general conditions
General sales and delivery conditions of thomas eyck1. General provisions
1.1 These terms and conditions apply to all offers made and goods provided by thomas eyck and/or all agreements concluded with its customers, either verbally, via the website of thomaseyck.com or in writing or confirmed by thomas eyck, unless expressly and insofar as provided otherwise in writing.
1.2 Unless expressly agreed upon otherwise, thomas eyck shall not be bound by any terms and conditions imposed by or observed by the customer.
2. Definitions
2.1 Pursuant to these terms and conditions, the term Customer is understood to mean all natural persons or legal persons who have instructed thomas eyck to deliver products or carry out specific work to such products.
3. Offers and quotations
3.1 All offers and quotations issued by thomas eyck are without obligation and are valid for 30 days following issue. Any agreement between thomas eyck and the customer can only be concluded after thomas eyck has accepted and/or confirmed the order or instructions issued by the customer and any other special agreements in writing, either via the thomas eyck website, and/or thomas eyck has commenced delivery of the products.
3.2 In the event of any discrepancies between the order placed by the customer or the instructions issued by the customer and thomas eyck written e-mail confirmation, only confirmation by thomas eyck shall be deemed binding.
3.3 thomas eyck is authorised to suspend the agreement with its customers in part or in full if thomas eyck has valid and reasonable grounds for doing so on the basis of the customer's financial situation, without prejudicing thomas eyck’s right to damages if there are sufficient grounds for doing so. The customer shall not be entitled to claim damages.
4. Communication
4.1 thomas eyck assumes no liability for the incorrect and/or delayed processing of customer order details and notifications resulting from the use of the Internet or any other communication tool between the customer and thomas eyck and/or between thomas eyck and third parties, insofar as pertaining to the relationship between thomas eyck and the customer.
5. Delivery times
5.1 Although thomas eyck shall endeavour to honour the specified delivery dates, the specified dates do not constitute firm dates, unless agreed upon in writing. Orders placed via thomas eyck’s online domains are subject to a maximum delivery period of 30 days, unless otherwise agreed upon in writing. If the delivery date is not feasible, the customer will be notified accordingly as soon as possible, and offered the opportunity to dissolve the agreement. Any payments made will be refunded within 14 days of the agreement being dissolved, and sent to an account specified by the customer.
5.2 The customer shall not be entitled to any compensation if the delivery time is exceeded.
6. Returning goods
6.1 Orders placed via thomaseyck.com online are subject to a 14-day cooling off period following receipt of the delivered products, unless otherwise provided for. The customer is entitled to return the ordered product without stating grounds, provided the following conditions have been met:
a. The delivered product has not been damaged and/or installed or fitted.
b. The delivered product has not been used and is returned in a sellable condition.
c. Special products made to order are considered custom-made and can therefore not be returned.
d. Any services, which thomas eyck has commenced with the customer's approval before the end of the cooling-off period, cannot be cancelled.
6.2 All costs incurred in returning the receiving goods shall be borne by the customer. All costs passed on to thomas eyck as a result of online payments made by the customer for returning the product(s) shall also be borne by the customer.
6.3 The order will be cancelled following receipt of the returned product(s). Any payments made to date will be refunded within 30 days of the agreement being dissolved, and sent to an account specified by the customer.
6.4 thomas eyck must be notified in writing of any order cancellations.
7. Collection, transport
7.1 thomas eyck reserves the right to select a preferred transport method, unless otherwise agreed upon or unless the customer wishes to collect (have collected) the products from the thomas eyck warehouse.
8. Assembly and installation/project design and arrangement
8.1 If agreed, the assembly, installation or project design (hereinafter referred to as "work") of the products supplied by thomas eyck shall be carried out in an area/areas specified by thomas eyck for an agreed fee. Work carried out by or on behalf of thomas eyck applies solely to the goods delivered by thomas eyck, unless otherwise agreed upon in writing.
8.2 Work carried out by or on behalf of thomas eyck shall not be carried out outside normal working hours and/or working days, unless otherwise agreed upon.
8.3 The customer shall ensure that the area(s) in which the work is to be carried out is/are easily accessible. In the event of a delay to the work or any other disruption, through no fault of thomas eyck, thomas eyck is entitled to charge the customer for the additional costs incurred at the applicable rates.
8.4 With regard to work carried out to goods and products other than those delivered by thomas eyck, thomas eyck cannot vouch for or guarantee the quality of those products, nor the quality and durability of the assembled or fitted installation as a whole.
8.5 The customer is responsible for correctly connecting, pulling through and/or installing cables, leads and other connecting devices and power points of (electronic) equipment, and for all other infrastructural facilities of the area(s) in which the assembly, installation or arrangement work is to take place.
8.6 The customer indemnifies thomas eyck against any damage to the products as a result of any defects to the infrastructural facilities as referred to in the above paragraph.
8.7 The customer must notify thomas eyck in writing within 8 days of the work being completed of any complaints or claims relating to perceivable defects as a result of the work carried out. The customer must notify thomas eyck in writing within 30 days of the work being completed of any hidden defects relating to the assembly, installation or project design.
9. Price
9.1 Unless explicitly agreed upon otherwise, the "ex warehouse" prices charged by thomas eyck are in Euros.
10. Payment
10.1 Unless otherwise agreed upon, the customer shall settle the agreed invoice amount prior to delivery, without being entitled to any discounts or to invoke the right of setoff and/or any other deduction, unless explicitly agreed upon otherwise.
10.2 Should the customer after the end of the credit period fail to settle the agreed invoiced amount in full, the customer shall be considered to be in default of payment, without any notice of default being required.
