1. PUUUR: PUUUR Interiors B.V., the user of these general terms and conditions, located at Einsteinstraat 57, 1446 VE in Purmerend, registered in the Trade Register under Chamber of Commerce number 81960670.
2. Customer: any natural person, not acting in the exercise of a profession or business, with whom PUUUR has concluded or intends to conclude an Agreement.
3. Parties: PUUUR and the Customer jointly.
4. Agreement: any agreement between Parties in the context of which PUUUR undertakes to the Customer to sell and deliver Products, including any installation thereof.
5. Distance Agreement: an Agreement concluded between the Parties in the context of an organized system for distance selling without the simultaneous personal presence of PUUUR and the Customer and where, up to and including the moment of concluding the Agreement, exclusive use is made of of one or more means of distance communication, such as an Agreement with a Customer concluded directly through the Online Store. An Agreement is therefore not a Distance Agreement if PUUUR does not use an organized system for distance selling, for example in the event that the Customer looks up PUUUR's contact details on the internet or in a telephone book and places an order by telephone or e-mail.
6. Products: the items to be delivered by PUUUR to the Customer in the context of the Agreement, which may include, but are not limited to, furniture, cine walls, wall coverings, lighting, floors and home accessories, whether or not manufactured in accordance with the Customer's specifications.
7. Assembly work: any assembly of Products to be carried out by or on behalf of PUUUR in the context of the Agreement.
8. Online store: puuur-interiors.nl.
9. In writing: communication in writing, communication by e-mail or any other method of communication that can be equated with this in view of the state of the art and prevailing social views.
General Terms and Conditions
PUUUR INTERIORS B.V.
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, always starting with a capital letter, are used in the following meaning.
ARTICLE 2. | GENERAL PROVISIONS
1. These general terms and conditions apply to every offer from PUUUR, every Agreement and all legal relationships arising therefrom between the Parties.
2. The provisions of these general terms and conditions can only be deviated from explicitly and in Writing. If and to the extent that what the Parties have expressly agreed in Writing deviates from the provisions of these general terms and conditions, what the Parties have expressly agreed in Writing applies.
3. Destruction or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such does not affect the validity of the other provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected clause. The purpose and scope of the original provision will be taken into account as much as possible.
2. The provisions of these general terms and conditions can only be deviated from explicitly and in Writing. If and to the extent that what the Parties have expressly agreed in Writing deviates from the provisions of these general terms and conditions, what the Parties have expressly agreed in Writing applies.
3. Destruction or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such does not affect the validity of the other provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected clause. The purpose and scope of the original provision will be taken into account as much as possible.
ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT
1. Every offer from PUUUR is without obligation and subject to sufficient availability of the Products offered. PUUUR can revoke its offer immediately, or at least as soon as possible after its acceptance by the Customer. If in such a case, for example in the context of an order in the Webshop, payment has already been made by the Customer, PUUUR will arrange for a refund as soon as possible.
2. Obvious errors, mistakes and typos in an offer from PUUUR do not bind PUUUR.
3. Without prejudice to the provisions of paragraph 1, every Agreement is concluded at the time that PUUUR's offer has been accepted by the Customer in the manner indicated by PUUUR. If the Customer's acceptance deviates from PUUUR's offer, the Agreement will not be concluded in accordance with this deviating acceptance, unless PUUUR indicates otherwise.
2. Obvious errors, mistakes and typos in an offer from PUUUR do not bind PUUUR.
3. Without prejudice to the provisions of paragraph 1, every Agreement is concluded at the time that PUUUR's offer has been accepted by the Customer in the manner indicated by PUUUR. If the Customer's acceptance deviates from PUUUR's offer, the Agreement will not be concluded in accordance with this deviating acceptance, unless PUUUR indicates otherwise.
ARTICLE 4. | RIGHT OF WITHDRAWAL FOR DISTANCE CONTRACTS
The rules of the statutory right of withdrawal in the context of a Distance Agreement are described in detail below. The most important points of attention are that the right of withdrawal is excluded with regard to Products that are manufactured according to the Customer's specifications, or at least meet the definition of paragraph 2. With regard to Assembly Work, a Distance Agreement can be concluded at any time during the reflection period referred to in paragraph 1. can be revoked by the Customer at any time, but if, in the context of the Assembly work, Products are also processed and delivered that meet the description of paragraph 2, the Customer must in any case pay the purchase price of those Products.
