Article 1: Definitions
1.1. User: DriedHome B.V. and its legal successors.
1.2. Customer: natural and legal persons who conclude an agreement with DriedHome B.V..
Article 2: General
2.1. These conditions apply to all offers and agreements between the user and the customer, unless this is explicitly deviated from in writing.
2.2. The user explicitly rejects the applicability of any conditions from the customer.
2.3. If any condition becomes fully or partly void or invalid, the remaining conditions remain in full force. The user will then work with the customer to replace the void or voided condition by a new condition. The new condition is drawn up according to the purpose and intent of the condition to be replaced.
2.4. These conditions also apply to agreements whereby user uses third parties for implementation.
2.5. In case of lack of clarity concerning a condition, it must be interpreted in the spirit of these terms and conditions. This explanation is also used when a situation arises that is not covered in these conditions.
2.6. The user can, to the benefit of the customer, deviate from these conditions or implement them in a different manner. However, this does not mean that these conditions do not apply. The user reserves the right to require compliance with these conditions.
Article 3: Agreement
3.1. The agreement is entered into electronically via the Internet.
3.2. An agreement via the Internet is only concluded after acceptance of an order by the User. The User is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise.
3.3. If the order has not reached the User due to technical shortcomings, no agreement has been concluded.
3.4. All examples, illustrations shown by the User or included on the User's website serve only to give a general impression of what is offered. Deviations that are not considered by the User as a substantial change of the offer cannot entitle the buyer to any rights and do not entitle the buyer to refuse payment or receipt of the delivered goods.
3.5. Illustrations, descriptions, size and weight specifications, prices or other indications provided by the User in catalogues, circulars, automated data files, websites, offers, etc. do not bind the User.
Article 4: Amendment of conditions
4.1. The user reserves the right to change these conditions. The amended conditions take effect when they are disclosed to the customer.
4.2. The customer reserves the right to terminate the agreement within two weeks after the amended conditions have been made known to him.
4.3. If the customer does not respond within two weeks to the communication, the user is entitled to make assume that the customer has accepted the amended conditions.
Article 5: Periods
5.1. An agreed period only starts after any materials and information have been provided by the customer. If applicable, a period only starts after payment of an agreed advance.
5.2. The user does his utmost best to comply with the agreed periods, which are included in the agreement. The user will not be in default if they exceed the agreed periods.
5.3. The Purchaser may not cancel the agreement earlier, refuse to take delivery of products or refuse to pay after he has given the User notice of default in writing and by registered letter and given the User a period of 30 days to still comply with the execution of the agreement.
5.4. If no delivery takes place even after notice of default, the buyer will only be entitled to cancel the agreement in writing. Non-delivery can never, not even after notice of default, give rise to a claim for damages against us.
Article 6: Prices and payment
6.1. The agreed prices are exclusive of turnover tax and inclusive of transport costs and are stated in Euros unless otherwise stated.
6.2. Agreed prices are based on the cost factors applicable at the time of the conclusion of the agreement.
6.3. Payment will be made at all times during the ordering process.
6.4. The User may provide the following payment methods before delivery:
(a) Credit card: The Purchaser can enter his payment details at the time of placing the order by using a valid credit card (VISA or Mastercard). The applicable amount will be immediately debited from the Purchaser’s card. The User reserves the right to check the validity of the credit card, the credit status in relation to the value of the order and whether the Purchaser’s address details are correct. Depending on the results of these checks, the User may refuse orders;
(b) iDeal: the applicable amount will be debited immediately from the Purchaser’s bank account.
(c) Paypal: When the Purchaser pays with Paypal, the User reserves the right to check the validity of the Paypal account to verify that there are sufficient funds to cover the purchase price and to verify the Purchaser’s billing address. The applicable amount will be immediately debited from the Purchaser’s Paypal account. The User reserves the right to refuse a purchase.
Article 7: Research, defaults and returns
7.1. Once the goods are available for the customer, the customer must examine if the delivered goods correspond to what was agreed in advance. The customer is obliged to inform the user in writing within 7 days of visible defects. Non-visible defects must be reported to the user in writing within 14 days of discovery. The written notification must clearly define the deficiencies.
7.2. The customer has no right to repair, replacement or compensation if defects are not reported in a timely and appropriate manner to the user.
7.3. The user has the right to investigate the report. Any (research) costs concerning an unfounded report are borne by the customer.
7.4. The user can choose to replace, repair, or reimburse the delivered goods.
7.5. Returns will only be accepted by the User if:
(a) The User has approved the return in writing in advance;
(b) this is done carriage paid and with reimbursement of costs;
(c) the products are stock or standard products;
(d) the delivery did not take place more than 2 weeks ago;
(e) the products returned do not exceed 10% of the amount of the original delivery.
