TERMS AND CONDITIONS
|Company name||Design by Ricardo BV|
|Zipcode & Town||1446WN Purmerend|
|Service hours||Monday to Thursday: 9.00 – 16.00|
|Friday: 9.00 – 14.00|
|Phonenumber||+31 (0)6 2508 2236|
|Chamber of Commerce reg.||68894376|
|IBAN||NL11 ABNA 0249167948|
Definition of terms and conditions
The following general sales conditions apply to all purchase agreements concluded with Design by Ricardo BV. Conditions to the contrary are excluded, unless they have been accepted in writing by Design by Ricardo BV.
Orders and purchase agreements
Offers from Design by Ricardo BV are valid for 2 weeks, as long as Design by Ricardo BV has not confirmed in writing that the offer is irrevocable. Orders (including: assignments and orders) from the Buyer are irrevocable unless the Buyer has confirmed the obligation to be without obligation in writing.
Orders by representatives are binding on Buyer and Seller, it being understood that the Seller has the right to notify the Buyer in writing within 15 working days that it cannot fulfill the order, or cannot fulfill it, as it is in the unaltered order. An order received through a representative that is impossible to fulfill, due to circumstances that such representative could not reasonably have known, may be canceled unless the Buyer and Seller reach an agreement.
Changes to, and cancellations of, orders initiated by the buyer will not be effective until the seller gives its written approval. If the Seller does not respond within 15 working days of the request for change or cancellation, the Seller is deemed to have agreed to this.
The order confirmation from Design by Ricardo BV, whether or not signed by the Buyer, or the invoice is sent by the Seller, serves as proof of the purchase agreement. Design by Ricardo BV is always entitled to refuse an order or to attach conditions to the acceptance, including cash on delivery.
The delivery times will be observed as much as possible, but are not binding on Design by Ricardo BV. The specified delivery times are based on timely delivery to Design by Ricardo BV of the materials required for the order and can be extended by Design by Ricardo BV, if this timely delivery is not forthcoming.
Exceeding the delivery term, for whatever reason, does not entitle the Buyer to unilateral termination of the agreement or to compensation. In the event of cancellation of a completed order for whatever reason, Design by Ricardo BV is entitled to claim compensation of at least 50% of the order amount.
Ownership and payments
All goods delivered by Design by Ricardo BV remain its property until full payment has been made of everything that the buyer owes Design by Ricardo BV due to delivery, interest and costs.
If the Buyer is in default of payment or has payment difficulties, Design by Ricardo BV is entitled to take back the goods delivered under retention of title that are still present at the Buyer. In that case, the Buyer undertakes to return all goods belonging to the property of Design by Ricardo BV and, by entering into this agreement, authorizes Design by Ricardo BV irrevocably to enter the areas where the goods are located.
Each price offer is without obligation, unless the contrary has been agreed in writing. If the (cost) prices increase during the period between the price offer date and the delivery date, the price will be increased accordingly by Design by Ricardo BV, with due observance of any statutory regulations.
Making payments from the Buyer to Design by Ricardo BV electronically, including payments over the internet, is at the Buyer’s risk. Design by Ricardo BV is not liable for any damage suffered by the Buyer related to – or resulting from – payments made electronically over the Internet.
Insofar as the parties have not agreed otherwise, including payment in the Webshop or by means of a direct debit mandate issued by the Buyer, or advance payment, payment of each invoice must be received by the Seller within 30 days, without the Buyer being entitled to suspend or set off. Any credit notes will be settled with the next invoice, but at the latest within 1 month.
From the time payment should have been made, the Buyer shall owe an interest of 1% of the invoice amount for each month or part thereof by which the due date is exceeded, up to a maximum of 10% per year. After 60 days from the due date, an amount of € 50.00 for additional administration costs will also be charged.
The Buyer shall be in default by the mere expiry of the payment term or the failure to meet any obligation, although the Seller shall send the Buyer a written reminder before taking further action.
In the event that any amount due is not paid, payments are suspended, the Buyer files for suspension of payments, the Buyer files for bankruptcy or the Buyer’s business is liquidated, the Seller shall have the right to rescind the contract or the part thereof that has not yet been performed, without further delay and without the intervention of the court, and to recover the items not yet paid for, without prejudice to the right to compensation for damages incurred by it as a result of the above. In such cases, any claim that the Seller has against the Buyer shall be fully and immediately due and payable.
As a result of the mere formation of the purchase agreement, the Buyer is obliged to pay all extrajudicial costs, including the costs of legal assistance and advice prior to the proceedings, in connection with the buyer’s non-compliance with any obligation to the customer.
