Terms and conditions Het Paradijs
1 Applicability of these terms and conditions
1.1 These terms and conditions apply, with the exclusion of any other terms and conditions, to all offers, agreements and supplies regarding Het Paradijs marketed or offered products.
1.2 The agreement to a customized order, the acceptance of an offer or the placing of an order means that you accept the applicability of these terms and conditions.
2.1 In these terms and conditions the following definitions are used:
a the designers, called Het Paradijs who sells products;
b. buyer, the counterparty of Het Paradijs;
c. consumer, the buyer who is not acting in the exercise of a profession or business;
d. consumer purchase, the sale between Het Paradijs and consumers;
e. distance selling, the consumer purchase whereby the agreement is concluded via Internet, phone, fax or mail;
3 Identity of Het Paradijs
6822 GH Arnhem
KvK (commercial) number: 09205313
VAT number: NL 821170351 B01
4 Offers and Agreements
4.1 The offer or pricing is non-committal, unless it concerns a consumer purchase, and is valid for the specified term or while supplies last.
4.2 Prices of concluded agreements exclude VAT.
4.3 Unless Het Paradijs explicitly expressed a different method of creation, agreements between Het Paradijs and the buyer are established by written confirmation from Het Paradijs, including a confirmation by e-mail. An automatic electronically generated receipt does not qualify as such confirmation. Het Paradijs reserves the right to refuse an order.
4.4 Het Paradijs is authorized to make use of third parties in the implementation of the agreement. All rights and claims as defined by these terms and conditions and any further agreements that are stipulated on behalf of Het Paradijs, apply equally on behalf of the designer’s intermediaries and other third parties.
5 Price Changes
5.1 If after the conclusion of the agreement the prices of raw materials, wages, import duties, taxes or other external costs (whether or not as a result of currency fluctuations) increase, is Het Paradijs entitled to adjust the purchase price to match this increase of costs.
5.2 Het Paradijs will notify the buyer as soon as possible in occurrence of such circumstance, after which the buyer is entitled to dissolve the agreement, unless it is stipulated that the delivery takes place after more than 3 (three) months after the sale, or when the increase is the result of a statutory increase.
6.1 Specified (delivery)times do not apply as deadlines, unless expressly agreed in writing. When a term is exceeded, the purchaser must therefore provide a written notice of default of Het Paradijs.
6.2 If Het Paradijs needs data from the buyer for the implementation of the agreement, or if (partial) advance payment is stipulated, the delivery period only commences after Het Paradijs has received the correct and full data respectively the advance payment.
6.3 Delivery to non-consumers takes place at the moment that the products have left the storage of Het Paradijs. Delivery to consumers takes place at the by the buyer provided address at the moment of conclusion of the agreement, delivery due to absence at the post office or absence of the by the buyer specified neighbors/third included. The risk of the products is for the buyer once delivered.
6.4 If the buyer refuses delivery Het Paradijs is entitled to charge the buyer for the resulting costs. In addition, Het Paradijs has in that case the right to dissolve the agreement, without prejudice to the right to claim full compensation.
6.5 All our packages are delivered by Post NL, shipping costs for products send within the Netherlands or send abroad will be borne by the buyer.
6.6 The delivery of packages outside the European Union may be charged with customs clearance costs by customs of the country of destination. Het Paradijs has no influence on these costs and these costs are to be borne by the buyer.
7 Reservation of ownership
7.1 All delivered productss remain the property of Het Paradijs until the buyer has fulfilled all his obligations under the agreement towards Het Paradijs.
7.2 If the buyer is acting in the exercise of his profession or business (non-consumer) then applies the following:
a that the buyer only will be allowed to sell these products, that are secured by way of this clause to remain property of Het Paradijs to third parties as part of the normal course of its business;
b. that if the buyer fails to fulfill his obligations as stated in the agreement with Het Paradijs, or if reasonable fear exists within Het Paradijs that the buyer will fail to meet his obligations, is Het Paradijs entitled to reclaim the products delivered to the buyer or third parties, who are holding the products for the buyer. In this case the buyer must cooperate.