1. Subject to the provisions of the remainder of this article and in particular the provisions of the following paragraph, the Customer may terminate the Distance Agreement up to 14 days after receipt of the Products, without giving reasons.
2. The Customer has no right of withdrawal upon the delivery of Products to be manufactured according to the Customer's specifications that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Customer, or that are clearly intended for a specific person. Products that are manufactured on behalf of the Customer according to his specifications are therefore excluded from the right of withdrawal.
3. Execution of Assembly Work within the withdrawal period of 14 days will only take place at the express request of the Customer.
4. When exercising the right of withdrawal following a request in accordance with the previous paragraph, the Customer owes PUUUR an amount that is proportional to that part of the Agreement that has been fulfilled by PUUUR at the time of exercising the right of withdrawal. If, during the execution of Assembly Work, Products have been or would be installed that meet the description of paragraph 2, the Customer must in any case pay the price of those Products.
5. Customer can terminate the Distance Agreement by submitting a request to PUUUR by e-mail or by using the model withdrawal form offered by PUUUR. As soon as possible after PUUUR has been notified of the Customer's intention to terminate the Distance Agreement and if the conditions of this article have been met, PUUUR will confirm the termination of the Distance Agreement by e-mail.
6. In the case of delivered Products that may be returned under the right of withdrawal, the Customer must handle the relevant Products and their packaging with care during the period referred to in paragraph 1. The Customer may only handle and inspect the Products to be returned to the extent necessary to assess the nature and characteristics of the Products. The basic principle here is that the Customer may only handle and inspect the Products as he would in a physical store.
7. If the Customer exercises the right of withdrawal with regard to delivered Products, he will return the Products undamaged, with all accessories supplied and in the original condition and packaging to PUUUR. Products that have not been delivered by regular parcel post and can be returned in this way must be returned by PUUUR, which applies to all Products with the exception of (some) accessories. PUUUR makes an appointment with the Customer.
8. The Customer is liable for any depreciation in value of returned Products that is the result of a way of handling the Products that goes beyond what is permitted under paragraph 6. PUUUR is entitled to charge this depreciation to the Customer, whether or not by offset against any payment already received from the Customer.
9. Delivery of the Products to be returned must take place within 14 days after the Customer has revoked the Distance Agreement in accordance with the provisions of paragraph 5.
10. If the Customer exercises the right of withdrawal with regard to delivered Products, the costs of returning the Products will be borne by the Customer. For Products that were not delivered by regular parcel post and can be returned in this way, return costs of € 75 per return order. These costs must be paid before the return order is executed by PUUUR, without prejudice to the Customer's responsibility that return delivery must have taken place on time in accordance with paragraph 9.
11. PUUUR will refund any payment already received from the Customer, minus any depreciation and the amount referred to in paragraph 4, to the Customer as soon as possible, but no later than within 14 days after revocation of the Distance Agreement, provided that the Products are delivered by PUUUR. have been received back, or – in the event of permitted returns via regular parcel post - the Customer has demonstrated that the Products have actually been returned. If the right of withdrawal is only applied to part of the order, any delivery costs paid by the Customer in the first instance are not eligible for a refund.
2. The Customer has no right of withdrawal upon the delivery of Products to be manufactured according to the Customer's specifications that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Customer, or that are clearly intended for a specific person. Products that are manufactured on behalf of the Customer according to his specifications are therefore excluded from the right of withdrawal.
3. Execution of Assembly Work within the withdrawal period of 14 days will only take place at the express request of the Customer.
4. When exercising the right of withdrawal following a request in accordance with the previous paragraph, the Customer owes PUUUR an amount that is proportional to that part of the Agreement that has been fulfilled by PUUUR at the time of exercising the right of withdrawal. If, during the execution of Assembly Work, Products have been or would be installed that meet the description of paragraph 2, the Customer must in any case pay the price of those Products.