Design by Ricardo BV cannot be obliged to comply with sales agreements between the Buyer and its customers.
If payment is not made by the due date, the costs charged by parties appointed by the seller to recover the debt from the Buyer will include.
Deliveries, complaints and liability
The Buyer is obliged to check the delivered order for numbers and for damage immediately upon receipt.
Complaints relating to observable defects and to the invoice must be reported to Design by Ricardo BV in writing or by email within eight days of receipt, accompanied by photos and a detailed description of the nature and grounds for the complaints. If this is not the case, all claims will lapse and the goods delivered and the invoice will be approved by the Buyer.
No repairs of any kind, and for any reason whatsoever, made to delivered furniture by the Buyer or on the Buyer’s instructions will be reimbursed by the Seller, unless the Seller has given prior written permission for these repairs to be carried out.
If the complaint/claim is well-founded, Design by Ricardo BV will only be required to replace or repair the faulty goods, without the Buyer being entitled to any compensation whatsoever. The Buyer is only entitled to return the goods delivered with Design by Ricardo BV’s consent. Complaints do not release the Buyer from its payment obligations.
In the event of force majeure, Design by Ricardo BV is entitled to suspend delivery or to dissolve the agreement in whole or in part out of court without being obligated to pay any damages. This is understood to mean a circumstance outside Design by Ricardo BV’s sphere of influence.
For non-observable production and material defects, which become apparent during initial use, Design by Ricardo shall only be liable 2 years after delivery.
This liability is limited to the obligation to replace or remedy any defective goods, provided that they have been properly used in accordance with the purpose for which they were delivered.
Any liability for damage, of whatever form or nature, arising from defective delivery, unless there is intent or gross negligence, is expressly excluded.
The Buyer is expected to use, treat, clean, store and maintain the delivered goods in the correct manner in accordance with the purpose for which they were delivered. If the Buyer is in default, Design by Ricardo BV may never be held liable for replacement or compensation in any way.
Transport and costs
If the articles are shipped using the Seller’s means of transport or by the carriers instructed by the Seller, delivery shall take place by presenting the articles on the first floor in the Buyer’s warehouse or showroom. In this case, the items shall be transported at the Seller’s risk until the time of delivery.
In all other cases, delivery shall take place as soon as the articles are handed over to the relevant, such as the railroad station, loading location of another public means of transport, which is closest to the Buyer’s location. In these cases, the items shall be transported at the Buyer’s risk, even if otherwise stated on the transport documents, which shall also include the “insufficiently packed” declaration required by third parties, unless the Buyer files a complaint with the relevant carrier immediately upon receipt.
If the Buyer refuses to immediately accept items presented to him in a correct and undamaged manner, all resulting freight costs, storage costs, etc. shall be borne by the Buyer.
Design by Ricardo BV points out that the colors of the metal and the application are unique for each table. So there are always differences in the appearance per table top. These may therefore differ from the showroom models.
The Seller grants a guarantee to the Buyer and the first user for the furniture delivered by the Seller, counting from the day of the invoice addressed to the Buyer, insofar as it concerns defects that can be attributed to the seller and that occur with normal use.
Improper handling and/or insufficient care of the delivered goods excludes any complaint and invalidates the guarantee, if and to the extent that the complaint is related to such improper handling or insufficient care.
For incorrect use and damage, Design by Ricardo BV can offer the service of carrying out repairs. For this service, costs for transport and production hours will be charged.
All information provided by the buyer will only be used by Design by Ricardo BV if this is necessary for the conclusion and fulfillment of the agreement (including the other provisions, including these general terms and conditions), as well as for the business operations of Design by Ricardo BV. Data will only be provided to third parties if this is necessary for the aforementioned purposes.
Dutch law shall apply to all agreements to which these terms and conditions apply.
The parties are deemed to have elected domicile in Design by Ricardo BV’s place of business. Only the civil court that has jurisdiction in Design by Ricardo BV’s place of business will take cognizance of any disputes that may arise with regard to the agreements between the parties or which Design by Ricardo BV designates as such.
The general conditions of Design by Ricardo BV are divisible. In the event that an unlawful condition is found to exist, the Seller and Buyer will have to renegotiate and replace it with a lawful condition.
If and to the extent that any provision of these terms and conditions cannot be invoked on the grounds of reasonableness and fairness or its unreasonably onerous nature, the provision in question shall in any case be accorded a meaning corresponding as closely as possible to its content and purport so that it can be invoked.
Modification of conditions
Design by Ricardo BV reserves the right to change these General Terms and Conditions unilaterally. Design by Ricardo BV will announce such changes on the Website. Amendments will take effect 30 days after this announcement.
Purmerend, 3 september 2021