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Terms and conditions

GENERAL TERMS AND CONDITIONS

Ton Groot Floors E-mail: info@tongrootfloors.com
Website: tongrootfloors.com

 

1. Ton Groot Floors: Ton Groot Houten Vloeren B.V., established in Oostwoud, Chamber of Commerce no. 36045391. 2. Customer: the party which Ton Groot Floors has entered into an agreement with.
3. Parties: Ton Groot Floors and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

 

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Ton Groot Floors.
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions ofthe customer or of third parties.

 

Prices

  1. All prices used by Ton Groot Floors are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. Ton Groot Floors is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
  3. The parties agree on a total price for a service provided by Ton Groot Floors. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
  4. Ton Groot Floors is entitled to deviate up to 10% of the target price.
  5. If the target price exceeds 10%, Ton Groot Floors must let the customer know in due time why a higher price isjustified.
  6. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target priceby 10%.
  7. Ton Groot Floors has the right to adjust prices annually.
  8. Ton Groot Floors will communicate price adjustments to the customer prior to the moment the price increasebecomes effective.
  9. The consumer has the right to terminate the contract with Ton Groot Floors if he does not agree with the priceincrease.

 

Payments and payment term

  1. Ton Groot Floors may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
  2. The customer must have paid the full amount within 14 days, after delivery.
  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreedamount at the latest on the last day of the payment term, he is legally in default, without Ton Groot Floors having tosend the customer a reminder or to put him in default.
  4. Ton Groot Floors reserves the right to make a delivery conditional upon immediate payment or to require adequate

security for the total amount of the services or products.

 

Payments and payment term

  1. Products are immediately paid for.
  2. Ton Groot Floors may, at the conclusion of the agreement, require a down payment of up to 50% of the agreedamount.
  3. The customer must pay invoices of Ton Groot Floors within 14 days __________, unless parties have made otheragreements about this or if the invoice has a different payment term.
  4. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreedamount at the latest on the last day of the payment term, he is legally in default, without Ton Groot Floors having tosend the customer a reminder or to put him in default.
  5. Ton Groot Floors reserves the right to make a delivery conditional upon immediate payment or to require adequatesecurity for the total amount of the services or products.

 

Consequences of late payment

  1. If the customer does not pay within the agreed term, Ton Groot Floors is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Ton Groot Floors.
  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
  4. If the customer does not pay on time, Ton Groot Floors may suspend its obligations until the customer has met hispayment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claimsof Ton Groot Floors on the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the performance of the agreement by Ton Groot Floors, he is still obligedto pay the agreed price to Ton Groot Floors.

 

Right of recovery of goods

  1. As soon as the customer is in default, Ton Groot Floors is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. Ton Groot Floors invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately returnthe products concerned to Ton Groot Floors, unless the parties agree to make other arrangements about this.
  4. The costs for the collection or return of the products are at the expense of the customer.

 

Right of withdrawal

  1. A consumer may 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, like food or flowers
  • the product is not specially tailored for the consumer or adapted to its special needs
  • it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
  • the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
  • the service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
  • the product is not a separate magazine or a loose newspaper
  • the purchase does not concern an (assignment to) urgent repair
  • it does not concern a service that is fully performed with the consent of the customer within the 14 calendar days right of
  • withdrawel period and the consumer has not renounced his right of withdrawal

 

2. The cooling-off 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 has received the first the product of a subscription
  • as soon as the consumer has purchased a service for the first time
  • as soon as the consumer has confirmed the purchase of digital content via the internet

 

3. The consumer can notify his right of withdrawal via info@tongrootfloors.com, if desired by using the withdrawal form that can be downloaded via the website of Ton Groot Floors, tongrootfloors.com.

4. The consumer is obliged to return the product to Ton Groot Floors within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

 

Reimbursement of delivery costs

  1. If the purchase costs and any other costs (such as delivery costs) are eligible for reimbursement according to the law, Ton Groot Floors will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Ton Groot Floors in time.
  2. The costs for return are only reimbursed by Ton Groot Floors if the complete order is returned.

 

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.

 

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

 

Right of retention

  1. Ton Groot Floors can appeal to his right of retention of title and in that case retain the products sold by Ton Groot Floors to the customer until the customer has paid all outstanding invoices with regard to Ton Groot Floors, unless the customer has provided sufficient security for these payments.
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Ton Groot Floors.
  3. Ton Groot Floors is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

 

Settlement

The customer waives his right to settle any debt to Ton Groot Floors with any claim on Ton Groot Floors.

 

Retention of title

  1. Ton Groot Floors remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Ton Groot Floors under whatever agreement with Ton Groot Floors including of claims regarding the shortcomings in the performance.
  2. Until then, Ton Groot Floors can invoke its retention of title and take back the goods.
  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwiseencumber the products.
  4. If Ton Groot Floors invokes its retention of title, the agreement will be dissolved and Ton Groot Floors has the rightto claim compensation, lost profits and interest.