5. Customer can terminate the Distance Agreement by submitting a request to PUUUR by e-mail or by using the model withdrawal form offered by PUUUR. As soon as possible after PUUUR has been notified of the Customer's intention to terminate the Distance Agreement and if the conditions of this article have been met, PUUUR will confirm the termination of the Distance Agreement by e-mail.
6. In the case of delivered Products that may be returned under the right of withdrawal, the Customer must handle the relevant Products and their packaging with care during the period referred to in paragraph 1. The Customer may only handle and inspect the Products to be returned to the extent necessary to assess the nature and characteristics of the Products. The basic principle here is that the Customer may only handle and inspect the Products as he would in a physical store.
7. If the Customer exercises the right of withdrawal with regard to delivered Products, he will return the Products undamaged, with all accessories supplied and in the original condition and packaging to PUUUR. Products that have not been delivered by regular parcel post and can be returned in this way must be returned by PUUUR, which applies to all Products with the exception of (some) accessories. PUUUR makes an appointment with the Customer.
8. The Customer is liable for any depreciation in value of returned Products that is the result of a way of handling the Products that goes beyond what is permitted under paragraph 6. PUUUR is entitled to charge this depreciation to the Customer, whether or not by offset against any payment already received from the Customer.
9. Delivery of the Products to be returned must take place within 14 days after the Customer has revoked the Distance Agreement in accordance with the provisions of paragraph 5.
10. If the Customer exercises the right of withdrawal with regard to delivered Products, the costs of returning the Products will be borne by the Customer. For Products that were not delivered by regular parcel post and can be returned in this way, return costs of € 75 per return order. These costs must be paid before the return order is executed by PUUUR, without prejudice to the Customer's responsibility that return delivery must have taken place on time in accordance with paragraph 9.
11. PUUUR will refund any payment already received from the Customer, minus any depreciation and the amount referred to in paragraph 4, to the Customer as soon as possible, but no later than within 14 days after revocation of the Distance Agreement, provided that the Products are delivered by PUUUR. have been received back, or – in the event of permitted returns via regular parcel post - the Customer has demonstrated that the Products have actually been returned. If the right of withdrawal is only applied to part of the order, any delivery costs paid by the Customer in the first instance are not eligible for a refund.
ARTICLE 5. | CANCELLATION BY THE CUSTOMER OTHER THAN ON THE BASIS OF ARTICLE 4
If the Customer cancels the Agreement after its conclusion other than on the basis of Article 4, the Customer remains liable for the full agreed total price and any shipping costs already incurred.
ARTICLE 6. | DEADLINES
1. PUUUR makes every effort to meet any implementation and delivery times to which it has committed itself to the Customer. However, these periods are never strict deadlines. PUUUR's default will not commence until the Customer has given PUUUR written notice of default, in which notice of default a reasonable period for compliance is stated and PUUUR is still in default after the expiry of the latter period.
2. Default by PUUUR entitles the Customer to terminate that part of the Agreement to which the default relates, but never entitled to additional compensation.
2. Default by PUUUR entitles the Customer to terminate that part of the Agreement to which the default relates, but never entitled to additional compensation.
ARTICLE 7. | CUSTOMER OBLIGATIONS & EXECUTION OF ASSEMBLY WORK
1. The Customer must provide PUUUR with all information that is reasonably relevant to the design and execution of the Agreement in a timely manner, in full and in any manner designated by PUUUR.
2. Furthermore, the Customer must always provide PUUUR with all cooperation required for the execution of the Agreement. The Customer takes all reasonable measures to optimize the execution of the Agreement. The Customer is also obliged to inform PUUUR as soon as possible of all facts and circumstances that become apparent, whether or not after the conclusion of the Agreement, and of which it is reasonably known that those facts or circumstances influence the timely and/or proper execution of the Agreement. the Agreement.
