General Terms and Conditions of Sale and Delivery Loungesetland
1. Scope
1.1 These general terms and conditions of sale and delivery apply to all offers, orders, and agreements in which Loungesetland, based in Barendrecht, is a party, unless otherwise expressly agreed in writing.
1.2 Any general terms and conditions of the customer are expressly rejected, unless they have been accepted in writing by Loungesetland.
2. Identity of the entrepreneur
Loungesetland
Fennweg 7
2991 ZA Barendrecht
The Netherlands
Phone: 085 500 0376
Email: info@loungesetland.com
Chamber of Commerce (KvK): 97629723
VAT: NL868145312B01
3. Formation of the agreement
3.1 All offers from Loungesetland are non-binding unless stated otherwise.
3.2 An agreement is concluded at the moment the customer accepts an offer from Loungesetland and this acceptance has been confirmed by Loungesetland, or as soon as Loung esetland has commenced execution of the agreement.
3.3 Agreements concluded electronically (such as via the webshop or by email) are legally valid. The absence of a physical signature does not affect their validity.
4. Quotes and product information
4.1 Quotes are valid for the period stated therein. If no period is stated, it shall be 14 days.
4.2 Images, dimensions, colors, and other product information are displayed as accurately as possible but may vary due to production tolerances, material usage, and screen settings. No rights can be derived from these.
4.3 Obvious errors or mistakes in offers do not bind Loungesetland.
5. Cooperation by the customer
5.1 The customer is responsible for timely providing correct and complete information necessary for delivery and any assembly.
5.2 Any extra costs arising from incorrect or incomplete information shall be borne by the customer.
6. Delivery and transfer of risk
6.1 Delivery takes place at the address provided by the customer.
6.2 The risk of damage to or loss of the products transfers to the customer at the moment of actual delivery.
6.3 If delivery proves impossible due to circumstances attributable to the customer (such as inaccessibility, insufficient passage, or absence), additional costs may be charged.
7. Inspection and complaints upon delivery
7.1 The customer must inspect the products immediately upon delivery for visible damage or defects.
7.2 Any visible defects must be reported to Loungesetland in writing as soon as possible, no later than 48 hours after delivery.
7.3 Reporting visible defects does not affect the legal rights of the consumer.
8. Prices and payment
8.1 All prices include VAT, unless stated otherwise.
8.2 Loungesetland is entitled to require a down payment.
8.3 Payment must be made via the offered payment methods.
8.4 If payment is not made, Loungesetland is entitled to suspend further delivery and charge reasonable collection costs in accordance with the statutory scale.
9. Delivery times
9.1 Stated delivery times are indicative.
9.2 Exceeding a delivery period does not entitle the customer to compensation or dissolution, unless there is a legal default.
10. Warranty and conformity
10.1 Loungesetland guarantees that the delivered products meet the agreement and the reasonable expectations that the customer may have.
10.2 Wear, discoloration due to sunlight, weather conditions, and improper use are excluded from the warranty.
10.3 Any manufacturer's warranty does not affect the legal rights of the consumer.
11. Liability
11.1 Loungesetland's liability is limited to direct damage and up to the amount paid out by its liability insurance.
11.2 Loungesetland is not liable for indirect damage, such as consequential loss or lost profit, unless there is intent or gross negligence.
11.3 This limitation does not apply to liability that cannot be excluded under mandatory law.
12. Right of withdrawal (distance selling)
12.1 For online purchases, the consumer has the right to dissolve the agreement within 14 days of receipt, unless a legally valid exception applies.
12.2 Products that are custom-made or clearly personal in nature are excluded from the right of withdrawal.
13. Force majeure
13.1 In the event of force majeure, Loungesetland is entitled to suspend its obligations for as long as the force majeure persists.
13.2 Force majeure is understood to mean any circumstance beyond Loungesetland's control due to which performance cannot reasonably be expected.
14. Privacy
14.1 Loungesetland processes personal data in accordance with its privacy statement and applicable legislation.
15. Applicable law and disputes
15.1 Dutch law applies to all agreements.
15.2 Disputes shall be submitted to the competent court in the Netherlands, with due observance of mandatory consumer law.
16. Use, maintenance, and instructions
16.1 The customer is required to strictly observe the usage, maintenance, and assembly instructions provided by Loungesetland.
16.2 Damage, defects, or accelerated wear as a result of improper use, insufficient maintenance, or insufficient protection against weather conditions are not covered by warranty or liability.
16.3 Loungesetland is entitled to reject warranty claims if it is plausible that the defect is the result of improper use or maintenance.
17. Return costs upon withdrawal
17.1 If the consumer exercises the right of withdrawal, the costs of return shipment shall be borne by the consumer, unless otherwise agreed.
17.2 The consumer is liable for any depreciation of the product resulting from use that goes beyond what is necessary to determine the nature, characteristics, and operation of the product.
18. Business customers (B2B)
18.1 If the customer acts in the exercise of a profession or business, different provisions apply compared to consumer purchases.
18.2 No right of withdrawal applies to business customers.
18.3 Deviations within standard production tolerances do not constitute a default for business customers.
18.4 Liability towards business customers is limited to direct damage and at most the invoice amount of the delivery in question, to the extent permitted by law.
19. Product liability and suppliers
19.1 Loungesetland supplies products that are (partly) manufactured by third parties.
19.2 Loungesetland remains liable towards the consumer in accordance with legal provisions regarding product liability.
19.3 Loungesetland is entitled to recover any damages from the relevant supplier or manufacturer.
20. Complaints procedure
20.1 Complaints must be submitted in writing to Loungesetland, fully and clearly described, within a reasonable time after discovery.
20.2 Loungesetland will provide a substantive response to submitted complaints within a reasonable period.
21. Final provisions
21.1 Loungesetland is entitled to amend these general terms and conditions.
21.2 If any provision is found to be void in whole or in part, the remaining provisions shall remain in full force and effect.
