General conditions

Article 1 – Definitions.

In these terms and conditions, the following definitions shall apply:

1. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;
5. Reflection period: the period within which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Entrepreneur Identity:

Brass atelier de Wilde B.V.
Spoordwarstraat 6K
8271RD IJsselmuiden
Phone: (00) 31(0) 383332801
www.brassatelierdewilde.nl
info@brassatelierdewilde.nl
Chamber of Commerce number: 95096817
VAT number: NL866998433B01

Article 3 – Applicability.

3.1. These general terms and conditions apply to all offers and/or contracts by Brass studio De Wilde (hereafter called “De Wilde”). In these general terms and conditions, “buyer” also includes client.

Article 4 – Offer and agreement

4.1. All offers by De Wilde are without obligation unless expressly agreed otherwise in writing with the buyer.

4.2. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

4.3. The offer contains a description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4.4. Verbal commitments or agreements by or with its personnel only bind De Wilde after and insofar as it has confirmed them in writing.

4.5. The agreement is established at the time of the consumer’s acceptance of the offer and the fulfillment of the conditions set forth therein.

4.6. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. Until the receipt of this acceptance is confirmed, the consumer can dissolve the agreement.

4.7. If the agreement is established electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.

4.8. The entrepreneur can inform himself – within legal frameworks – 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 grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.

4.9. For all offers, the offer price is valid while supplies last.

Article 5 – Prices

5.1. Prices quoted by De Wilde are without obligation. De Wilde has the right to change prices. If the prices of the articles and services offered increase in the period between the time you order and the execution of the order by De Wilde, you have the right to cancel the order or dissolve the contract within twenty-one days of notification of the price increase by De Wilde.

5.2. The prices stated for the items and services offered are in euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed upon in writing.

5.3. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

5.4. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This bond to fluctuations and the fact that any prices quoted are target prices are stated with the offer.

5.5. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.

5.6. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

1. (a) they result from statutory regulations or provisions; or
2. (b) the consumer has the authority to terminate the contract by the day on which the price increase takes effect.

Article 6 – Payment

6.1. Payment by the buyer shall be made within the period specified on the quotation and/or invoice and in the manner specified therein. Seller shall at all times be entitled to require prepayment, down payment, cash payment, or otherwise adequate security for payment from Buyer. If Buyer refuses to comply with Seller’s request to that effect, Seller shall be entitled to suspend delivery and/or rescind the Agreement without judicial intervention by means of a written statement.

6.2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

6.3. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.

6.4. In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 7 – Delivery and execution

7.1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

7.2. The place of delivery is the address that the consumer has made known to the company.

7.3. Subject to what is stated in this regard in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be notified no later than one month after the order was placed. In this case, the consumer has the right to dissolve the contract without cost and the right to possible damages.

7.4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.

7.5. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, clear and understandable notice will be given that a replacement item is being delivered. Replacement items cannot exclude the right of withdrawal. The cost of return shipping shall be borne by the entrepreneur.

7.6. The risk of transport damage and/or loss of products rests with the sending party until the time of delivery, unless expressly agreed otherwise.

Article 8 – Warranty and liability

8.1. The Seller does not provide any other or more extensive warranty on the goods delivered to the Buyer than that received by the Seller from its suppliers or other third parties who have made the goods in question available to the Seller.

8.2. Any claim under the warranty shall lapse if the buyer makes changes or repairs to the goods or has them made by third parties without the seller’s prior written consent; the goods are or have been used for purposes other than those agreed upon; or have otherwise been inexpertly handled or maintained by the buyer.

8.3. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for fourteen days. This period begins on the day after receipt of the product by or on behalf of the consumer.

8.4. During this period, the consumer will handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

8.5. If the buyer’s objections are found to be justified by De Wilde, De Wilde has the right either to replace the goods, or to repair them free of charge, or to apply a reasonable price reduction, or to (partially) dissolve the contract, at the discretion of De Wilde.

Article 9 – Costs in case of withdrawal

9.1. If the consumer exercises his right of withdrawal, at most the cost of return shipment shall be borne by him.

9.2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 10 – Complaints procedure

10.1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.

10.2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified the defects.

10.3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the operator will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.

Article 11 – Retention of title.

11.1. De Wilde retains ownership of the goods delivered and to be delivered until its claims concerning the goods delivered and to be delivered have been paid in full by the buyer, including claims for shortcomings in fulfilling one or more contracts.

Article 12 – Final provisions

12.1. All agreements of Seller as well as all disputes between Seller and Buyer resulting from the execution thereof or related thereto shall be governed exclusively by Dutch law.

12.2. In case of invalidity or nullity of any provision of these general terms and conditions, the remaining provisions of these general terms and conditions shall remain in full force and effect.

12.3. Shipping costs to foreign countries may be recalculated at any time.