3. If it has been expressly agreed in Writing that the Products will be installed by PUUUR following delivery, the Customer must ensure the correct and timely implementation of all devices, facilities and other conditions that are necessary for the proper execution of the Assembly Work. In particular, the Customer must ensure, at its own expense and risk, that:
the space where the Assembly work is carried out is free of obstacles and that no work is carried out there by
third parties, other than with apparent consent of PUUUR;
the Assembly Work can be carried out under normal, reasonably expected circumstances;
the persons employed by PUUUR are given access to the site of execution within the agreed time frame in order to carry out the Assembly Work during the agreed working hours;
there is sufficient opportunity for the supply and/or storage of items used or processed in the performance of the Agreement, including equipment, tools, other aids and the Products to be assembled;
the persons employed by PUUUR at the location where the Assembly Work is carried out have free access to electricity and other facilities reasonably required;
all safety and precautionary measures reasonably required of the Customer have been taken and during the execution of the Assembly work is maintained.
4. If the Customer fails to fulfill its obligations as referred to in the previous paragraphs of this article, PUUUR is, without prejudice to the provisions of Article 11, entitled to pass on any resulting additional costs and damage to the Customer.
2. Furthermore, the Customer must always provide PUUUR with all cooperation required for the execution of the Agreement. The Customer takes all reasonable measures to optimize the execution of the Agreement. The Customer is also obliged to inform PUUUR as soon as possible of all facts and circumstances that become apparent, whether or not after the conclusion of the Agreement, and of which it is reasonably known that those facts or circumstances influence the timely and/or proper execution of the Agreement. the Agreement.
3. If it has been expressly agreed in Writing that the Products will be installed by PUUUR following delivery, the Customer must ensure the correct and timely implementation of all devices, facilities and other conditions that are necessary for the proper execution of the Assembly Work. In particular, the Customer must ensure, at its own expense and risk, that:
the space where the Assembly work is carried out is free of obstacles and that no work is carried out there by
third parties, other than with apparent consent of PUUUR;
the Assembly Work can be carried out under normal, reasonably expected circumstances;
the persons employed by PUUUR are given access to the site of execution within the agreed time frame in order to carry out the Assembly Work during the agreed working hours;
there is sufficient opportunity for the supply and/or storage of items used or processed in the performance of the Agreement, including equipment, tools, other aids and the Products to be assembled;
the persons employed by PUUUR at the location where the Assembly Work is carried out have free access to electricity and other facilities reasonably required;
all safety and precautionary measures reasonably required of the Customer have been taken and during the execution of the Assembly work is maintained.
4. If the Customer fails to fulfill its obligations as referred to in the previous paragraphs of this article, PUUUR is, without prejudice to the provisions of Article 11, entitled to pass on any resulting additional costs and damage to the Customer.
ARTICLE 8. | DELIVERY OF THE PRODUCTS
1. Delivery of the Products takes place at the expressly agreed place and manner. In the event of delivery at the Customer's location, this will only take place including subsequent installation of the Products if this has been expressly agreed in Writing.
2. The risk of loss and damage to the Products passes to the Customer when the Products have been received by or on behalf of the Customer or the Assembly work has been completed.
3. If the agreed delivery period is exceeded, the Customer is, without prejudice to the provisions regarding PUUUR's default in Article 6, never entitled to refuse to accept the Products and/or to pay the agreed price and any transport costs.
4. If the Products could not be delivered as a result of a circumstance attributable to the Customer, PUUUR is, without prejudice to the provisions of the remainder of these general terms and conditions, entitled to store the Products at the expense of the Customer, without prejudice to the obligation from the Customer to pay the agreed price and any transport costs.
5. If PUUUR incurs reasonable costs when applying paragraph 4, such as storage costs and costs in connection with multiple delivery attempts, which would not exist if the Customer had properly fulfilled his purchase obligation, these costs will be additionally borne by the Customer.
2. The risk of loss and damage to the Products passes to the Customer when the Products have been received by or on behalf of the Customer or the Assembly work has been completed.
3. If the agreed delivery period is exceeded, the Customer is, without prejudice to the provisions regarding PUUUR's default in Article 6, never entitled to refuse to accept the Products and/or to pay the agreed price and any transport costs.
