Terms and Conditions:
General Terms and Conditions Silk & Arts, established in Dronten, KvK 82428611
Version valid from 01-04-2021
Article 1 Applicability
- These general terms and conditions apply to all offers and all agreements made and/or concluded by Silk & Arts.
2. By placing an order or assignment you agree to the delivery and payment conditions. Silk & Arts reserves the right to change its delivery and/or payment conditions if necessary, so always check the website whether you are aware of the latest version of these general terms and conditions.
3. Deviation from these terms and conditions is only possible if agreed in writing.
4. In these general terms and conditions, “in writing” means: by letter, by e-mail, or any other means of communication that can be equated with this.
5. The possible inapplicability of a (part of a) provision of these general terms and conditions does not affect the applicability of the other provisions.
6. Once these general terms and conditions apply, they also apply to new and subsequent agreements between Silk & Arts and the buyer.
7. The applicability of the conditions used by the other party is expressly excluded.
8. Silk & Arts is entitled to unilaterally change the content of these general terms and conditions. The amended terms and conditions are legally valid from the moment that the content of the amendment(s) has been made known to the buyer in writing via publication on the website.
Article 2 Conclusion of the agreement
- The agreement is concluded as soon as Silk & Arts has notified the buyer of the acceptance of the order in writing or if Silk & Arts has commenced the execution of the agreement with the express or tacit consent of the buyer.
2. Oral offers and agreements are only binding after Silk & Arts has confirmed them in writing. The written confirmation is deemed to be correct, unless the buyer makes his objections known in writing to Silk & Arts within 5 days after receipt of the agreement.
3. Silk & Arts reserves the right not to accept orders or assignments without stating reasons or to accept them only on the condition that the start of the assignment or shipment takes place against cash on delivery or after payment in advance.
Article 3 Prices
- Unless indicated otherwise, the prices quoted by Silk & Arts are in Euros and including taxes, excluding any shipping costs.
2. If, after the agreement has been concluded, circumstances arise that reasonably require a price adjustment, Silk & Arts will be entitled to pass on the price adjustment separately to the buyer. Circumstances are in any case but not limited to:
– change in the wages and/or other costs of Silk & Arts as a result of changes in laws.
– decisions or orders by the government of a mandatory character and changes in the costs of raw materials, materials, means of transport, etc..
3. All prices on the website are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
Article 4 Payment
- Unless otherwise agreed, an advance payment before commencement of the assignment and/or payment before delivery applies to every order. Unless otherwise agreed, delivery is by registered (parcel) post at the expense and risk of the buyer.
2. If payment is not made within the term referred to in paragraph 1, the buyer is in default and the statutory (commercial) interest will be charged. Any judicial or extrajudicial costs will be borne by the buyer. The extrajudicial costs are determined in accordance with the Extrajudicial Collection Costs Standards Act and the accompanying Decree.
3. Silk & Arts is entitled to demand a down payment from the buyer.
4. Silk & Arts is authorized to suspend the fulfillment of its obligations towards the buyer if and as long as Silk & Arts has any claimable claim against the buyer.
Article 5 Delivery, transport, storage and use
- Delivery takes place by registered (parcel) post at the expense and risk of the buyer, unless the parties have agreed otherwise.
2. Silk & Arts’ obligation to deliver will be fulfilled as soon as the goods have been sent by registered (parcel) post. The buyer will receive a shipping receipt. Shipment is always at the expense and risk of the buyer.
3. The risk with regard to products sold and delivered by Silk & Arts transfers to the buyer at the time of shipment. Delivery is deemed to have taken place the moment the item has been presented to the (parcel) post and Silk & Arts has received a proof of shipment.
4. If the buyer refuses to take delivery of the purchased product(s), the product(s) will be returned at the expense and risk of the buyer. In that case Silk & Arts has fully complied with its delivery obligation. Buyer is not entitled to a refund.
5. Silk & Arts cannot be held liable for the consequences of transport, storage and use or application by non-skilled (auxiliary) persons or under unusual circumstances. Silk & Arts is also not liable if the advice provided by Silk & Arts with regard to the transport, storage and use or application of the delivered product(s) by the buyer and/or third parties have, in the opinion of Silk & Arts, not been followed strictly.
6. The buyer indemnifies Silk & Arts against all third-party claims as a result of the provisions of this article.
Article 6 Delivery schedule
- The delivery dates specified by Silk & Arts, in whatever form, are indicative and are never intended to be fatal.
2. The delivery dates have been drawn up in the expectation that there will be no obstacles for Silk & Arts to take up the execution of the agreement.
3. The delivery schedule only starts after Silk & Arts has received all the necessary information, and the advance payment has been received on the, by Silk & Arts, specified bank account number.
4. If Silk & Arts exceeds the agreed delivery period, this must have been communicated to the buyer in verbal or written form. Exceeding the agreed delivery period in no way entitles the buyer to compensation, unless this has been agreed in writing between the buyer and Silk & Arts.
Article 7 Liability
- Silk & Arts is only liable for damage suffered by the buyer if that damage is the result of an attributable failure on the part of Silk & Arts in the execution of the agreement. We speak of an attributable shortcoming when a party does not (fully) fulfill its contractual obligations. This liability is limited to the amount of the compensation that Silk & Arts has or will receive for its product(s) in the context of the agreement with the buyer.
