General Terms and Conditions
Article 1 General provisions
1.1 These general terms and conditions apply to all offers, quotations and agreements between the Client and Thinking of Holland VOF (hereinafter: “TOH”), concluded in whichever way (in writing, orally, through the web shop, by e-mail or in a branch of TOH), unless explicitly agreed otherwise in writing and in advance between TOH and the Client.
1.2 Any general terms and conditions used by the Client, are hereby explicitly rejected by TOH.
1.3 In the event that any provision of these conditions shall be held to be invalid or be annulled, the same shall not affect in any respect whatsoever, the validity or enforceability of the remaining provisions. In such event, TOH will as soon as possible replace the provision held to be invalid or the annulled provision by a new provision which compares to the original provision to the maximum extent permitted by law.
1.4 In the event that any provision of these conditions is unclear or a situation occurs which these conditions do not provide for, the relevant provision or situation shall be interpreted as much as possible in accordance with the intention of the remaining provisions.
Article 2 Definitions
2.1 In these conditions the following words shall have the indicated meanings: Client: any natural person or legal entity whom TOH delivers goods or services to, makes an offer or quotation or to whom TOH performs services; Business Gifts: presents usually given to business acquaintances.
Article 3 Quotations and offers
3.1 All quotations and offers are not binding upon TOH and remain valid for 30 calendar days after date of issue, unless another date for acceptance has been stated in the quotation or offer.
3.2 Any agreement between TOH and the Client shall come into force only if and to the extent that the assignment or order is accepted or confirmed in writing by TOH.
3.3 In the event that the assignment or order by the Client differs from the written confirmation by TOH, the written confirmation by TOH shall be binding.
3.4 Unless indicated otherwise, the prices mentioned in a quotation, an offer, in TOH branches or in the web shop, include VAT and do not include any additional costs such as shipping costs.
3.5 TOH is not bound by the prices mentioned in any quotation or offer, in a TOH branch or in the web shop if the Client could or should have reasonably understood that they contained an apparent mistake or writing error.
3.6 Compound price quotations do not compel TOH to carry out part of the assignment or order at a proportional price.
3.7 Prices mentioned in offers and quotations do not automatically apply to future orders.
Article 4 Duration of contract, suspension and performance
4.1 TOH reserves the right to suspend (opschorten) in part or in whole the performance of the agreement with the Client in the event that the financial situation of the Client gives TOH a reasonable motive to do so. Such suspension will not reduce TOH’s right to compensation (schadevergoeding).
4.2 Any times or dates agreed or indicated for the completion of work or the delivery of goods, are estimates and shall not be considered to indicate a deadline (fatale termijn). In the event that an agreed date is exceeded by TOH, the Client will be bound to give notice of default in writing and offer the opportunity to perform the agreement properly. When doing so, the Client shall observe a reasonable period of time.
4.3 TOH cannot be compelled to fulfil any obligation vis-à-vis the Client if it is hindered to do so as a consequence of circumstances which are neither due to TOH’s fault nor should be borne by TOH pursuant to the law, a legal act or according to common opinion.
4.4 During a period of force majeure, TOH has the right to suspend its obligations pursuant to the agreement.
Article 5 Communication
5.1 TOH is not liable for incorrect or delayed processing of order details of the Client and information to the Client as a result of the use of internet or any other means of communication in the dealings between the Client and TOH and any damage as a consequence thereof.
Article 6 Purchase, transport, delivery
6.1 Any delivery dates indicated by TOH are estimates, are no deadlines (fatale termijn) and will be kept as much as possible. If a delivery date is exceeded, the Client will not be entitled to compensation or dissolution of the agreement.
6.2 Unless otherwise agreed in writing between TOH and the Client, for orders placed through the web shop a maximum delivery period of 30 calendar days applies.
6.3 Unless otherwise agreed in writing between TOH and the Client, TOH determines the means of transport of the goods ordered through the web shop.
6.4 The risk of loss, damage or decrease in value passes to the Client at the moment the goods are brought into the power of the Client in whichever way. In cases in which the goods are not picked up by the Client in a branch of TOH, the moment of transfer into the power of the Client can be the moment that the goods are delivered at the stated address of the Client, or in case of absence of the Client, a post office, neighbours of the Client or (with the consent of the Client) a third party.
Article 7 Payment
7.1 Payment shall be made dependent on the form of purchase, unless in case of Business Gifts or orders with a value exceeding EUR 500.00: in case the goods are ordered through the web shop or by e-mail: full payment before delivery by TOH; in case the Client places an order or purchases in a branch of TOH: full payment before the Clients takes possession of the goods or the goods are delivered to the Client.