4. If the Products could not be delivered as a result of a circumstance attributable to the Customer, PUUUR is, without prejudice to the provisions of the remainder of these general terms and conditions, entitled to store the Products at the expense of the Customer, without prejudice to the obligation from the Customer to pay the agreed price and any transport costs.
5. If PUUUR incurs reasonable costs when applying paragraph 4, such as storage costs and costs in connection with multiple delivery attempts, which would not exist if the Customer had properly fulfilled his purchase obligation, these costs will be additionally borne by the Customer.
ARTICLE 9. | CONFORMITY/ LEGAL WARRANTY
1. PUUUR guarantees that the Products comply with the Agreement and therefore have those properties that the Customer can reasonably expect on the basis of the Agreement (conformity).
2. A Customer can no longer rely on the fact that the delivered goods do not comply with the Agreement if the Customer has not complained to PUUUR within two months of discovering the defect. If the Customer does not complain in a timely manner, PUUUR will not have any obligation arising from such a complaint by the Customer.
3. If there is a Distance Agreement and a complaint from a Customer cannot be resolved by mutual agreement between the Parties, the Customer can submit the complaint to the dispute committee via the ODR platform (europa.eu/consumers/odr/).
4. A claim for non-conformity will in any case lapse if a defect in the Product is the result of an external cause after delivery or another circumstance not attributable to PUUUR. This includes, but is not limited to, defects arising after delivery as a result of damage, natural wear and tear, war damage, incorrect or improper treatment, assembly or installation by the Customer himself or by a third party on his behalf, incorrect or improper use, use in violation of any (maintenance) regulations or other instructions from or on behalf of PUUUR, failure to maintain the Products properly or professionally and regularly and making changes to the Products, including repairs that have not been made with the prior Written consent of PUUUR carried out.
5. Signs of use and discoloration due to the effects of light are not valid grounds for claiming non-conformity. This also applies to discoloration of wood and ‘working’ of wood (including, among other things, the expansion, shrinkage, cracking and/or warping thereof). Wood will hardly work if the humidity in the room remains at a fairly constant level.
6. In the event that the Customer makes a valid claim of non-conformity, the Customer is entitled to repair or replacement or addition of what is missing. No costs can be charged to the Customer for exercising these rights. PUUUR will cooperate within a reasonable time in the repair, replacement or addition of what is missing. If repair, replacement or addition of what is missing is not possible, the Customer is entitled to reasonable financial compensation, which, however, will never exceed the invoice value of that part of the Agreement to which the non-conformity relates. .
2. A Customer can no longer rely on the fact that the delivered goods do not comply with the Agreement if the Customer has not complained to PUUUR within two months of discovering the defect. If the Customer does not complain in a timely manner, PUUUR will not have any obligation arising from such a complaint by the Customer.
3. If there is a Distance Agreement and a complaint from a Customer cannot be resolved by mutual agreement between the Parties, the Customer can submit the complaint to the dispute committee via the ODR platform (europa.eu/consumers/odr/).
4. A claim for non-conformity will in any case lapse if a defect in the Product is the result of an external cause after delivery or another circumstance not attributable to PUUUR. This includes, but is not limited to, defects arising after delivery as a result of damage, natural wear and tear, war damage, incorrect or improper treatment, assembly or installation by the Customer himself or by a third party on his behalf, incorrect or improper use, use in violation of any (maintenance) regulations or other instructions from or on behalf of PUUUR, failure to maintain the Products properly or professionally and regularly and making changes to the Products, including repairs that have not been made with the prior Written consent of PUUUR carried out.
5. Signs of use and discoloration due to the effects of light are not valid grounds for claiming non-conformity. This also applies to discoloration of wood and ‘working’ of wood (including, among other things, the expansion, shrinkage, cracking and/or warping thereof). Wood will hardly work if the humidity in the room remains at a fairly constant level.
6. In the event that the Customer makes a valid claim of non-conformity, the Customer is entitled to repair or replacement or addition of what is missing. No costs can be charged to the Customer for exercising these rights. PUUUR will cooperate within a reasonable time in the repair, replacement or addition of what is missing. If repair, replacement or addition of what is missing is not possible, the Customer is entitled to reasonable financial compensation, which, however, will never exceed the invoice value of that part of the Agreement to which the non-conformity relates. .
