TERMS AND CONDITIONS

Article 1. General provisions 

1. These general terms and conditions apply to all offers, agreements and all subsequent actions between EenDoosTaken VOF, hereinafter: EenDoosTaken and you, our customer. 

2. If a provision in these general terms and conditions is not legally valid, the other provisions will remain in force. 

3. The provisions of the agreement take precedence if they are not identical to the provisions of these general terms and conditions. 

Article 2. When is there an agreement? 

1. If you are interested in EenDoosTaken’s services, you can place an order via the webshop. The agreement is concluded when the order is placed. 

2. If an assignment is given on behalf of two or more clients, they are jointly and severally liable. 

Article 3. How does delivery work? 

1. After you agree with the quotation, goods will be sent to the delivery address via Post.nl. You will then receive an invoice for goods and/or services delivered. 

2. The method of delivery is included in the agreement: 

  • Collection from EenDoosTaken: Only possible upon request and after making an appointment. You collect the products at the specified time. If you do not do this, you will be given a reasonable period of 7 days to collect the products. The additional costs are at your expense. 
  • Transport by Business Post Limburg and/or Post.nl: you ensure that the storage locations are accessible without obstacles and without risks and you collect the products when they are delivered. If you do not do this, you will owe the additional costs. 

3. Delivery times are never strict deadlines. 

4. Delivery costs are at your expense. 

5. EenDoosTaken has the right to deliver a modified product. 

Article 4. What are your obligations? 

1. You inspect and check the products immediately upon receipt. If you do not do this, EenDoosTaken will assume that delivery has been made in accordance with the agreement. A period of 30 days after receipt applies for visible objections, defects or defects and 30 days after discovery for invisible objections, defects or defects.

Article 5. What are the costs in case of cancellation? 

1. If you have agreed to the quotation, you can no longer cancel free of charge in all cases. In the event of cancellation, you will pay a reasonable fee of 15% of the quotation, regardless of the date of cancellation. Or In case of cancellation you pay a reasonable compensation. The compensation is calculated on the basis of the following scale: a. Cancellation up to 7 days before delivery: 15% of the quotation; 

2. If the damage due to cancellation is higher for EenDoosTaken, it may pass on these costs provided they are substantiated.

Article 6. Retention of title 

1. All products delivered by EenDoosTaken remain the property of EenDoosTaken until you have paid the full amount due.

2. You may not pledge or otherwise encumber these products and must store them as recognizable property of EenDoosTaken. 

3. If a third party seizes the products or wishes to establish a right to them, please let EenDoosTaken know as soon as possible.

Article 7. Warranty 

1. EenDoosTaken products have a warranty period of 2 years, equal to the manufacturer’s warranty. 

2. Do you want to make a claim on the warranty? Contact EenDoosTaken stating the defects. 

3. If EenDoosTaken acknowledges that this defect is covered by the warranty, EenDoosTaken will repair or replace the product. 

4. No guarantee is given in the event that: 

  • there is force majeure; 
  • you have not yet met all financial obligations; 
  • you have handled or processed the products improperly or you have not followed the instructions given by EenDoosTaken; 
  • goods have been delivered that have been prescribed by you or supplied by or on your behalf; 
  • there is normal wear and tear. 

5. If you incorrectly invoke the warranty, the costs incurred by EenDoosTaken will be charged to you.

Article 8. Right of withdrawal for consumers 

1. In the case of distance purchasing, a consumer can terminate the agreement within 14 days of receipt of the product without giving reasons.

2. During the cooling-off period you must handle the product and packaging with care. You may only handle and inspect the product as you would in a store. If the product decreases in value due to the way you handle it, you must reimburse EenDoosTaken for this decrease in value. 

3. There is no right of withdrawal for the following products: 

  • products that we have created in accordance with your specifications; 
  • products that are clearly personal in nature; 
  • products that cannot be returned due to their nature; 
  • products that can spoil quickly or have a limited shelf life; 
  • products whose price is dependent on fluctuations in the financial market over which we have no influence; 
  • products whose packaging is clearly damaged or are no longer in the original packaging.

Article 9. Exercise of the right of withdrawal 

1. You can invoke the right of withdrawal by reporting this in writing to EenDoosTaken or by completing the model withdrawal form. This model form can be found on the EenDoosTaken website. Direct download 

2. You must then return the product to EenDoosTaken within 14 days from the day of cancellation. This is done in the original, undamaged packaging and according to the instructions of EenDoosTaken. Opened or damaged packaging will not be taken back. Opening the package means that you wish to keep the product. 