2. The damage, as referred to in paragraph 1, is limited to direct material damage
Except in the case of intent or gross negligence, Silk & Arts is never liable for:
a) Financial loss including, for example, stagnation damage and lost profit;
b) Consequential damage;
c) Damage as a result of intent or willful recklessness of auxiliary persons or subordinates of Silk & Arts.
d) Damage caused by the addition or removal of any substance from the product(s) by the buyer.
3. The liability for damage due to intent or gross negligence is limited to the amount of the compensation that Silk & Arts has or will receive for its product(s) in the context of the agreement with the buyer.
4. The liability for damage resulting from intent or gross negligence on the part of Silk & Arts due to death or physical injury or for material damage to goods can never exceed the amount paid out by the insurer in the relevant case.
5. If the buyer has insured any damage risk associated with the execution of this agreement, he is obliged to indemnify Silk & Art against that risk.
6. The buyer indemnifies Silk & Arts against claims from third parties due to or as a result of the execution of this agreement.
7. Silk & Arts is not liable for damage caused by third parties at workshops (on location). Silk & Arts makes every effort to protect furniture, clothing, floors, etc. Damage is at all times for the guest’s own liability.
8. Silk & Arts is not liable for damage caused by incorrect transport, storage, use or maintenance of the delivered goods. Read the (user) instructions carefully before use and store them carefully for future reference.
Article 8 Force majeure
- If the execution of the agreement stagnates due to circumstances not attributable to Silk & Arts (force majeure), as a result of which the agreement cannot be performed or only partially, this cannot be attributed to Silk & Arts. Force majeure is understood to mean any foreign cause, as well as any circumstance, which should not reasonably be at risk of Silk & Arts. In particular, but not exclusively; Delay or default by our suppliers or delivery services, power, internet, e-mail, and third-party technology disruptions or changes, transportation difficulties, strikes, government action, delays in supply, negligence on the part of suppliers and/or manufacturers of Silk & Arts as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment, loss of materials to be processed, etc.
Silk & Arts will inform the buyer of the aforementioned circumstances as soon as possible.
2. In the event of force majeure, Silk & Arts reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that execution remains possible. Silk & Arts is under no circumstances obliged to pay any fine or compensation.
3. If, as a result of measures taken by the buyer, execution of the agreement is temporarily not or only partially possible or is not meaningful, this does not entitle the customer to a reduction of the agreed price.
4. If Silk & Arts has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice. as if it were a separate contract.
Article 9 Complaints
- Complaints will only be handled by Silk & Arts if the buyer has submitted a written complaint to Silk & Arts directly within 5 calendar days after the buyer has discovered or should reasonably have discovered the defect.
2. Complaints about invoices must be submitted within 5 calendar days after the invoices have been sent.
3. When the term has expired, the buyer is deemed to have approved the delivered goods or the invoice. Complaints will then no longer be processed by Silk & Arts.
4. If the buyer wishes to return the delivered goods, this can only be done after Silk & Arts’ express prior consent, under conditions to be determined by Silk & Arts.
Article 10 Retention of title
- Silk & Arts retains title to the product(s) and is entitled to retain them until the invoices relating to the product(s) have been paid in full by the buyer and all obligations have been met by the buyer, including claims in respect of fines, interest and costs, all as referred to in Section 3:92 of the Dutch Civil Code.
2. The buyer is not authorized to pledge or in any other way encumber the goods subject to retention of title.
4. If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights thereon, the buyer is obliged to pay Silk & Arts as soon as may reasonably be expected.
Article 11 Cancellation
If the buyer cancels the order without Silk & Arts being in default and Silk & Arts agrees to this, the agreement will be terminated by mutual consent. In that case Silk & Arts is entitled to compensation for all financial loss such as lost profit and costs incurred.
Article 12 Dissolution
- In cases where buyer:
– is declared bankrupt, submits a request for suspension of payments, or attachment of goods and receivables is levied.
– buyer dies or is placed under guardianship
– the buyer does not fulfill his obligations arising from the agreement.
Silk & Arts is authorized to dissolve the agreement in whole or in part with immediate effect, without judicial intervention and without any notice of default being required.
2. In the cases referred to in the previous paragraph, the claim against the buyer will be immediately due and payable.
Article 13 Applicable law
- These general terms have been translated from Dutch to English and on all offers and agreements of Silk & Arts B.V. only Dutch law applies.
2. In case of disputes arising from an agreement between Silk & Arts and the buyer, which cannot be resolved by mutual agreement, the competent court within the district of Lelystad will make a decision, unless Silk & Arts prefers to pay the difference to the competent court. court of the buyer’s place of residence, and with the exception of those disputes that fall within the competence of the subdistrict court.
Article 14 Disputes
1. Only Dutch law applies to every agreement between Silk & Arts and the buyer. Disputes between Silk & Arts and the buyer arising from or in connection with this agreement will be submitted to the competent Dutch court of the place of business of Silk & Arts.
2. If a provision from these general terms and conditions or from any agreement proves to be invalid, this will not affect the validity of the entire general terms and conditions and agreement. The parties will determine (a) new provision(s) as a replacement, which will give shape to the intention of the original agreement as much as legally possible.