ARTICLE 10. | FORCE MAJEURE
1. PUUUR is not obliged to fulfill any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or prevailing social views (force majeure). Force majeure, in addition to what is understood in this regard in legislation and case law, means all external causes over which PUUUR has no influence and which make the (further) performance of the Agreement impossible, including, among other things, incapacity for work of personnel, shortcomings of suppliers of PUUUR, war or danger of war, riot, molestation, energy failure, flood, earthquake, fire, strikes, government measures and transport difficulties.
2. If and insofar as the force majeure situation makes the fulfillment of the Agreement permanently impossible or continues or will continue for more than three months, the Parties are entitled to terminate the Agreement with immediate effect, without judicial intervention.
3. If, upon the occurrence of the force majeure situation, PUUUR has already partially fulfilled its delivery obligations, or can only partially fulfill its delivery obligations, PUUUR is entitled to separately invoice the already delivered part or the still deliverable part of the Agreement, as if there were an independent Agreement.
4. Damage caused as a result of force majeure is never eligible for compensation, without prejudice to the provisions of the previous paragraph.
2. If and insofar as the force majeure situation makes the fulfillment of the Agreement permanently impossible or continues or will continue for more than three months, the Parties are entitled to terminate the Agreement with immediate effect, without judicial intervention.
3. If, upon the occurrence of the force majeure situation, PUUUR has already partially fulfilled its delivery obligations, or can only partially fulfill its delivery obligations, PUUUR is entitled to separately invoice the already delivered part or the still deliverable part of the Agreement, as if there were an independent Agreement.
4. Damage caused as a result of force majeure is never eligible for compensation, without prejudice to the provisions of the previous paragraph.
ARTICLE 11. | SUSPENSION AND DISSOLUTION
1. If the circumstances of the case reasonably justify this, PUUUR is entitled, without judicial intervention, to suspend the execution of the Agreement or to dissolve the Agreement in whole or in part with immediate effect, if and insofar as the Customer has fulfilled its obligations under the Agreement. does not comply, does not comply on time or in full, or circumstances that come to PUUUR's attention after concluding the Agreement give good reason to fear that the Customer will not fulfill his obligations. If the fulfillment of the Customer's obligations in respect of which he fails or threatens to fail is not permanently impossible, the authority to dissolve only arises after the Customer has been given written notice of default by PUUUR, in which notice of default is a reasonable period. states within which the Customer can (still) fulfill his obligations and compliance has still not occurred after the latter period has expired.
2. If the Customer is in a state of bankruptcy, any seizure has been made of his goods or in cases where the Customer cannot otherwise freely dispose of his assets, PUUUR is entitled to terminate the Agreement with immediate effect and without judicial intervention, unless the Customer has already provided sufficient security for the fulfillment of its payment obligations.
3. The Customer is never entitled to any form of compensation in connection with the right of suspension or termination exercised by PUUUR.
4. The Customer is obliged to compensate the damage suffered by PUUUR as a result of the suspension or termination of the Agreement.
5. If PUUUR terminates the Agreement on the basis of this article, all claims against the Customer are immediately due and payable.
2. If the Customer is in a state of bankruptcy, any seizure has been made of his goods or in cases where the Customer cannot otherwise freely dispose of his assets, PUUUR is entitled to terminate the Agreement with immediate effect and without judicial intervention, unless the Customer has already provided sufficient security for the fulfillment of its payment obligations.
3. The Customer is never entitled to any form of compensation in connection with the right of suspension or termination exercised by PUUUR.
4. The Customer is obliged to compensate the damage suffered by PUUUR as a result of the suspension or termination of the Agreement.
5. If PUUUR terminates the Agreement on the basis of this article, all claims against the Customer are immediately due and payable.
ARTICLE 12. | PRICES, ADDITIONAL COSTS AND PAYMENTS
1. Before the Agreement is concluded, the total price will be stated, including VAT and any additional costs.
2. Unless otherwise expressly agreed in Writing, PUUUR is entitled to demand full or partial advance payment or phased payment from the Customer, on the understanding that PUUUR will not oblige the Customer to pay in advance more than 50% of the purchase price of the Products.