8 Dissolution and returns
8.1 The orders may only be changed or canceled with the consent of Het Paradijs. If Het Paradijs has already incurred costs or has costs due tot the changes or cancelation made, then Het Paradijs is entitled to charge these costs to the buyer.
8.2 In case of distance selling, the buyer is entitled to dissolve the sale in writing without explanation within seven working days after the date the product was received. If the sales price has already been paid, it will be refunded as soon as possible but no later than thirty days after the dissolution of the sale unless it is suspected that the returned products have been opened, used or are damaged by fault of the buyer.
8.3 Art 8.2 is not applicable to the distance selling of:
a products which price depends on fluctuations in the financial market at which Het Paradijs has no influence;
b. products that:
1) are established in accordance with the specifications of the buyer;
2) clearly are of personal nature/personalized;
3) by their nature can not be returned;
4) spoil or become obsolete;
c. services provided with the consent of the buyer that have been carried out before the period of seven working days has expired.
8.4 Returning delivered products is only possible after written approval by Het Paradijs, whereby Het Paradijs has the right to give instructions regarding the method of shipment. The direct costs of return shipments of products within the context of this article shall be borne by the buyer, unless expressly agreed otherwise in writing.
9.1 Het Paradijs is at all times entitled to demand (partial) advance payment or cash on delivery.
9.2 If the delivery is made on account, payment of the invoice amount must be made within 14 days, without entitling the buyer to receive a discount or setoff.
9.3 If after the expiration of the payment term Het Paradijs has not received (full) payment, the buyer is in default and owes Het Paradijs interest equal to the statutory rate, as it applies to consumer or business transactions, depending on the nature of the buyer. All costs incurred by Het Paradijs, such as litigation and judicial and extrajudicial costs, including the costs of legal assistance, bailiffs and debt collection agencies, incurred in connection with the late payment of the buyer, shall be borne by the buyer. The extrajudicial costs are set to at least 10% of the invoice amount with a minimum of € 150, – excluding VAT.
9.4 Payments can only be made by the use of a bank transfer, iDeal or Paypal.
10 Suspension and dissolution powers
10.1 In addition to what is provided in case of force majeure (article 14) and in cases described in Article 6, is Het Paradijs authorized to (partly) suspend the fulfilment of its obligations under all agreements existing between the parties, or to dissolve agreements without notice or judicial intervention, wholly or in part:
a if the buyer is in default or when Het Paradijs has good reason to fear that the buyer will not or not completely fulfill his obligations and / or not fulfill them timely;
b. in the event of liquidation, (application of)moratorium, bankruptcy, debt, debt restructuring or any other circumstance whereby the buyer no longer freely dispose of his assets;
c. if circumstances arise which makes fulfillment of the agreement impossible or unaltered maintenance of the agreement can not reasonably be demanded of Het Paradijs.
10.2 The cases as referred to in 10.1 make it moreover possible for Het Paradise to make any obligations of the buyer immediately due and payable, and Het Paradijs will not be held accountable for any compensation. The latter does not apply if the dissolution of the agreement is a result of circumstances not attributable to the buyer.
10.3 When the buyer fails to fulfill the due payment for ordered products is Het Paradijs entitled after 21 days to dissolve the agreement.
11 Warranties and advertisements
11.1 The products supplied by Het Paradijs are made with the greatest possible care and meet the normal requirements and standards that at the time of delivery can reasonably be made and for which they under normal use are intended.
11.2 The buyer is obliged to inspect the products immediately upon receipt. In case of any defects the buyer has to notify Het Paradijs within 10 days – and external defects must be reported immediately- written and reasoned.
11.3 If it is proven that a product does not meet the agreement and the complaint has been filed timely, then Het Paradijs has the choice to either replace the product, or to ensure restoration of the product or to refund the invoice price plus shipping costs.
11.4 All data, models and images concerning colors, materials, sizes and finishes are indicative. Deviations herein constitute no reasons for rejection, reduction, dissolution of the agreement or compensation for damages, if these deviations are of minor importance.
