Terms and Conditions for delivery to the customer of orders via gardenfurniturecovershop.com.
Article 1 General
1.1 - These General Terms and Conditions apply to all offers of Garden furniture cover shop, hereinafter referred to as GFCS and on all agreements concluded with GFCS in so far as these Terms and Conditions are not expressly and in writing deviated by the parties.
1.2 - If the customer refers to his / her terms, these terms are not valid unless expressly agreed by GFCS.
1.3 - The terms set out in these Terms and Conditions may only be waived if expressly agreed in writing. In that case, the remaining provisions of these General Terms, which have not been written in writing, shall remain in force.
1.4 - Accepting an offer or placing an order means that the customer accepts the applicability of these Terms and Conditions.
1.5 - A customer is any natural or legal person who comes into contact with GFCS in any contractual relationship of any kind.
1.6 - These Terms and Conditions have been deposited with the Chamber of Commerce in Rotterdam. GFCS reserves the right to change and / or supplement these Terms and Conditions from time to time. Applicable is always the last registered version, or the version that was valid at the time of the establishment of the legal relationship with GFCS.
1.7 - GFCS is authorized to use intermediaries and other third parties in the performance of an agreement with the Customer. These General Terms and Conditions in this case are also fully applicable.
Article 2 Sale Offers
2.1 - All sales offers from TSH are free of charge unless the offer has a deadline for acceptance.
2.2 - An offer will expire if the product is no longer available in the meantime.
2.3 - Information, images, announcements delivered by telephone, or by e-mail and statements etc. regarding all offers and key features of the products are displayed or done as accurately as possible. GFCS does not guarantee that all offers and products are fully in accordance with the given information. Colors as shown on GFCS's website may differ from the colors of the delivered product. Deviations from what is shown on the website can not, in principle, qualify for compensation to damages and / or dissolution.
Article 3 Agreement
3.1- An agreement will be reached when an order confirmation of a customer's order has been sent by e-mail to the Customer's e-mail address. Customer and GFCS expressly agree that a valid agreement will be established by using electronic forms of communication as soon as this order confirmation has been sent to Customer. The electronic files of GFCS apply, as far as the law permits, as a presumption of evidence.
Article 4 Delivery and transport
4.1 - GFCS has most items in stock. Orders will be delivered as soon as possible. In advance, we will ship the items ordered as a rule within three business days of receipt of the payment. In case of payment by courier, we will ship the items ordered as a rule within three business days of receipt of your order. The stated delivery times are indicative and are never valid as a fatal term.
Exceeding any delivery period does not entitle the Customer to damages or the right to cancel the order or to terminate the contract unless the delivery period is exceeded so that the Customer can not reasonably be required to provide the Customer with the agreement late. In that case, the Customer is entitled to cancel the order or to dissolve the agreement as far as is necessary.
Any money already paid will be returned to the customer.
4.2 - If a product that is temporarily out of stock is ordered by the Customer, we will indicate when the product is available again. Delays will be notified to the Customer by email or by telephone.
4.3 - Delivery will be made at the address specified by the Customer during the conclusion of the agreement.
4.4 - On delivery abroad, different conditions may apply.
4.5 - GFCS is not responsible for the incorrect delivery by Post.nl, DPD or other carriers.
4.6 - If the Customer fails to receive the products, the resulting damage and costs for GFCS will be borne by the Customer. Any returns to GFCS are for the account of the Customer and must be done free of charge and in writing by reason.
Article 5 Retention of title
5.1 - GFCS will remain the sole owner of the delivered item until the purchase price is met. The risk in respect of the products is over when the products are offered at the delivery address specified by the customer.
Article 6 Prices and payments
6.1 - All prices quoted by GFCS are expressed in Euros, including sales tax and excluding shipping and handling costs, unless otherwise stated or agreed in writing.
6.2 - The amount of shipping and handling costs is stated on the internet site.
6.3 - Special offers are only valid for the period of validity as stated on the internet site regarding that special offer.
6.4 - Offers do not apply automatically to repeat orders.
6.5 - THS expressly reserves the right to change prices, especially when required by (legal) regulations.
6.6 - Orders made through the internet site can be paid in the following ways:
* Prepayment: The Customer will pay the due amount including shipping costs and any additional costs for additional service on Rabo account NL88RABO 031.18.33.101 in the name of Raffles Furniture in Capelle aan den IJssel, stating the order date and order number.