3. PUUUR is not obliged to (further) implement the Agreement until the Customer has fulfilled all payment obligations to PUUUR that are already due and payable.
4. Payments must be made using one of the payment methods designated by PUUUR and at the time specified or within the period specified.
5. PUUUR is entitled to make the invoices due to the Customer available to him exclusively by e-mail.
6. If the Customer is bankrupt, any seizure has been made of his goods or in cases where the Customer cannot otherwise freely dispose of his assets, the claims against the Customer are immediately due and payable.
7. If timely payment is not made, the Customer will be in default by operation of law. From the day that the Customer's default occurs, the Customer owes the then applicable statutory interest on the outstanding amount.
8. All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred to obtain the amounts owed by the Customer will be borne by the Customer. This does not deviate from the provisions of the Collection Costs Act to the detriment of the Customer.
2. Unless otherwise expressly agreed in Writing, PUUUR is entitled to demand full or partial advance payment or phased payment from the Customer, on the understanding that PUUUR will not oblige the Customer to pay in advance more than 50% of the purchase price of the Products.
3. PUUUR is not obliged to (further) implement the Agreement until the Customer has fulfilled all payment obligations to PUUUR that are already due and payable.
4. Payments must be made using one of the payment methods designated by PUUUR and at the time specified or within the period specified.
5. PUUUR is entitled to make the invoices due to the Customer available to him exclusively by e-mail.
6. If the Customer is bankrupt, any seizure has been made of his goods or in cases where the Customer cannot otherwise freely dispose of his assets, the claims against the Customer are immediately due and payable.
7. If timely payment is not made, the Customer will be in default by operation of law. From the day that the Customer's default occurs, the Customer owes the then applicable statutory interest on the outstanding amount.
8. All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred to obtain the amounts owed by the Customer will be borne by the Customer. This does not deviate from the provisions of the Collection Costs Act to the detriment of the Customer.
ARTICLE 13. | LIABILITY
1. Except for intent and deliberate recklessness on the part of PUUUR, as well as the fulfillment of any obligations under Article 9, PUUUR is no longer liable for defects in the Products after delivery.
2. The Customer bears the damage caused by inaccuracies in the data provided by the Customer, any other shortcoming in the fulfillment of the Customer's obligations arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to PUUUR.
3. PUUUR is never liable for consequential damage.
4. If PUUUR is liable for any damage despite the provisions of these general terms and conditions, PUUUR has the right to repair this damage at any time. The Customer must give PUUUR the opportunity to do so, failing which any liability on the part of PUUUR in this regard will lapse.
5. PUUUR's liability is limited to a maximum of repair of the Assembly work, or repair or replacement of the Products to which PUUUR's liability relates. In the event that repair or replacement is not possible, PUUUR's liability is limited to a maximum of the invoice value of the Agreement, or at least that part of the Agreement to which PUUUR's liability relates, on the understanding that PUUUR's liability will never exceed than the amount that is actually paid out in the relevant case on the basis of the business liability insurance taken out by PUUUR, plus any PUUUR deductible that applies under that insurance.
6. In the case of a consumer purchase, the limitations of this article do not extend further than is permitted under Article 7:24 paragraph 2 of the Civil Code.
7. The limitation period for all legal claims against PUUUR is 12 months after the claim arises. Notwithstanding the previous sentence, legal claims and defenses available to Customers that are based on facts that would justify the statement that a consumer purchase does not comply with the Agreement expire after two years.
8. The liability of PUUUR for damage resulting from intent or deliberate recklessness on the part of PUUUR or its managerial staff is not excluded.
2. The Customer bears the damage caused by inaccuracies in the data provided by the Customer, any other shortcoming in the fulfillment of the Customer's obligations arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to PUUUR.
3. PUUUR is never liable for consequential damage.
4. If PUUUR is liable for any damage despite the provisions of these general terms and conditions, PUUUR has the right to repair this damage at any time. The Customer must give PUUUR the opportunity to do so, failing which any liability on the part of PUUUR in this regard will lapse.
