Article 1 - Scope of application
1. In these terms and conditions and on the website "Royalgoedewaagen.com" is understood to mean the private limited company Royal Tableware B.V. Established in Amsterdam, the Netherlands.
Royal Tableware B.V.
9521 GG Nieuw-Buinen
2. These general terms and conditions apply to every contract concluded by the customer (hereinafter: "buyer") placed with Royalgoedewaagen.com and delivery between Royalgoedewaagen.com and the buyer. Any reference by the buyer to his own general or purchasing conditions and their applicability is expressly rejected by Royalgoedewaagen.com.
3. By placing an order the buyer accepts to be bound by these general terms and conditions and declares that they have been made available to him in such a way that he is able to store them and that they are accessible to him for future reference. He further declares that he has read and understands the general terms and conditions.
4. The general terms and conditions can be sent on request and the terms and conditions can also be consulted at any time on the above-mentioned website.
Article 2 - Conclusion of the agreement
1. The agreement is realised at the moment of receipt by Royalgoedewaagen.com of the acceptance of the offer by the buyer by means of a written confirmation of order, or the direct placing of an order on the Royalgoedewaagen.com website.
2. Royalgoedewaagen.com reserves the right not to accept orders (partially) without giving reasons.
3. The buyer who provides (name and address) data in the context of the agreement guarantees that these are correct, complete and up to date. The buyer is obliged to report any inaccuracies in payment details provided or mentioned to Royalgoedewaagen.com without delay.
Article 2 - Conclusion of the agreement
1. The agreement shall be concluded upon receipt by Goedewaagen of the acceptance of the offer by the buyer by means of a written confirmation of order, or the direct placing of an order on the Goedewaagen website.
2. Goedewaagen reserves the right not to accept orders (in part or in full) without giving reasons.
3. The buyer who provides (name and address) information within the framework of the agreement guarantees that this information is correct, complete and up-to-date. The buyer is obliged to notify Goedewaagen immediately of any inaccuracies in the payment details provided or stated.
Article 3 - Prices and Payment
1. The prices specified in the offer of products are (unless otherwise stated) inclusive of any VAT and in Euros, and are subject to printing and typing errors. The prices are exclusive of shipping costs, which will be indicated separately.
2. The prices referred to in the previous section shall not be increased by Goedewaagen after the agreement has been concluded, unless legal measures make this necessary or if the manufacturer/supplier raises the price in the interim. The purchaser shall in that case be authorised to dissolve the agreement by means of a written statement addressed to Goedewaagen.
3. Payment may be made by means of the payment methods specified and the conditions attached thereto.
Article 4 - Illustrations and specifications
1. Images of products as well as the associated specifications, sizes and data as shown on the Goedewaagen website have been provided with the utmost care. Due to traditional manufacturing processes, the colour, size etc. of the product supplied may differ slightly from these images or specifications. This shall not mean that the product is not in accordance with the agreement.
Article 5 - Intellectual property
1. All designs and models made by Goedewaagen shall remain the property of Goedewaagen and may not be reproduced by the buyer, unless Goedewaagen has given explicit written permission to do so.
2. The purchaser guarantees that intellectual property rights will be respected.
Article 6 - Website delivery orders
1. Goedewaagen will exercise the utmost care when receiving and processing orders. The delivery times stated on the website are indicative only. The buyer may not derive any rights from these indications and they are not final.
2. The place of delivery shall be the address which the purchaser has given to Goedewaagen.
3. Goedewaagen shall be entitled to make partial deliveries, which may be invoiced separately.
4. Goedewaagen shall execute accepted website orders with due speed after the conclusion of the agreement but no later than within 20 working days thereafter. If delivery is delayed beyond these 20 working days, the buyer will be notified as soon as possible. A different delivery time may be agreed upon, or it may be agreed to deliver a different product.
5. If an order cannot be carried out or can only be carried out in part, the buyer will be notified as soon as possible. In that case, the buyer has the right to dissolve the agreement (partially) free of 6. In the event of dissolution in accordance with paragraph e, Goedewaagen shall immediately reimburse the amount paid by the buyer to Goedewaagen. The buyer shall not be entitled to claim any compensation.
7. The risk of damage or loss of the products shall be borne by Goedewaagen until the time they have been delivered to the buyer, unless explicitly agreed otherwise. The burden of proof that a product is damaged or missing upon delivery lies with the buyer.
Article 7 - Delivery of unique orders
1. Goedewaagen will at all times strive to deliver on the delivery date agreed upon with the buyer. If, due to unforeseen circumstances in the production process, this delivery date cannot be met, a satisfactory solution will be sought in consultation with the buyer. An order for unique products which has been taken into production cannot be cancelled.