7.2 In case of an order made in whichever way, with a total value exceeding EUR 500.00, TOH can ask for a minimum advance payment of 50 percent.
7.3 In case of Business Gifts and only when explicitly agreed beforehand between TOH and the Client, payment can be made after delivery on the basis of an invoice. Payment by the Client shall be made within 14 calendar days after the date of the invoice in the way indicated by TOH and in the currency as invoiced, unless otherwise agreed in writing.
7.4 In all cases in which payment is made after delivery on the basis of an invoice, the Client will be considered to be in default (verzuim) when payment is not made in time. From the date of maturity of the invoice interest is due. The interest rate shall be the statutory interest rate in case of a consumer sale and 1% per month in all other cases. Interest is due from the day of default until the day of complete payment of the total amount due.
7.5 Payment can be made in the following forms: in a branch of TOH: in cash, with debit or credit card (American express, MasterCard, VISA or Maestro); in the web shop: with credit card (American Express, MasterCard, VISA or Maestro) or iDeal.
Article 8 Warranty and returns
8.1 Only goods ordered through the web shop can be returned by the Client to TOH for a period of 7 working days without cause and with full reimbursement of the purchase price, but not if one of the following conditions applies: – the goods are made at the instruction or according to specifications indicated by the client; – the goods have an obvious personal character; – the goods cannot be returned from their nature; – the Client and TOH have explicitly ruled out the 7 working days period.
8.2 Goods can only be returned after prior written confirmation from TOH and only in the manner indicated by TOH in the confirmation.
8.3 The Client can only return goods to TOH that are complete, undamaged, unused and transferred in the original packaging.
8.4 Goods can be returned up to the 21st calendar day after purchase by the Client.
8.5 The Client is responsible for any damage occurred during return.
8.6 If the goods are returned fully in line with the return policy as described above, TOH will reimburse to the Client the purchase price (excluding shipping costs et cetera) within 30 days after receipt of the returned good.
8.7 All goods supplied by TOH meet the general standards and demands as reasonably required at the time of delivery and which are needed for normal use according to their purpose under Dutch law. In case of use outside the Netherlands, the Client has the obligation to verify whether the goods are suitable for use there and whether they comply with the standards and demands as required there.
8.8 Any warranty becomes void if a defect (gebrek) occurs as a result of injudicious or improper use, incorrect storage or treatment of the goods, without prior written consent from TOH. Any warranty also becomes void if a defect occurs as a result of circumstances beyond the control of TOH, including – but not exclusively – extreme weather conditions.
8.9 The Client has the obligation to immediately inspect the goods delivered for defects and to report the same to TOH, without delay but ultimately 1 month after delivery.
Article 9 Retention of title
9.1 Full legal and beneficial ownership of the goods shall remain with TOH unless and until TOH has received payment in full for the goods.
9.2 The Client will fully and unconditionally respect any intellectual property rights attached to the goods delivered by TOH. TOH cannot guarantee that the goods delivered to the Client do not violate any (unwritten) intellectual and/or industrial property right of third parties.
Article 10 Non-attributable shortcomings
10.1 TOH is entitled to dissolve (ontbinden) the agreement with the Client by means of a written notification to the Client or to suspend (opschorten) the performance of the agreement, without any right of compensation arising, if the performance of the agreement is hampered or hindered by force majeure. Force majeure includes without limitation: operational failure or business interruption of any kind to the extent that they occur as a result of events or circumstances which are reasonably not attributable to TOH; delayed or late delivery of goods by the suppliers of TOH; transport problems or transport barriers of any kind, causing transport to or from TOH to be hampered or hindered, to the extent that these problems or barriers are not attributable to TOH according to common opinion; the Client is in default for more than 2 months; the Client has applied for suspension of payment or has been declared bankrupt; one or more of the properties of Client have been attached (beslagen).
Article 11 Language, applicable law and jurisdiction
11.1 These general terms and conditions are written in Dutch as well as in English. In the event that a dispute arises in connection with the interpretation or contents of these general terms and conditions, the Dutch text will be binding.
11.2 All legal relationships between TOH and the Client are exclusively governed by Netherlands law. The applicability of the Vienna Sales Convention (CISG) is excluded.
11.3 All disputes arising between TOH and the Client shall be submitted to the competent court of Amsterdam, the Netherlands.
Thinking of Holland is located in Amsterdam, the Netherlands and is registered with the trade register under number 55842844 .