Article 8: Retaining ownership
8.1. The user retains ownership of all goods delivered to the customer until the customer has fulfilled all obligations under the agreement. The customer has no right to sell the goods, exchange, give away, pledge, encumber, etc. as long as the user retains ownership.
8.2. The customer notifies the user when third parties seize the goods delivered, or wish to establish or exercise rights. Any damage to the goods comes at the risk of the buyer. The customer is obliged to take out insurance covering the risks so that he can compensate this loss. The customer does everything he can to prevent or limit damage.
8.3. The user reserves the right to take back the delivered goods and thereby enter the premises of the customer or third parties involved by the customer.
Article 9: Product information for natural products
9.1. Natural decoration materials are made wholly or partly from naturally grown products. Each product is unique, and therefore varies in shape, size, weight, colour, etc. Due to weather influences, harvests, and therefore products, can change annually in length, size, colour and availability. In the case of dyed, glittered and snow-covered natural materials, the base of the natural material (light - dark, etc.) determines the final colour. The result on the final product will therefore be different if the substrate of the product is different. With dyed products there is no 100% match with the pantone number, because paint is mixed manually, a limited colour variation per production batch is therefore possible. The above characteristics should be taken into consideration. The User can therefore never grant rights to its natural products that ignore the characteristics as described above.
9.2 The availability of stock products is subject to the following conditions: as long as stocks last.
9.3 Humidity during storage and transport affects the condition of natural products. Humidity should therefore be avoided in order to prevent moisture and mould.
9.4 Dry and dark storage and transport is important for maintaining product quality
9.5 Boxes must be handled with care to prevent damage to the products.
Article 10: Liability
10.1. Should the user be liable for any damages, the user's liability is limited to the direct damages. The user's liability is limited to the invoice value of the agreement, at least to that part of the agreement to which the liability relates. The user's liability is in any case limited to the sum for which the user is assured.
10.2. The user is never liable for indirect damages, including consequential damages, lost profits, lost savings and damage due to business interruption. The user is also never liable for damage caused because the user assumed incorrect or incomplete information provided by the customer. The user is not liable for damage incurred during transport or shipping.
10.3. Direct damage is exclusively: the reasonable costs incurred to determine the cause and extent of the damage, the reasonable costs incurred to still implement the agreement correctly and reasonable costs to prevent or limit the damage. These costs only fall under the direct damage if it is found that the damage is attributable to the user.
10.4. The limitation of the user's liability is only valid if there is no damage as a direct result of intent or gross negligence by the user, one of his subordinates or third parties.
10.5. If the user can not or does not properly fulfil the agreement at the hands of the customer, the customer is held responsible for all direct and indirect damage on the part of the user.
10.6. The customer indemnifies the user against any claims of third parties suffering damage in connection with the execution of the agreement and of which the cause can be attributed to another than the user. If for this reason the user is addressed by third parties, the customer is obliged to assist the user both outside and in law and immediately do for him which can be expected in that case. Should the customer fail to undertake adequate measures, the user is, without notice, entitled to undertake these measures. All costs and damages that result on the part of the user and third parties are for the account and risk of the customer.
Article 11: Intellectual Property
11.1. User retains all intellectual property rights.
11.2. The user may use all the knowledge that the he obtains through the execution of the agreement for other purposes, except for confidential data of the customer.
Article 12: Force majeure
12.1. In case of force majeure, user obligations arising from the agreement concluded with the customer, are suspended. The user notifies the customer as soon as possible of the force majeure situation.
12.2. Force majeure means, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, which the user cannot influence and whereby the user is unable to meet his obligations. This could include, among other things: strikes, technical complications, illness of deployed personnel, governmental measures, failures, etc...
12.3. The user has the right to suspend his obligations during a force majeure. The user has no obligation to pay any damages as a result of the force majeure.
12.4. The parties have the right to terminate the agreement if the force majeure lasts longer than 60 days. The parties have no obligation to pay any damages as a result of the termination.
12.5. If the user has already partially fulfilled or can still meet the agreement and the section is of independent value, the user is entitled to invoice this separately. There will be a separate agreement; the customer is therefore obliged to pay this invoice.
Article 13: Applicable law and disputes
13.1. To all legal relationships whereby the user is party, Dutch law is exclusively applicable, also if an agreement wholly or partly executed abroad or if the party involved in the legal relationship resides there. The applicability of the Vienna Sales Convention is excluded.
13.2. The court in the location of the user is exclusively competent to take note of any disputes, unless the law requires otherwise. Nevertheless, the user has the right to submit the dispute to the legally competent court.
13.3. The parties will first appeal to the courts after they have done their utmost to settle a dispute in mutual consultation.