GENERAL TERMS AND CONDITIONS 2B DESIGN
- 2B Design: 2B Design, located in Nootdorp under Chamber of Commerce no. 80202535.
- Customer: the person with whom 2B Design has entered into an agreement.
- Parties: 2B Design and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of 2B Design.
- Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
- The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.
- All prices used by 2B Design are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
- All prices on which 2B Design uses for its products or services, on its website or that are otherwise made known, can be changed by 2B Design at any time.
- Increases in the cost prices of products or parts thereof, which 2B Design could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples / models
- If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond with the sample or model. .
Consequences not paying on time
- If the customer does not pay within the agreed term, 2B Design is entitled to charge interest of 1% per month from the day that the customer is in default, whereby part of a month is counted as a whole month.
- If the customer is in default, he will also owe extrajudicial collection costs and any compensation to 2B Design.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, 2B Design may suspend its obligations until the customer has fulfilled his payment obligation.
- In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of 2B Design on the customer are immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by 2B Design, he is still obliged to pay the agreed price to 2B Design.
Right of Complaint
- As soon as the customer is in default, 2B Design is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- 2B Design invokes the right of complaint by means of a written or electronic communication.
- As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to 2B Design, unless the parties make other agreements about this.
- The costs for the return or return of the products are for the account of the customer.
Right of withdrawal
- A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- the product has not been used
- it is not a product that can spoil quickly, such as food or flowers
- it is not a product that has been specially tailored or adapted for the consumer
- it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.)
- the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
- the product is not a trip, transport ticket, catering order or form of leisure activity
- the product is not a separate magazine or newspaper
- it does not concern an (order for) urgent repair
- the consumer has not waived his right of withdrawal
- The reflection period of 14 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer receives the first product
- received with a subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed that he will purchase digital content via the internet
- The consumer can make his appeal to the right of withdrawal known via firstname.lastname@example.org, if desired using the withdrawal form that can be downloaded from the website of 2B Design, www.kaarscadeau.eu.
- The consumer is obliged to return the product to 2B Design within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.
- The costs for returning will only be borne by 2B Design if the entire order is returned.
- If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement according to the law, 2B Design will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, on the condition that the consumer
has returned the product to 2B Design on time.
Right of suspension
- Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.
Right of retention
- 2B Design can invoke its right of retention and in that case retain the customer’s products until the customer has paid all outstanding invoices with regard to 2B Design, unless the customer has provided sufficient security for those costs.
- The right of retention also applies on the basis of previous agreements from which the customer still owes payments to 2B Design.
- 2B Design is never liable for any damage that the customer may suffer as a result of making use of his right of retention.
- Unless the customer is a consumer, the customer waives his right to set off a debt to 2B Design against a claim on 2B Design.
Retention of title
- 2B Design remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards 2B Design on the basis of any agreement concluded with 2B Design, including claims regarding failure to perform.
- Until then, 2B Design can invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If 2B Design invokes its retention of title, the agreement will be deemed dissolved and 2B Design has the right to claim compensation, lost profit and interest.
- Delivery takes place while stocks last.
- Delivery takes place at 2B Design, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or not paid on time, 2B Design has the right to suspend its obligations until the agreed part has been paid.
- In case of late payment, there is a default of creditors, with the result that the customer cannot invoke a late delivery to 2B Design.
- The delivery times stated by 2B Design are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
- The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from 2B Design.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless 2B Design cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise.
- The customer must ensure that the actual delivery of the products ordered by him can take place on time.
- Transport costs are at the expense of the customer, unless the parties have agreed otherwise.
Packaging and shipping
- If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note drawn up by the forwarder or delivery person, failing which 2B Design cannot be held liable for any damage.
- If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging to 2B Design prior to transport, failing which 2B Design cannot be held liable for any damage.