3. The costs of returning are at your expense. These costs are further specified on the EenDoosTaken website. 

4. If you have exercised your right of withdrawal and the product has been returned by EenDoosTaken, EenDoosTaken will refund your payments using the same payment method as the payment method you used. 

5. If you have opted for a more expensive method of delivery than the cheapest standard delivery, EenDoosTaken does not have to reimburse the additional costs for the more expensive method.

Article 10. How do you pay for EenDoosTaken’s products/services? 

1. You pay the invoice within the term stated on the invoice or via the payment options in the webshop. 

2. If you do not pay, you will owe interest and extrajudicial collection costs from the due date of the invoice. The collection costs for professional parties amount to at least 15% of the principal amount with a minimum of € 150.00 and the contractual interest is 1% per month. 

3. EenDoosTaken may change your payment terms if your financial position or payment behavior gives reason to do so. 

4. Do you have an objection to the invoice? Then you must inform EenDoosTaken in writing within 14 days of the invoice date, stating the reason. If you do not do this, the invoiced amount will be considered recognized. 

5. A complaint does not suspend your payment obligation. 

Article 11. What are cost-increasing circumstances? 

1. The amount of the costs can be influenced if parties decide to change their approach, working method and/or size. In that case there is additional work. 

Article 12. In which cases is the agreement suspended or terminated? 

1. If one of the following circumstances occurs, you will be immediately in default: bankruptcy or (provisional) suspension of payments, approval of a private agreement, placement under guardianship or debt restructuring or closure, liquidation or full or partial transfer of your company or passing away. 

2. EenDoosTaken may in that case immediately suspend or (partially) terminate the agreement without notifying you.

Article 13. When does force majeure occur and what are the consequences? 

1. Force majeure is, for example, war, terrorism, civil war, riot, (government measures due to) epidemic or pandemic, bad weather conditions, transport difficulties, disability and other serious disruptions in the business of EenDoosTaken. 

2. If the force majeure lasts longer than 60 consecutive days, you may terminate the agreement in writing. EenDoosTaken will then not owe you any compensation. 

Article 14. Intellectual property rights 

1. You may not make public or reproduce the work of EenDoosTaken unless EenDoosTaken gives you written permission to do so. EenDoosTaken has the copyright on all works created by or on behalf of it. 

2. You remain the owner of the documents that you have given EenDoosTaken for inspection. 

3. All intellectual property rights, including, but not limited to, copyrights, trademark rights and database rights, on the information, texts, images, logos, etc. belong to EenDoosTaken and/or its licensors. You may not infringe on this.

Article 15. Confidential information and personal data 

1. Parties are obliged to keep secret all confidential information they receive about the other party’s company. This also applies to third parties involved. 

2. To execute the agreement with you, EenDoosTaken processes your personal data. EenDoosTaken processes personal data in accordance with the GDPR. More information about how EenDoosTaken handles your personal data can be found in the privacy statement on the EenDoosTaken website. 

3. The personal data will not be kept for longer than is legally permitted or necessary for the execution of the agreement. 

4. EenDoosTaken takes as many measures as possible to secure personal data technically and organizationally. 

5. If you wish to invoke one of the rights you have under the GDPR, this request can be submitted in writing via contact@eendoostaken.nl. 

Article 16. Who is liable for what? 

1. The liability of EenDoosTaken on any legal basis is always limited to the amount covered by the liability insurance taken out by EenDoosTaken. 

2. If for whatever reason no payment is made under this insurance, any liability arising from any legal basis is limited to the invoice value of the assignment excluding turnover tax, or at least that part of the assignment to which the liability relates. 

3. The limitations in the above paragraphs do not apply if damage is due to intent or deliberate recklessness. 

4. Consequential damage such as business and/or stagnation damage, loss of turnover and/or profit, loss of production or depreciation of products is excluded from compensation. 

5. You indemnify EenDoosTaken against claims from third parties. 

6. Any liability of EenDoosTaken lapses if you do not invoke the shortcoming within one year after the reason for this arises. 

7. The provisions in this article also apply to the parent company(ies) of EenDoosTaken and all operating companies affiliated with EenDoosTaken.

 Article 17. Complaints and disputes 

1. Are you dissatisfied with our services? We appreciate that you let us know so that we can find a reasonable solution. 

2. If we cannot reach an agreement, the Den Bosch court has jurisdiction. 

Article 18. Applicable law 

1. Dutch law applies to all agreements, these general terms and conditions and actions resulting from them. The effect of the Vienna Sales Convention and any other international treaty is expressly excluded.

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