Article 1 - Definitions

Lateau B.V., headquartered in Utrecht, KvK number 87377462, is referred to in these general conditions as the Seller.
The other party of the seller is referred to in these general conditions as the buyer.
The parties are the seller and buyer together.
The contract refers to the purchase agreement between the parties.

Article 2  -Applicability of general conditions

These terms and conditions apply to all offers, offers, agreements and provision of services or
goods by or on behalf of the seller.
Derogation from these conditions can only be made if it has been expressly and in writing agreed by the parties.

 

Article 3 – Payment

The full purchase amount is always paid immediately in the webshop. In some cases, reservations are
Payment is expected. In this case, the buyer will receive proof of the reservation and the advance payment.
If the buyer does not pay on time, he is in default. If the buyer is in default, then the seller is entitled to the obligations
suspend until the buyer has fulfilled his payment obligation.
If the buyer is in default, then the seller will proceed to recovery. Costs related to that recovery
at the expense of the buyer. These collection costs are calculated on the basis of the Compensation Decision.
for extrajudicial collection costs.
In the event of liquidation, bankruptcy, seizure or suspension of payment of the buyer, the claims of the seller shall be
Immediately applicable to the buyer.
If the buyer refuses his cooperation in the execution of the order by the seller, he is still obliged to
Pay the agreed price to the seller.

Article 4 - Offers, sale and price

Offers are non-binding unless a deadline for acceptance is stated in the offer. The offer is not
If accepted within this deadline, the offer expires.
Delivery times in offers are indicative and give the buyer no right to terminate or exceed them.
compensation, unless the parties have explicitly agreed otherwise in writing.
Offers and offers do not automatically apply to subscriptions. The parties must explicitly
agreed in writing.
The price indicated on offers, offers and invoices consists of the purchase price including the VAT due and
any other public charges.

Article 5 - Right of withdrawal

The consumer is entitled, after receipt of the order within 14 days, to conclude the agreement without indication.

to disconnect for reasons. The period starts from the moment the entire order is made by the consumer.
and receiving.
There is no right of withdrawal if the products are made according to its specifications or only
shortly to be sustainable.
The consumer can use a form of withdrawal from the seller. The seller is held this immediately after the request
to be made available to buyers.
During the reflection period, the consumer will carefully handle the product and its packaging. He will make the product
to unpack or use the product only to the extent necessary to assess whether he or she wishes to retain the product. If he exercises his right of withdrawal, he will return the unused and undamaged product.
with all supplied accessories and - if reasonably possible - in the original shipping packaging to the seller
return, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6 - Modification of the Agreement

If during the execution of the contract it proves that it is necessary to properly execute the contract
necessary to amend or supplement the work to be carried out, the Parties agree on time and in mutual
Consult the agreement accordingly.
If the parties agree that the agreement will be amended or supplemented, the time of completion of the
This affects the implementation. The seller shall inform the buyer of this as soon as possible.
If the amendment or supplementation to the agreement has financial and/or qualitative consequences,
The seller informs the buyer in advance in writing.
If the parties have agreed on a fixed price, the seller shall indicate to what extent the change or
supplementation of the agreement results in an excess of this price.
By way of derogation from the provisions of paragraph 3 of this article, the seller may not charge any additional costs.
if the amendment or supplementation is the result of circumstances attributable to him.

Article 7 - Experience and risk transition

Once the purchased item is received by the buyer, the risk passes from seller to buyer.

 

Article 8 - Research and advertising

Buyer is held the delivered at the time of (of)delivery, but in any case within the shortest possible time.
Examination of time. At the same time, the buyer should examine the quality and quantity of the supplied goods.
conform to what the parties have agreed, at least that quality and quantity meet the requirements
This applies to normal (commercial) traffic.
Complaints relating to damages, deficiencies or loss of delivered goods must be made within 10 days.
business days after the day of delivery of the goods by the buyer are submitted in writing to the seller.
Upon justification of the complaint within the specified period, the seller has the right to either repair or
to re-deliver, or to refuse delivery and send the buyer a credit note for that part of the purchase price.
Minor and/or industry-common deviations and differences in quality, quantity, size or finish cannot
The seller is opposed.
Complaints relating to a particular product do not affect other products or parts.
part of the same agreement.
After the processing of the goods by the buyer, no more advertisements are accepted.

Article 9 - Monsters and models

If a sample or model is shown or provided to the buyer, it shall be presumed to be indicative only.
provided without the matter to be delivered having to respond to it. This is different if the parties are explicit.
agreed that the matter to be delivered will be in accordance with this.
In the case of contracts relating to an immovable property, indication of the area or other dimensions and
indications also presume to be intended only as an indication, without the thing to be delivered having to do so
to answer.

Article 10 – Delivery

Delivery is carried out “from factory/store/store”. This means that all costs are for the buyer.
The buyer is obliged to take the goods at the time that the seller delivers them to him or makes them deliver, or
at the time when these things are made available to him in accordance with the agreement.
If the buyer refuses or neglects to provide information or instructions necessary for
the delivery, the seller is entitled to store the thing for the account and risk of the buyer.
If the goods are delivered, the seller is entitled to charge any delivery costs.
If the seller needs data of the buyer for the execution of the agreement, the delivery time begins.
after the buyer has made this information available to the seller.
A delivery time specified by the seller is indicative. This is never a deadline. in exceeding
of the period, the buyer must denounce the seller in writing.
The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or
Delivery does not have an independent value. The seller is entitled to these parts when delivering in parts.
invoicing separately.

