orders and agreements of Deco Home and Garden.
2) Accepting an offer or placing an order means that you accept the applicability of these Conditions.
3) Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically.
4) In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the first and second paragraphs apply mutatis mutandis and the consumer can always invoke the most favorable applicable provision for him in the event of conflicting general terms and conditions.
5) If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these terms and conditions will otherwise remain in effect and the provision in question will be immediately replaced in mutual consultation by a provision that approached the purport of the original as much as possible.
6) Situations not regulated in these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
7) All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of Deco Home and Garden, are also stipulated for the benefit of intermediaries and other third parties engaged by the company name.
Article 2 - The offer
1) If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer or you can find this under the heading of customer service and the associated provisions.
2) The offer is without obligation. The entrepreneur is entitled to change and adapt the offer, in particular when this is necessary on the basis of (legal) regulations.
3) The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4) All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5) Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6) Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer, all this after acceptance of your order by Deco Home and Garden, which is entitled to refuse orders if to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Deco Home and Garden will communicate this within ten (10) working days after receipt of the order.
Article 3 - The agreement
1) If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement provided that he ensures that the entrepreneur can reach him/her electronically.
2) If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
3) The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation, unless expressly stipulated otherwise. If an order is not accepted, Deco Home and Garden will communicate this within ten (10) working days after receipt of the order.
4) The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a) The visiting address of the entrepreneur's establishment
b) The stated prices for the products and services offered are in euros, including VAT and excluding handling and shipping costs, any taxes or other levies,
unless stated otherwise or agreed in writing.
c) Payment can be made by prepayment, when paying by bank or giro, the date of payment is the date of crediting the bank account of Deco Home and Garden
d) If you are in default with any payment, Deco Home and Garden is entitled to suspend or dissolve (the implementation of)
the relevant agreement and related agreements.
e) If the prices for the products and services offered increase in the period between the order and its execution,
you are entitled to cancel the order or dissolve the agreement within ten (10) days after notification of the price increase by Deco Home and Garden
f) The conditions under which and the manner in which the consumer can make use of the right of withdrawal,
or a clear statement regarding the exclusion of the right of withdrawal;
5) Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
6) The delivery times specified by Deco Home and Garden are only indicative. Exceeding any delivery term does not entitle you to compensation or the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery term is such that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary. When an item will be delivered later, you will receive an email about this.
Article 4 - Right of withdrawal
1) When purchasing products, the consumer has the option of dissolving the contract without giving reasons during 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2) During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3) If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by means of another means of communication, such as by e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days.
Article 5 - Costs in case of withdrawal
1) If the consumer makes use of his right of withdrawal, the costs of return will be borne at most, unless stated otherwise under customer service and then under the heading "Returns"
2) If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer in good condition. Reimbursement will be made via the same payment method used by the consumer, unless the consumer gives explicit permission for a different payment method.
3) In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
Article 6 - Exclusion right of withdrawal
1) The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement, see also the associated provisions described under the heading "customer service".
2) Exclusion of the right of withdrawal is only possible for products;
a) Created by the entrepreneur in accordance with the consumer's specifications
b) Which are clearly personal in nature
c) Which cannot be returned due to their nature
d) Products that have been picked up, see under the heading "returns" at customer service
e) Composite products such as door fittings
f) Stable windows with custom glass
3) You have the obligation to examine upon delivery whether the products comply with the agreement. If this is not the case, you must inform Deco Home and Garden of this as soon as possible after delivery, at least after observation was reasonably possible, in writing via email and with reasons.
4) If it has been shown that the products do not comply with the agreement, Deco Home and Garden has the choice to replace the products in question with new products against their return or to refund the invoice value.
Article 7 - The price
1) During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
2) Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
3) Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4) Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a) These are the result of legal regulations or provisions; or
b) The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5) The prices stated in the offer of products or services include VAT.
6) All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 8 - Conformity and warranty
1) The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2) A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3) Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 1 month after delivery. Return of the products must be in the original packaging and in new condition.
4) The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5) The warranty does not apply if:
a) The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
b) The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur
and/or have been treated on the packaging
c) The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Article 9 - Delivery and performance
1) The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2) The place of delivery is the address that the consumer has made known to the company in writing and the company name is entitled to send all orders to that address, unless you inform Deco Home and Garden in writing of another address to which your orders should be delivered.
3) With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4) All delivery times are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
5) In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6) If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
7) The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur, unless expressly agreed otherwise.
8) Without prejudice to its other rights, Deco Home and Garden has the right in case of force majeure, at its own discretion, to suspend the execution of your order or to dissolve the agreement without judicial intervention, by written notice to you. and without the entrepreneur being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness, force majeure means any shortcoming that cannot be attributed to Deco Home and Garden, because it is not attributable to its fault and is not for its account under the law, legal act or generally accepted views.
9) If one or more of the provisions of these Terms and Conditions or any other agreement with Deco Home and Garden should be in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a provision fixed by Deco Home and Garden. new legally permissible comparable provision to be made.
10) Deco Home and Garden is authorized to use third parties for the execution of your order(s).
Article 10 - Payment
1) Unless otherwise agreed, the amounts owed by the consumer must be paid before products and/or services are delivered.
2) The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
3) In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
4) If you are in default with any payment, Deco Home and Garden is entitled to suspend or dissolve (the implementation of) the relevant agreement and related agreements.
Article 11 - Complaints procedure
1) The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2) Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
3) Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4) If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5) In the event of complaints, a consumer must first turn to the entrepreneur.
6) A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7) If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge or refund the purchase price.
Article 12 - Disputes
1) Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
2) All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.
3) The Vienna Sales Convention does not apply.
Article 13 – Additional or deviating provisions
1) Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
2) Retention of title, the ownership of delivered products is only transferred if you have paid all that you owe to Deco Home and Garden under any agreement. The risk with regard to the products is already transferred to you at the time of delivery.
3) Intellectual and industrial property rights, you must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by Deco Home and Garden, Deco home and Garden does not guarantee that the products delivered to you do not infringe any (unwritten ) intellectual and/or industrial property rights of third parties.
Article 14 - Identity of the entrepreneur
Pay attention!
There is no physical store at the address below, viewing items or picking up by appointment only,
our warehouses are 10 km across the border (near Enschede), in Germany and can also only be visited by appointment (about 10 minutes near Gronau (Nordrhein-Westfalen) with Dutch & German employees. (Dutch, German and English spoken)
Deco Home and Garden
Dorpsstraat 120
1731 RJ Winkel (NH)
The Netherlands
Mobile; +31(0)683603899
Email; info@decohomeandgarden.com
Website; www.decohomeandgarden.com
Chamber of Commerce; 9218787
VAT No; NL004706859B85
With regard to returns, net export, collection, delivery, door fittings, custom glass, ….. ect; see the section “Customer service”
