General terms and conditions SAGE Textiles Email: info@ateliersage.nl Website: www.ateliersage.nl
Definitions 1. SAGE Textiles: SAGE Textiles, established in Beverwijk under Chamber of Commerce no. 84362162. 2. Customer: the person with whom SAGE Textiles has entered into an agreement. 3. Parties: SAGE Textiles and the customer together. 4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions 1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of SAGE Textiles. 2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing. 3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
Prices 1. All prices that SAGE Textiles uses are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise. 2. SAGE Textiles can change all prices that SAGE Textiles uses for its products, on its website or that are otherwise made known. 3. Increases in the cost prices of products or parts thereof, which SAGE Textiles could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases. 4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples and models If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .
Payments and payment term 1. SAGE Textiles may require a down payment of up to 50% of the agreed amount upon entering into the agreement. 2. The customer must have made payments in arrears within after delivery. 3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without SAGE Textiles having to send the customer a reminder or notice of default. 4. SAGE Textiles reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.
Consequences of not paying on time 1. If the customer does not pay within the agreed term, SAGE Textiles is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is absenteeism, whereby a part of a month is counted as a whole month. 2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to SAGE Textiles. 3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. 4. If the customer does not pay on time, SAGE Textiles may suspend its obligations until the customer has fulfilled its payment obligation. 5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, SAGE Textiles’ claims against the customer are immediately due and payable. 6. If the customer refuses to cooperate with the execution of the agreement by SAGE Textiles, he is still obliged to pay the agreed price to SAGE Textiles.
Right of advertising 1. As soon as the customer is in default, SAGE Textiles is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer. 2. SAGE Textiles invokes the right of complaint by means of a written or electronic communication. 3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to SAGE Textiles, unless the parties agree otherwise. 4. The costs for returning or returning the products are for the account of the customer.
Right of withdrawal 1. A consumer can cancel an online purchase during a reflection 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, such as food or flowers • it is not a product that has been tailor-made or adapted especially for the consumer • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) • the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.) • the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity • the product is not a loose magazine or newspaper • the consumer has not waived his right of withdrawal 2. The reflection period of 14 days as referred to in paragraph 1 starts: o on the day after the consumer has received the last product or part of 1 order o as soon as the consumer has confirmed that he will purchase digital content via the internet 3. The consumer can make his appeal to the right of withdrawal known via info@ateliersage.nl, if desired using the withdrawal form that can be downloaded from the website of SAGE Textiles, www.ateliersage.nl. 4. The consumer is obliged to return the product to SAGE Textiles within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse. Reimbursement of delivery costs 1. If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to SAGE Textiles in time, SAGE Textiles will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and fully returned order. refund consumer. 2. The costs for delivery will only be borne by SAGE Textiles insofar as the complete order is returned.
Reimbursement return costs If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be borne by the consumer.
Right of suspension Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention 1. SAGE Textiles can invoke its right of retention and in that case keep the customer’s products in its possession until the customer has paid all outstanding invoices with regard to SAGE Textiles, unless the customer has provided sufficient security for those costs. 2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to SAGE Textiles. 3. SAGE Textiles is never liable for any damage that the customer may suffer as a result of using his right of retention. Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt owed to SAGE Textiles against a claim against SAGE Textiles.
Retention of title 1. SAGE Textiles remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards SAGE Textiles on the basis of any agreement concluded with SAGE Textiles, including claims for failure to perform. 2. Until that time, SAGE Textiles can invoke its retention of title and take back the goods. 3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products. 4. If SAGE Textiles invokes its retention of title, the agreement will be deemed dissolved and SAGE Textiles will be entitled to claim compensation, lost profit and interest.
Delivery 1. Delivery takes place while stocks last. 2. Delivery takes place at SAGE Textiles, unless the parties have agreed otherwise. 3. Delivery of products ordered online takes place at the address indicated by the customer. 4. If the agreed amounts are not paid or are not paid on time, SAGE Textiles has the right to suspend its obligations until the agreed part has been paid after all. 5. In the event of late payment, there is default by creditors, with the result that the customer cannot object to SAGE Textiles for a late delivery.
Delivery time 1. The delivery times stated by SAGE Textiles are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing. 2. The delivery time starts at the moment that the customer has completely completed the (electronic) order process and has received an (electronic) confirmation of this from SAGE Textiles. 3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless SAGE Textiles is unable to deliver within 14 days after receiving a written demand to do so or the parties have agreed otherwise.
Actual delivery The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transportation costs Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping 1. If the packaging 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, failing which SAGE Textiles cannot be held liable. for any damage. 2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to SAGE Textiles prior to transport, failing which SAGE Textiles cannot be held liable for any damage.
Storage 1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer. 2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
Guarantee 1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material. 2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined. 3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.
exchange 1. Exchanging purchased items is only possible if the following conditions are met: • exchange takes place within 7 days after purchase against presentation of the original invoice • the product is returned in its original packaging or with the original (price) tags still attached • the product has not yet been used 2. Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer cannot be exchanged.
Disclaimer The customer indemnifies SAGE Textiles against all claims from third parties related to the products and/or services supplied by SAGE Textiles.
Complaints 1. The customer must examine a product or service provided by SAGE Textiles as soon as possible for any shortcomings. 2. If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform SAGE Textiles of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. . 3. Consumers must inform SAGE Textiles of this within 2 months after discovery of the shortcomings. 4. The customer provides as detailed a description as possible of the shortcoming, so that SAGE Textiles is able to respond adequately. 5. The customer must demonstrate that the complaint relates to an agreement between the parties. 6. If a complaint relates to ongoing work, this can in any case not lead to SAGE Textiles being obliged to perform other work than has been agreed.
Notice of default 1. The customer must notify SAGE Textiles of any notice of default in writing. 2. It is the customer’s responsibility that a notice of default actually reaches SAGE Textiles (on time). Joint and several liability customer
If SAGE Textiles enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to SAGE Textiles under that agreement.
Liability SAGE Textiles 1. SAGE Textiles is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness. 2. If SAGE Textiles is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement. 3. SAGE Textiles is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties. 4. If SAGE Textiles is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates. 5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any commitment.
Expiration period Any right of the customer to compensation from SAGE Textiles expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution 1. The customer has the right to dissolve the agreement if SAGE Textiles imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance. 2. If the fulfillment of the obligations by SAGE Textiles is not permanently or temporarily impossible, dissolution can only take place after SAGE Textiles is in default. 3. SAGE Textiles has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if SAGE Textiles has become aware of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.
Force majeur 1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of SAGE Textiles in the fulfillment of any obligation with regard to the customer cannot be attributed to SAGE Textiles in a situation independent of the will of SAGE Textiles, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from SAGE Textiles. 2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 3. If a force majeure situation arises as a result of which SAGE Textiles cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until SAGE Textiles can fulfill them again. 4. 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. 5. SAGE Textiles does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Amendment of the agreement 1. If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation. 2. The previous paragraph does not apply to products purchased in a physical store.
Change of terms and conditions 1. SAGE Textiles is entitled to amend or supplement these general terms and conditions. 2. Changes of minor importance can be made at any time. 3. SAGE Textiles will discuss major substantive changes 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 and conditions.
Transfer of rights 1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of SAGE Textiles. 2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability 1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions. 2. In that case, a provision that is void or annullable will be replaced by a provision that comes closest to what SAGE Textiles had in mind when drafting the conditions on that point.
Applicable law and competent court 1. Only Dutch law applies to every agreement between the parties. 2. The Dutch court in the district where SAGE Textiles is located / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