5. PUUUR's liability is limited to a maximum of repair of the Assembly work, or repair or replacement of the Products to which PUUUR's liability relates. In the event that repair or replacement is not possible, PUUUR's liability is limited to a maximum of the invoice value of the Agreement, or at least that part of the Agreement to which PUUUR's liability relates, on the understanding that PUUUR's liability will never exceed than the amount that is actually paid out in the relevant case on the basis of the business liability insurance taken out by PUUUR, plus any PUUUR deductible that applies under that insurance.
6. In the case of a consumer purchase, the limitations of this article do not extend further than is permitted under Article 7:24 paragraph 2 of the Civil Code.
7. The limitation period for all legal claims against PUUUR is 12 months after the claim arises. Notwithstanding the previous sentence, legal claims and defenses available to Customers that are based on facts that would justify the statement that a consumer purchase does not comply with the Agreement expire after two years.
8. The liability of PUUUR for damage resulting from intent or deliberate recklessness on the part of PUUUR or its managerial staff is not excluded.
ARTICLE 14. | RESERVATION OF TITLE
1. The Products remain the property of PUUUR until the Customer has properly fulfilled all payment obligations under the relevant Agreement.
2. The Customer is prohibited from selling, pledging or encumbering in any other way the Products subject to retention of title.
3. The Customer undertakes to insure the Products delivered to the Customer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection upon first request.
4. If third parties seize the Products subject to retention of title, or wish to establish or enforce rights thereon, the Customer is obliged to inform PUUUR of this as soon as possible.
5. The Customer gives unconditional permission to PUUUR or third parties designated by PUUUR to enter all those places where the Products subject to retention of title are located. In the event of default by the Customer, PUUUR is entitled to take back the Products referred to here. All reasonable costs associated with this will be borne by the Customer.
6. If the Customer has fulfilled his obligations after the Products have been delivered to him by PUUUR, the retention of title with regard to these Products will revive if the Customer does not fulfill his obligations under an Agreement concluded later.
2. The Customer is prohibited from selling, pledging or encumbering in any other way the Products subject to retention of title.
3. The Customer undertakes to insure the Products delivered to the Customer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection upon first request.
4. If third parties seize the Products subject to retention of title, or wish to establish or enforce rights thereon, the Customer is obliged to inform PUUUR of this as soon as possible.
5. The Customer gives unconditional permission to PUUUR or third parties designated by PUUUR to enter all those places where the Products subject to retention of title are located. In the event of default by the Customer, PUUUR is entitled to take back the Products referred to here. All reasonable costs associated with this will be borne by the Customer.
6. If the Customer has fulfilled his obligations after the Products have been delivered to him by PUUUR, the retention of title with regard to these Products will revive if the Customer does not fulfill his obligations under an Agreement concluded later.
ARTICLE 15. | FINAL PROVISIONS
1. PUUUR is entitled to change these general terms and conditions. In such a case, the Customer will be notified, whereby the amended general terms and conditions will be provided to him and after which they will apply. Amended general terms and conditions do not apply to an Agreement that has already been concluded if and insofar as the changes are to the detriment of the Customer.
2. Every Agreement and all legal relationships arising from it between the Parties are exclusively governed by Dutch law.
3. Parties will not appeal to the court until they have made every effort to settle the dispute by mutual agreement.
4. Only the competent court within the district of the North Holland District Court will be designated in the first instance to hear any legal disputes between the Parties, without prejudice to PUUUR's right to designate another competent court according to the law. However, the Customer is entitled to choose the legally competent court within one month after PUUUR has announced in Writing that it wishes to litigate before the court designated by it.
2. Every Agreement and all legal relationships arising from it between the Parties are exclusively governed by Dutch law.
3. Parties will not appeal to the court until they have made every effort to settle the dispute by mutual agreement.
4. Only the competent court within the district of the North Holland District Court will be designated in the first instance to hear any legal disputes between the Parties, without prejudice to PUUUR's right to designate another competent court according to the law. However, the Customer is entitled to choose the legally competent court within one month after PUUUR has announced in Writing that it wishes to litigate before the court designated by it.