 

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Ton Groot Floors unless the parties have agreed upon otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer.
  4. If the agreed price is not paid on time, Ton Groot Floors has the right to suspend its obligations until the agreedprice is fully paid.
  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late deliveryby Ton Groot Floors.

 

Delivery period

  1. Any delivery period specified by Ton Groot Floors is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Ton Groot Floors.
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Ton Groot Floors cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

 

Transport costs

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

 

Packaging and shipping

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Ton Groot Floors may not be held liable for any damage.
  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Ton Groot Floors, failing which Ton Groot Floors cannot be held liable for any damage.

 

Insurance

  1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:- goods delivered that are necessary for the execution of the underlying agreement
    – goods being property of Ton Groot Floors that are present at the premises of the customer
    – goods that have been delivered under retention of title 

     

  2. At the first request of Ton Groot Floors, the customer provides the policy for these insurances for inspection.
  3. The customer is obliged to take out a CAR (Construction All Risk) insurance at his own expense and cannot claimcompensation for any damage that would otherwise be covered by this insurance, unless parties have agreed otherwise in writing.

Storage

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

 

Assembly / Installation

Although Ton Groot Floors strives to carry out all assembly and/or installation work as well as possible, it does not bear any responsibility for this, except in case of intent or gross negligence.

 

Guarantee

  1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for Ton Groot Floors, not obligations of results.
  2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
  3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changesmade to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly beestablished.
  4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will passon to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

 

Performance of the agreement

  1. Ton Groot Floors executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. Ton Groot Floors has the right to have the agreed services (partially) performed by third parties.
  3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of thepossibly agreed advance by the customer.
  4. It is the responsibility of the customer that Ton Groot Floors can start the implementation of the agreement on time.
  5. If the customer has not ensured that Ton Groot Floors can start the implementation of the agreement in time, theresulting additional costs and/or extra hours will be charged to the customer.

 

Duty to inform by the customer

  1. The customer shall make available to Ton Groot Floors all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
  3. If and insofar as the customer requests this, Ton Groot Floors will return the relevant documents.
  4. If the customer does not timely and properly provides the information, data or documents reasonably required byTon Groot Floors and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

 

Indemnity

The customer indemnifies Ton Groot Floors against all third-party claims that are related to the products and/or services supplied by Ton Groot Floors.

 

Complaints

  1. The customer must examine a product or service provided by Ton Groot Floors as soon as possible for possible shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Ton Groot Floors of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
  3. Consumers must inform Ton Groot Floors of this within two months after detection of the shortcomings.
  1. The customer gives a detailed description as possible of the shortcomings, so that Ton Groot Floors is able to respond adequately.
  2. The customer must demonstrate that the complaint relates to an agreement between the parties.
  3. If a complaint relates to ongoing work, this can in any case not lead to Ton Groot Floors being forced to performother work than has been agreed.

Giving notice

1. The customer must provide any notice of default to Ton Groot Floors in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Ton Groot Floors (in time).

 

Joint and several Client liabilities

If Ton Groot Floors enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Ton Groot Floors under that agreement.

 

Liability of Ton Groot Floors

  1. Ton Groot Floors is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
  2. If Ton Groot Floors is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3. Ton Groot Floors is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If Ton Groot Floors is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Expiry period

Every right of the customer to compensation from Ton Groot Floors shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

 

Dissolution

  1. The customer has the right to dissolve the agreement if Ton Groot Floors imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
  2. If the fulfillment of the obligations by Ton Groot Floors is not permanent or temporarily impossible, dissolution can only take place after Ton Groot Floors is in default.
  3. Ton Groot Floors has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Ton Groot Floors good grounds to fear that the customer will not be able to fulfill his obligations properly.

 

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Ton Groot Floors in the fulfillment of any obligation to the customer cannot be attributed to Ton Groot Floors in any situation independent of the will of Ton Groot Floors, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Ton Groot Floors .

  1. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
  2. If a situation of force majeure arises as a result of which Ton Groot Floors cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Ton Groot Floors can comply with it.
  3. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  4. Ton Groot Floors does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

 

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

 

Changes in the general terms and conditions

  1. Ton Groot Floors is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Major changes in content will be discussed by Ton Groot Floors with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms andconditions.

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with Ton Groot Floors to third parties without the prior written consent of Ton Groot Floors.
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

 

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Ton Groot Floors had in mind when drafting the conditions on that issue.

 

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties.
  2. The Dutch court in the district where Ton Groot Floors is established is exclusively competent in case of anydisputes between parties, unless the law prescribes otherwise.

 

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl /nl).

 

Drawn up on 06 mei 2024.