10.3 During the default period as referred to in the above paragraph, the customer will be charged interest on the outstanding amount, equal to the prevailing interest rate plus 1.5%.
10.4 All judicial and extra judicial costs incurred in collecting the monies owed by the customer, including the costs of legal assistance, shall be borne by the customer. The extra judicial costs are at least 15% of the invoice amount.
10.5 All payments made by the customer shall firstly serve to settle all interest and costs owed, and secondly to settle all longest outstanding invoices, irrespective of whether the customer specified that the payment relates to a later invoice. Invoices with the same date will be paid proportionally.
11. Retention of title
11.1 thomas eyck retains title to all the goods delivered by him until such time that the customer has settled his payment obligations in full regarding those goods, any work carried out (to such goods), and any claims arising from his failure to perform an obligation under the agreement. Until such time that all the payments have been made, the customer solely reserves the right to dispose of the goods for personal use. Under no circumstances is the customer entitled to encumber, sell or in any other way make the goods available to third parties.
11.2 The customer shall respect the intellectual property rights pertaining to the products delivered by thomas eyck in full and unconditionally. thomas eyck cannot guarantee that the products delivered to the customer do not infringe any (unwritten) intellectual and or industrial property of third parties.
11.3 thomas eyck is irrevocably authorised, without giving notice, to remove or have removed the goods delivered to the customer yet which are the property of thomas eyck in the following instances:
a. The customer is more than 2 months in default by operation of law; b. The customer requests suspension of payment and/or has filed for bankruptcy; c. The customer's assets are seized;
11.4 In the event of removal of said goods, the customer's account will be credited with the purchase price of the goods delivered by thomas eyck, following deduction of 25% for costs and damage, without prejudicing further rights to compensation.
12. Quality and guarantee
12.1 The customer must notify thomas eyck in writing within 8 days of the goods being delivered of any claims for compensation relating to the delivered products.
12.2 thomas eyck guarantees and vouches for the accepted quality requirements of the delivered goods, subject to normal use. thomas eyck can only guarantee the specific quality requirements or quality standards of the delivered goods, insofar as these requirements and standards have been expressly agreed upon. Under no circumstances can thomas eyck, including when delivering a sample of the product, guarantee that the delivered good is suitable for the purpose for which the customer wishes to use, dispose of or process the delivered goods. thomas eyck assumes no liability whatsoever for any advice, information, calculations or other instructions provided or issued by or on behalf of thomas eyck, relating to the delivered goods.
12.3 Insofar as the customer has a substantiated complaint relating to the quality requirements or quality standards, thomas eyck, at his discretion, shall repair or replace the delivered product with a similar product.
12.4 thomas eyck assumes no liability whatsoever, other than the liability as referred to in the above paragraph, for any damage to the goods delivered to the customer, insofar as these are consistent with any mandatory legal provisions. Any liability arising from a wrongful or unlawful act on the part of thomas eyck or his (supervisory) subordinates, thomas eyck’s liability in the event of death or bodily injury is limited to a maximum of € 50.000,00
12.5 With regard to goods sourced from third parties, if so agreed upon, thomas eyck’s liability is limited to the third party's liability and to the extent to which Goods expressly acknowledges his liability. This provision shall only take effect if it is considered to work more in the customer's favour than the provisions of the previous paragraph
13. Non-attributable shortcomings
13.1 thomas eyck reserves the right, at his discretion, to declare the agreement with the customer dissolved, and to notify the customer accordingly in writing, and/or to suspend the agreement, without the customer being entitled to any compensation, if the performance of the agreement is impeded or hindered as a result of Force Majuro. The term Force Majuro is understood to mean:
a. Interruption of operations or breakdown of whatever nature, including any circumstances which in all reasonableness cannot be attributed or imputed to thomas eyck; b. Delayed or late delivery of thomas eyck. c. Transport difficulties or interruptions of whatever nature, hindering or impeding transport from or to thomas eyck’s location, insofar as these difficulties or interruptions cannot be attributed or imputed to thomas eyck according to common opinion.
14. Exclusion from operation of precedent
14.1 thomas eyck’s decision to permit deviations to these general terms and conditions for a longer or shorter period of time does not prejudice his right to demand direct and strict compliance with these terms and conditions. Under no circumstances is the customer entitled to enforce any right resulting from thomas eyck’s decision to adopt a flexible approach to these terms and conditions.
15. Disputes and applicable law
15.1 Any disputes arising between thomas eyck and the customer are governed solely by the laws of the Netherlands. 15.2 All disputes, arising from or relating to an agreement or its conclusion with a customer based in the Netherlands, shall be settled by the competent court of the place of business of thomas eyck, unless the customer, within a month of thomas eyck invoking a stipulation in writing, chooses to have the dispute settled by a court which has jurisdiction according to the law. 15.3 All disputes, arising from or relating to an agreement or its conclusion with a customer not based in the Netherlands, shall be settled by an independent third party, appointed by mutual agreement in accordance with the Arbitration Regulations of the Netherlands Arbitration Institute [Dutch: Nederlands Arbitrage Instituut]. Should the parties be unable to reach a consensus on the arbitrator, both parties will nominate an arbitrator. The appointed arbitrators will jointly settle the dispute in accordance with the Arbitration Regulations of the Netherlands Arbitration Institute [Dutch: Nederlands Arbitrage Instituut]. These general terms and delivery conditions of 0900-design are also available on request via:
thomas eyck
Ropsterwei 14
9137 RH Oosternijkerk
The Netherlands
Tel: +316.228.038.86
E-mail address: info@thomaseyck.com
Internet: www.thomaseyck.com
CoC: 334262559
VAT: NL177044184B01