12 Intellectual property rights
12.1 The buyer expressly acknowledges that all rights of intellectual and / or industrial property relating to the products made available to him by Het Paradijs, including any products, materials and information, (the appearance of) samples, packaging, labels, the design, composition and / or specifications of samples, products and intermediates, as well as technical and commercial know-how, models, molds, designs and patterns, are owned by Het Paradijs, its suppliers or other claimants.
12.2 If and insofar Het Paradijs manufactures products or packaging under explicit instructions from the buyer, as by specifications, designs, sketches, models or designs supplied by the buyer, the buyer guarantees that there is no infringement made of third party rights. The buyer indemnifies Het Paradijs for claims brought by third parties and reimburses all costs incurred by Het Paradijs in connection with these claims.
13 Liability for damage
13.1 Het Paradijs is not liable for damage caused:
a by improper use of the delivered product or by the use for a purpose other than that for which it is appropriate, measured by objective criteria;
b. because Het Paradijs acted based on by the buyer, or on behalf of the buyer, provided inaccurate or incomplete information;
c. by third parties enabled at the request or with the consent of the buyer in the implementation of the agreement;
d. by materials or services provided by any third party at the request or with the consent of the buyer, or
e. by misunderstandings, mutilations, delays or improper transmission of orders and messages as a redult of the use of the Internet or any other form of (electronic) communication.
13.2 Only direct to Het Paradijs culpable damage is recoverable. Liability for indirect damage as in any case but not limited to consequential damages, lost profits, mutilated or lost data or materials, reduced yield is excluded. In the case of consumer purchase extends this restriction not beyond which is permitted under Article 7:24 paragraph 2 BW.
13.3 To the extend that Het Paradijs is liable for compensation of damages then it is limited to the maximum of the invoice amount that refers to the (partial) delivery, provided that this amount will not be greater than € 45.000,= and is in any event limited to the amount that the insurance company as the case arises pays to Het Paradijs.
13.4 The buyer indemnifies Het Paradijs for claims of third parties who suffered damage in connection with the execution of the agreement and the cause of this damage is attributable to the buyer.
13.5 The named limitations in Clauses 13.1 t / m 13.4 do not apply if:
a the damage is due to intent or gross negligence of Het Paradijs;
b. there is a case of product liability with regard to a consumer within the meaning of Book 6 Title 3, Section 3 of the BW.
14 Force Majeure
14.1 If Het Paradijs as a result of force majeure is unable to fulfill the agreement, he is entitled to suspend its obligations until the force majeure has ended. If this period lasts longer than two months, then either party may disband the agreement with regard to the products that are affected by the force majeure, without any obligation to pay damages to the other party. The buyer is then obliged to pay for the then already delivered products.
14.2 Force majeure is in these terms understood to include, inter alia, in addition to what is included in the law in jurisprudence, all external causes, foreseen or unforeseen, over which Het Paradijs has no control, and for which Het Paradijs is unable fulfill its obligations.
15 Dutch law and jurisdiction
15.1 Dutch law is applicable to this agreement, even if implementation is given to an agreement wholly or partly abroad or if the buyer is domiciled there. The applicability of the Vienna Sales Convention is excluded.
15.2 In the event of a dispute, the courts of the place where Het Paradijs is located is empowered, unless the law requires otherwise. Nevertheless, Het Paradijs has the right to submit the dispute to the competent according to the law competent court. In case of a consumer purchase the court of the domicile of the buyer is entitled
15.3 The parties will only appeal to the court if they have made every reasonable effort to settle the dispute among themselves.
16 Other provisions
16.1 The Dutch text of these general conditions is decisive for the interpretation.
16.2 Changes and / or additions to these terms and conditions are only valid and applicable if they are in writing. If Het Paradijs uses additional conditions or provisions contrary to these terms and conditions, then these additional conditions will not affect the validity and enforceability of these general terms and conditions.
17.1 Het Paradijs gives no personal data of the buyer to third parties without the buyer’s consent.
Het Paradijs in Arnhem, kvk: 09205313