2. The place of delivery shall be the address which the buyer has given to Goedewaagen.
3. The risk of damage or loss of products shall be borne by Goedewaagen until the moment of delivery to the buyer, unless explicitly agreed otherwise. The burden of proof that a product is damaged or missing upon delivery lies with the buyer.
Article 8 - Cooling-off period and/or right of withdrawal for website orders
1. After the product has been received by purchaser or a third party appointed by him (not the carrier), purchaser has 14 days to dissolve the agreement without stating reasons. This period commences on the day after the product, or in the event of a partial delivery after all products/parts of the order have been received by or on behalf of purchaser.
2. In order to exercise the right of withdrawal, the purchaser shall notify Goedewaagen of his decision by an unequivocal statement (e.g. written notice by post or e-mail).
3. The buyer shall subsequently return the products as soon as possible - but at the latest within 14 days after the statement referred to under paragraph b has been issued - in the manner indicated by Goedewaagen.
4. The products must be returned by registered post in the original packaging (including accessories and accompanying documentation), with the original or similar protective material and in the condition in which the buyer received them, i.e. undamaged and unaffected. The direct costs of returning the products shall be borne by the buyer.
5. The buyer will handle the products and their packaging with care during the cooling-off period. He will only unpack or use the products to the extent necessary to judge whether he wishes to keep the product.
6. Goedewaagen shall, after a successful revocation, refund the amount paid by the buyer (including the initial delivery costs) within 14 days after the day of receipt of the statement referred to in paragraph b. Goedewaagen may wait with the refund until it has received all products back.
Article 9 - Retention of title
1. As applicable, Goedewaagen shall retain title to all products delivered by Goedewaagen until such time as the price of all products delivered or to be delivered by Goedewaagen to the buyer has been paid in full (including any interest and/or costs due) under the agreement concerned or any previous or subsequent similar agreements.
Article 10 - Warranty and conformity
1. Goedewaagen guarantees that the products it supplies comply with the legal requirements of usability, reliability and longevity as reasonably intended by the parties to the agreement.
2. Insofar as possible, the buyer is obliged to check (or have checked) the product(s) delivered immediately upon receipt. Should it appear that the product delivered is wrong, unsound or incomplete, then the buyer must (before proceeding to return the product) notify Goedewaagen of these defects as soon as possible after their discovery, but at the latest within 8 days, using the method indicated on the website. Any products returned must be sent by registered post in the original packaging (including accessories and accompanying documentation), in the condition in which the buyer received them and in the manner specified by Goedewaagen.
3. If it appears that the product(s) delivered do not comply with the agreement, Goedewaagen shall replace or repair the product(s) delivered free of charge or make a written arrangement with the buyer about compensation.
4. The buyer cannot invoke the guarantee referred to in paragraph a. if the product(s) delivered have been subjected to abnormal conditions, if the buyer has not taken proper care to maintain the product(s), if these products have been handled contrary to the instructions given by Goedewaagen and/or the directions for use, or if the buyer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties.
Article 11 - Liability
1. Any liability of Goedewaagen for damages is excluded, including additional compensation in whatever form, compensation for indirect or consequential damages or damages due to loss of profit, except in the case of intent or wilful recklessness on the part of Goedewaagen.
2. Goedewaagen shall not be liable for errors and/or negligence on the part of its suppliers, subcontractors or agents.
3. If, for whatever reason, the buyer, through no fault of his own, is unable to accept delivery of a product because the requirements specified in article 2.c. have not been met, Goedewaagen shall not be liable for any damage resulting from this and shall not be obliged to provide a replacement product.
4. The liability of Goedewaagen and therefore the amount of compensation shall at all times be limited to a maximum of the amount of the invoice for the products concerned or (at the discretion of Goedewaagen) the maximum amount paid out in the relevant case by the liability insurance of Goedewaagen.
5. The provisions of this article shall not affect the legal liability of Goedewaagen under mandatory provisions of law.
Article 12 - Complaints procedure
1. Complaints about the execution of the agreement must be reported to Goedewaagen within 8 days after delivery, fully and clearly described, via email@example.com, telephone or the customer service department.
2. Complaints submitted to Goedewaagen shall be dealt with within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, Goedewaagen shall reply within this period with a notice of receipt and an indication of when the buyer may expect a more detailed answer.
Article 13 - Other provisions
1. If any provision of these terms and conditions is declared null and void or non-binding, the other provisions shall remain in force and an alternative provision shall be agreed in mutual consultation which shall correspond as far as possible with the old provision.
2. All agreements between Goedewaagen and the buyer to which these conditions apply shall be governed exclusively by Dutch law.
3. Insofar as the law permits, all disputes shall be submitted for adjudication to the District Court at Assen.