General terms and conditions The Loods

Definitions

  1. The Loods: Rennalds, established in Hierden, Chamber of Commerce no. 76040755.
  2. Customer: the person with whom The Loods has entered into an agreement.
  3. Parties: The Loods and customer together.
  4. Consumer: a customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of The Loods.  
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Offers and quotations

  1. Offers and quotations from The Loods are without engagement, unless expressly stated otherwise.
  2. An offer or quotation is valid for a maximum period of 3 days from its date, unless another acceptance period is stated in the offer or quotation. 
  3. If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
  4. Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.

Acceptance

  1. Upon acceptance of a quotation or offer without engagement, The Loods reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer. 
  2. Verbal acceptance of the customer only commits The Loods after the customer has confirmed this in writing (or electronically).

Prices

  1. All prices used by The Loods are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. The Loods is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 
  3. Increases in the cost prices of products or parts thereof, which The Loods could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 
  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / models 

If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

Payments and payment term

Products are immediately paid for in the store or website.

Consequences of late payment

  1. If the customer does not pay within the agreed term, The Loods is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to The Loods. 
  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 
  4. If the customer does not pay on time, The Loods may suspend its obligations until the customer has met his payment obligation. 
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of The Loods on the customer are immediately due and payable. 
  6. If the customer refuses to cooperate with the performance of the agreement by The Loods, he is still obliged to pay the agreed price to The Loods. 

Right of recovery of goods 

  1. As soon as the customer is in default, The Loods is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. The Loods invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to The Loods, unless the parties agree to make other arrangements about this. 
  4. The costs for the collection or return of the products are at the expense of the customer.

Right of cancellation 

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
  2. the product has not been used
  3. it is not a product that can spoil quickly, like food or flowers
  4. the product is not specially tailored for the consumer or adapted to its special needs
  5. it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
  6. the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
  7. the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,
  8. the product is not a separate magazine or a loose newspaper
  9. the purchase does not concern an (assignment to) urgent repair
  10. the consumer has not renounced his right of cancellation
  11. The reflection period of 14 days as referred to in paragraph 1 commences:
    1. on the day after the consumer has received the last product or part of 1 order
    1. as soon as the consumer has received the first the product of a subscription
    1. as soon as the consumer has purchased a service for the first time
    1. as soon as the consumer has confirmed the purchase of digital content via the internet
  12. The consumer can notify his right of cancellation via info@theloods.com, if desired by using the withdrawal form that can be downloaded via the website of The Loods, www.theloods.com.
  13. The consumer is obliged to return the product to The Loods within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse. 
  14. The costs for return are due The Loods if the complete order is returned.
  15. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, The Loods will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to The Loods in time.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention 

  1. The Loods can appeal to his right of retention of title and in that case retain the products sold by The Loods to the customer until the customer has paid all outstanding invoices with regard to The Loods, unless the customer has provided sufficient security for these payments. 
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to The Loods.
  3. The Loods is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement 

The customer waives his right to settle any debt to The Loods with any claim on The Loods. 

Retention of title 

  1. The Loods remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to The Loods under whatever agreement with The Loods including of claims regarding the shortcomings in the performance.
  2. Until then, The Loods can invoke its retention of title and take back the goods. 
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
  4. If The Loods invokes its retention of title, the agreement will be dissolved and The Loods has the right to claim compensation, lost profits and interest.

Delivery 

  1. Delivery takes place while stocks last.
  2. Delivery takes place at The Loods unless the parties have agreed upon otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer. 
  4. If the agreed price is not paid on time, The Loods has the right to suspend its obligations until the agreed price is fully paid. 
  5. In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by The Loods.

Delivery within The Netherlands

  1. Unless otherwise agreed The Loods delivers to the ground floor only.
  2. It is the customers responsibility to be present at the delivery address to receive the delivery. If no one is present upon the agreed time of delivery The Loods will not deliver the product(s) and a delivery fee of €90,00 will be added and will have to be paid in full prior the second delivery attempt.
  3. No rights can be derived from the agreed delivery time. De Loods retains the right to adjust the delivery day and time in the event of circumstances including but not limited to weather, traffic or other any other circumstances.

Delivery period

  1. Any delivery period specified by The Loods is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
  2. The delivery period starts after the customer has signed the agreement to The Loods and is confirmed in writing or electronically by The Loods to the customer. 
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless The Loods cannot deliver within 30 days or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs 

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

Packaging and shipping 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which The Loods may not be held liable for any damage.
  2. The customer must examine the product for any damage prior to accepting the delivery. If there is any damage to the product a note must be drawn up by the forwarder or delivery person immediately before accepting the delivery. In case of damage to the product The Loods needs to be notified at info@theloods.com the same day of receiving the product. Failing which The Loods cannot be held liable for any damage. 
  3. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to The Loods, failing which The Loods cannot be held liable for any damage.  

Insurance

Storage 

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.  

Exchanges and Returns

  1. Exchange or return is only possible if the following conditions are met:
  2. Exchange or return takes place within 14 days after purchase upon presentation of the original invoice
  3. the product is returned in the original packaging or with the original (price) tags still attached to it 
  4. the product has not been used
  5. An exchange or return is only possible if a request is made prior to The Loods at info@theloods.com by the customer and accepted by The Loods.
  6. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer cannot be exchanged.

Indemnity

The customer indemnifies The Loods against all third-party claims that are related to the products and/or services supplied by The Loods. 

Complaints

  1. The customer must examine a product or service provided by The Loods immediately upon receiving for possible shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform The Loods of this as soon as possible, but in any case within 14 days after the discovery of the shortcomings. 
  3. Consumers must inform The Loods of this within 14 days after detection of the shortcomings.
  4. The customer gives a detailed description as possible of the shortcomings, so that The Loods is able to respond adequately. 
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this can in any case not lead to The Loods being forced to perform other work than has been agreed. 

Giving notice

  1. The customer must provide any notice of default to The Loods in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches The Loods (in time). 

Joint and several Client liabilities

If The Loods enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to The Loods under that agreement. 

Liability of The Loods

  1. The Loods is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.  
  2. If The Loods is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3. The Loods is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If The Loods is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from The Loods shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

  1. The customer has the right to dissolve the agreement if The Loods imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
  2. If the fulfillment of the obligations by The Loods is not permanent or temporarily impossible, dissolution can only take place after The Loods is in default. 
  3. The Loods has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give The Loods good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of The Loods in the fulfillment of any obligation to the customer cannot be attributed to The Loods in any situation independent of the will of The Loods, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from The Loods . 
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  3. If a situation of force majeure arises as a result of which The Loods cannot fulfill one or more obligations towards the customer, these obligations will be suspended until The Loods can comply with it. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
  5. The Loods does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Changes in the general terms and conditions

  1. The Loods is entitled to amend or supplement these general terms and conditions. 
  2. Changes of minor importance can be made at any time. 
  3. Major changes in content will be discussed by The Loods with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

  1. The customer can not transfer its rights deferring from an agreement with The Loods to third parties without the prior written consent of The Loods . 
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what The Loods had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties. 
  2. The Dutch court in the district where The Loods is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 22 november 2019.