General terms and conditions

GENERAL TERMS AND CONDITIONS OF DELIVERY AND PAYMENT

Article 1 – Conditions

These conditions apply to all our offers and agreements.

Article 2 – Agreements
  1. All offers and quotations expire after 30 days, unless otherwise stated.
  2. The agreement is binding after the client has returned the signed agreement, unless De WarmeMat indicates within 8 days after receipt of the signed agreement that an adjustment to the agreement must take place. In that case, De WarmeMat will send a new quotation to the client.
  3. These general terms and conditions apply unless De WarmeMat has indicated in writing that it accepts other conditions.
Article 3 – Prices
  1. All prices include VAT unless otherwise stated.
  2. If, after concluding an agreement, its suppliers implement a price increase of more than 5%, De WarmeMat is entitled to pass this increase on to the client.
Article 4 – Delivery time and delivery
  1. When making an offer, De WarmeMat takes into account the delivery times indicated by the supplier. De WarmeMat has an obligation to deliver within the indicated terms.
  2. The client is not entitled to any compensation, in any form whatsoever, in the event of exceeding the specified delivery time, unless this is the direct and immediate result of gross negligence or neglect on the part of De WarmeMat.
  3. Due to exceeding the delivery time, the client cannot terminate the agreement and cannot refuse receipt and/or payment of the goods to be delivered.
  4. The choice of transport rests with the client.
  5. Ordered items that have not been collected due to the actions of the client after the expiry of the specified delivery time will be stored at the expense and risk of the client.
Article 5 – Quality, properties and complaints
  1. Visible defects must be reported by the client immediately upon receipt; in the case of delivery, this must be noted on the enclosed document. Defects that cannot be detected immediately upon receipt must be reported in writing to De WarmeMat as soon as possible, but in any case within 8 days of receipt. Minor unavoidable deviations that are considered acceptable in trade cannot be grounds for complaints.
  2. For deliveries that are made on the basis of a sample, that sample shall be considered as the determination of the average quality of the goods. If that is not the case, the relevant provisions of the suppliers of De WarmeMat shall apply to the nature and quality of the delivered goods.
  3. De WarmeMat is bound to the warranty conditions as provided by the manufacturer towards the client.
  4. In the event of defects in the delivered goods, the client only has claims against De WarmeMat, insofar as the goods have not yet been processed.
Article 6 – Liability
  1. If De WarmeMat is obliged to pay any damages under this agreement or otherwise, this will amount to a maximum of the invoice value, or redelivery of goods, at the discretion of De WarmeMat, insofar as it is able to deliver similar goods.
  2. De WarmeMat is never liable for consequential damage and indirect business damage, stagnation damage, delays in construction, loss of orders, loss of profits, processing materials and the like.
  3. The client himself bears the responsibility for the constructions and methods prescribed by or on behalf of him. The client is responsible for building materials or materials made available by him, or prescribed by him.
  4. De WarmeMat is never liable for improper, bad work performed by third parties. This also applies if the external company has been hired by De WarmeMat.
  5. De WarmeMat is not liable for damage. The repair costs cannot be recovered from De WarmeMat.
Article 7 – Activities
  1. Delays in the commencement or progress of the work for which the client is responsible cannot be attributed to De WarmeMat. The resulting damage and costs will be charged to the client by De WarmeMat.
Article 8 – Force Majeure
  1. De WarmeMat has the right to extend the delivery time or to terminate the agreement if timely delivery is not possible due to force majeure.
  2. Force majeure is understood to mean war, riots, disturbances, molestation, strikes and lockouts, natural disasters, disruption and/or stagnation of supply, breakage of machines and/or tools, government measures, as well as any circumstance that makes it reasonably impossible for De WarmeMat to perform in a normal manner.
Article 9 – Retention of title
  1. The ownership of the goods sold and delivered remains with De WarmeMat until the client has fulfilled all obligations arising from the agreements.
  2. In the event that De WarmeMat has terminated the agreement, it will be entitled to unhindered access to the goods, whereby the client undertakes to provide De WarmeMat with all cooperation in order to exercise this retention of title by taking back the delivered goods.
Article 10 – Right of withdrawal/Cancellation
  1. You have the right to cancel your order up to 14 days after receipt without giving any reason. After cancellation, you have another 14 days to return your product. You will then be credited with the full order amount including shipping costs. Only the costs for returning from your home to the webshop are at your own expense. These costs amount to approximately 6.95 per package, please consult your carrier's website for exact rates . If you makes use of your right of withdrawal, the product will be returned to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging. To use this right, you can contact us via info@dewarmemat.nl We will then refund the order amount due within 14 days of notification of your return, provided that the product has already been returned in good order.
  2. Products that you buy via the webshop De WarmeMat and that are custom made according to the specifications you entered. The right of withdrawal does not apply. The sale is hereby final after successful payment.
  3. In case of cancellation of the agreement and/or refusal to accept the ordered items, the client is obliged to pay De WarmeMat the agreed price of the items already purchased by De WarmeMat (whether or not processed). Furthermore, the client is obliged to pay De WarmeMat compensation of 30% of the agreed price.
  4. The client indemnifies De WarmeMat against claims from third parties as a result of cancellation and/or refusal to accept delivery.
Article 11 – Warranty
  1. Upon presentation of the invoice, De WarmeMat provides a guarantee for the performance of its work/product, provided that normal use and proper maintenance have taken place.
  2. De WarmeMat is not liable for consequential damage.
  3. Products for which it has been agreed in advance in writing that return of (part of) the delivery is possible, must be offered within 14 days after delivery upon presentation of the purchase receipt. Products not available from stock, such as custom-made products, will not be returned.

  4. If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur via https://www.webwinkelkeur.nl/consument/geschil/ . As of 15 February 2016, it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr . If your complaint is not yet being handled elsewhere, you are free to file your complaint via the European Union platform.

Article 12 – Payment
  1. Counter sales by cash payment.
  2. Agreed installment payments: 50% of the total price; remainder immediately upon delivery.
  3. In all other cases, De WarmeMat applies a payment term of 14 days after the invoice date, unless a different payment term is stated on the invoice.
  4. After the payment term has expired, the client owes De WarmeMat an interest of 1% per month, without any notice or notice of default being required.
  5. All costs associated with judicial and extrajudicial collection activities shall be borne by the client, which costs shall amount to at least 15% of the claim submitted for collection.
Article 13 – Disputes
  1. Disputes shall be submitted for settlement to the court of The Hague at the choice of the most ready party, unless the law opposes this.