 

Article 11 – Force majeure

The seller can not, not timely or not properly fulfill his obligations under the contract due to force majeure,

He is not liable for damages suffered by the buyer.
By force majeure parties mean in any case any circumstance by which the seller at the time of entering into the contract.
the contract could not take into account and as a result of which the normal execution of the agreement
can not reasonably be demanded by copper such as illness, war or war danger, civil war
and insurrection, harassment, sabotage, terrorism, energy disturbance, flooding, earthquake, fire, occupation,
strikes, employee exclusion, amended government measures, transport difficulties, and other disruptions
in the company of the seller.
Furthermore, by force majeure shall be understood the fact that supply companies on which the seller depends
for the performance of the contract, does not meet the contractual obligations towards the seller, unless
This is to blame the seller.
If a situation such as the above occurs as a result of which the seller fails to meet his obligations
can meet the buyer, then those obligations are suspended as long as the seller does not meet his obligations.
can be satisfied. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties shall have the right to
terminate the contract in whole or in part in writing.
If the force majeure continues for more than three months, the buyer has the right to the agreement with immediate
Disconnect the entrance. Discharge can only be made through a signed letter.

 

Article 12 - Transfer of rights

Rights of a party under this Agreement cannot be transferred without prior written consent.
consent of the other party. This provision applies as a provision with a goods law effect as
in Article 3:83, paragraph 2 of the Civil Code.

Article 13 - Reservation of ownership and right of retention

The goods present with the seller and the delivered goods and parts remain the property of the Seller until the buyer
The entire agreed price has been paid. Until then, the seller may invoke his ownership reservation and the
Take things back.
If the agreed amounts to be paid in advance are not paid or not paid on time, the seller has the right
to suspend the work until the agreed portion is still fulfilled. Then we are talking about
Lack of creditors. In this case, a delayed delivery cannot be contested to the seller.
The seller is not entitled to secure the goods falling under his ownership reservation or on any other
Wise to object.
The seller undertakes to insure the goods delivered to the buyer under reservation of ownership and to be insured.
protect against fire, explosion and water damage as well as against theft and the police on first request to access
to give.
If the goods have not yet been delivered, but the agreed advance payment or price is not as agreed
fulfilled, the seller has the right of retention. The item will then not be delivered until the buyer fully and in accordance with
The appointment paid.
In the event of liquidation, insolvency or surseance of payment of buyer, the obligations of the buyer are immediately
It is demanding.

 

Article 14 - Liability


Any liability for damages resulting from or related to the execution of a
agreement, is always limited to the amount that in the relevant case by the concluded
Liability insurance (s) is paid out. This amount is increased by the amount of the
risk according to the relevant policy.
Not excluded is the liability of the seller for damages resulting from intentional or deliberate
negligence of the seller or his supervisory subordinates.

Article 15 - Compulsory complaint

The buyer is obliged to report complaints about the work carried out directly to the seller. The complaint contains such
a detailed description of the possible defect so that the seller is able to respond appropriately to it.
If a complaint is justified, the seller is obliged to correctly repair it and possibly replace it.

Article 16 - Guarantees

If guarantees are included in the agreement, the following shall apply. The seller guarantees that
the seller complies with the agreement, that it will function without defects and that it is suitable for the
use that the buyer intends to make of it. This warranty is valid for a period of two calendar years after
receipt of the sold by the buyer.
The guarantee is intended to establish a risk sharing between the seller and the buyer in such a way that:
the consequences of a breach of a warranty are always fully at the responsibility and risk of the seller and that
the seller can never rely on Article 6:75 BW in respect of a breach of a warranty. stipulated in the previous
This provision also applies if the infringement was known to the buyer or could have been known by conducting investigations.
The aforementioned warranty does not apply if the defect has arisen as a result of imprudent or improper
use or when - without permission - the buyer or third parties have made changes or attempted to
have applied or have used the purchased for purposes for which it is not intended.
If the guarantee provided by the seller relates to a product produced by a third party, the warranty
This is limited to the warranty provided by the manufacturer.

Article 17 – Intellectual property

Lateau B.V. retains all intellectual property rights (including copyright, patent rights, trademark rights,
drawings and models-rights, etc.) on all products, designs, drawings, writings, carriers with data or
other information, offers, images, sketches, models, maquettes, etc., unless the parties have agreed otherwise in writing
and agreed.
The customer may not use the aforementioned intellectual property rights without the prior written consent of
Lateau B.V. (let) copy, display to third parties and/or make available or otherwise use.

Article 18 - Modification of general conditions

Lateau B.V. is entitled to amend or supplement these general conditions.
Changes of subordinate interest may be implemented at any time.
Major substantive changes will be discussed with the customer as far in advance as possible.
Consumers are entitled to terminate the agreement in the event of a substantial change of the general conditions.
to say.

Article 19 - Applicable law and competent court

Any agreement between the parties shall be governed exclusively by Dutch law.
The Dutch court in the district where Lateau B.V. is established shall have exclusive jurisdiction to make judgments.
to resolve any disputes between the parties, unless otherwise mandatory by law.
The applicability of the Vienna Purchase Agreement is excluded.
If in a judicial procedure one or more provisions of these Terms and Conditions are considered unreasonable
If it is deemed detrimental, then the other provisions remain in force without prejudice.

 

These general conditions are applicable since: 01 May 2023