Article 7 Exchange and revocation
7.1 - The Customer is obliged to examine the products on delivery accurately if the products comply with the agreement. The Customer should take into account minor differences in color and color of the products shown on the internet site. A difference of 2% is considered acceptable. At 3% or more, you are entitled to return. If the products do not respond to the agreement, Customer should inform THS as soon as possible and in any event within seven working days of delivery, at least after reasoning, that it is reasonably possible to provide written or e-mail.
7.2 - If it has been shown that the products do not conform to the agreement, THS has the choice to replace the products concerned with the return of them by re-entering new products or reimbursing the invoice value.
7.3 - If Customer does not wish to withdraw a product for any reason, Customer is entitled to return the product within seven working days after delivery to THS. Returns in this case will only be accepted if the products are not damaged or used and are packed in original packaging.
7.4 - If the Customer makes use of the right as stated in the previous paragraph, THS carries out repayment of the amount paid by the Customer to THS within 14 days after Customer's return of the Product.
7.5 - The cost of returning the products is at the customer's expense. The products can also be returned to our physical shop Raffles Furniture, Channelweg 2a, 2903 LS Capelle aan den IJssel.
Article 8 Warranty and Liability
8.1 - THS gives factory warranty on the purchased items. This warranty does not apply in case of wear and tear and may be considered normal and further in the following cases: improper use, intentional or gross negligence.
8.2 - THS is never obligated to pay any damages to the Customer or others unless there is intent or gross negligence on the part of THS. THS is never liable for consequential or business damage, indirect damage and profit or loss.
8.3 - If THS is obliged to pay any damages for any reason then the damages will never exceed an amount equal to the invoice value relating to the product or service that caused the damage.
8.4 - It may be THS on its internet site links to other internet sites that may be interesting or informative to the visitor.
Such links are purely informative. THS is not responsible for the content of the web site referred to or its use.
Article 9 Force majeure
9.1 - In case of force majeure, THS is not obliged to meet its obligations to the Customer, or the obligation is suspended for the duration of force majeure.
9.2 - By force majeure we mean any condition that is independent of its sole discretion, which prevents, in whole or in part, the fulfillment of its obligations towards the Customer. Such conditions include strikes, fire, malfunctions, power failures, non-timely deliveries of suppliers or other third parties involved and the absence of any government-authorized license. Also, under force majeure is meant interference in a (telecommunications) network or connection or used communications systems and / or at any time not available from the internet site.
Article 10 Intellectual Property
10.1 - The Customer expressly acknowledges that all intellectual property rights of displayed information, images, communications or other statements relating to the products and / or the Internet site relate to THS, its suppliers or other proprietors.
10.2 - Intellectual property is defined as patent, trademark,
design rights and / or similar rights, which also included whether or not patentable technical and / or commercial, methods and concepts.
10.3 - The Customer is prohibited from using (including the inclusion of changes) of the intellectual property rights as described in this article, such as reproducing without express prior copyright, trademark, design, and rights and / or similar rights , including also understood or not patentable technical and / or commercial methods, and concepts.
Article 11 Privacy Customer
11.1 - The information provided by the Customer is treated confidentially by THS and is used for the following purposes:
* Processing the order, payment thereof and delivery at the correct delivery address.
* promoting the user-friendliness of the site.
* Being able to make offers and actions or provide relevant information or news bulletins for you.
11.2 - THS respects the applicable privacy rules and legislation.
11.3 - THS does not provide customer information to third parties.
Article 12 Right of choice and competent court
12.1 - Any agreement between THS and the Customer shall be governed by Dutch law. The application of the Vienna Convention is expressly excluded.
12.2 - All disputes between parties will be submitted exclusively to the competent court in the Netherlands.
Article 13 Miscellaneous
13.1 - GFCS is located in Capelle aan den IJssel, and registered with the Chamber of Commerce in Rotterdam under number: 68448961. The VAT identification number is NL857448730B01
13.2 - Please send all correspondence to GFCS, Kanaalweg 2a in Capelle aan den IJssel, or to the e-mail address as indicated on the internet site.
13.3 - If, for a short or longer period of time, GFCS permits deviations from these General Terms and Conditions, do not allow it to claim immediate and strict compliance with these Terms and Conditions. The Customer can never make any right due to the fact that GFCS applies these Terms of Service in a flexible way.