ROOT mediates between the designers and the client, none of the products sold are designed by ROOT. For contact please e-mail to: firstname.lastname@example.org mail to or call +31-(0)6-23819111 (Yvonne de Jong). The client will never, unless expressly provided otherwise, directly contact the designer.
Article 1. Relevancy
- These terms and conditions apply to all sales and all agreements entered into by us, whatsoever. In particular, these conditions also apply to our agreements to supply goods to our clients.
- When in these conditions is spoken about “client” shall mean any natural or legal person, to us in a contractual relationship under a contract concluded with us, or any other agreement is to go below. In particular, the term “client” includes the person on whose behalf ordered and/or is delivered.
- Of it in these terms and conditions determined can be waived only and only if and insofar as expressly agreed in writing.
- Where in these terms refers to “supply (of goods)”, this also includes the provision of services and activities of any kind.
Article 2. Quotations.
- All quotations from ROOT are not binding unless a deadline for acceptance is made in the offer. If there is a deadline for accepting the offer made the offer expires when this period has expired. ROOT can not be held to its offers if the other party, in terms of reasonableness and fairness and in society prevailing views, ought to understand that the offer or any part thereof contains an obvious mistake or error.
- Offers do not automatically apply to future orders or reorders.
- Quotations are (preferably) in writing and / or made electronically unless urgent circumstances make this impossible. Of the bids made by us make part: designs, drawings, models, samples, descriptions, images and the like, and any attachments and documents pertaining to our offers. These developments, as well as by us in this regard made tools, owned by ROOT and its designers, must be returned on request to ROOT and may not, without our express written permission be copied and / or given to third parties.
Article 3. Establishment agreement
- An agreement with ROOT is only established when we return receive an offer signed by the other party, or confirmed by email.
- The buyer is to his order, in whatever form given to us, bound for a period of 8 days after the date of the order or (if an oral order issued) after giving the order. A buyer’s statement that he wishes his order to cancel or change is possible in writing during this period of 8 days.
- For orders over € 250, – (excl. VAT) we reserve the right to ask for 40% prepayment.
Article 4. Prices
- The prices are at all times in Euros. Prices are without packaging, also without delivery, shipment and handling costs, unless otherwise indicated.
- The prices mentioned in quotations are based on the cost factors applicable at the time of conclusion of the contract, such as exchange rates, manufacturing prices, raw material prices, wage and transport costs, insurance premiums, taxes, import duties and other government levies.
Article 5. Delivery deadlines
- Delivery time is defined as the period specified in the agreement, which should have been performed. Delivery time is fixed unless an estimated delivery has been agreed. The delivery times stated by us on the day on which the agreement has been concluded, provided all the information we need for the execution of the order are in our possession. The delivery times quoted by us will never be regarded as a deadline, unless otherwise expressly agreed in the individual contract.
- In case of late delivery we must be notified in writing for failing to perform obligations. In case – notwithstanding the above – in the individual contract expressly a penalty for exceeding the agreed delivery time, this is not due if the delay in delivery is due to in Article 10 of these general conditions mentioned in cases of force majeure.
- Unless clients take care of the shipping-agent themselves, the product is sent by us on our opinion positive manner with our shippers to choose, is for the account and risk of the client.
- Asks a client for the delivery of goods in a different way than usual to take place, we can bring the associated costs to the buyer.
- If delivery is made in instalments, we are entitled to consider every delivery as a separate transaction.
- The client is obliged to take delivery of the purchased goods within the agreed time.
In case of breaching this, we are to entitled to our right under the provisions of Article 6:60 Civil Code that the competent court will free us from our commitment to deliver the agreed goods, or without prior notice payment of purchase price of not abated to recover part.
If the buyer fails to meet its payment obligations, we are entitled to rescind the contract without legal intervention. If the client in accordance with the above things are defaulting deemed to have been delivered and we will store the goods at the expense and risk of the client, against reimbursement of any related costs.
Article 6. Liability and guarantee
- The delivered goods must have the features that the purchaser under the contract during normal use may expect (conformity). This also applies to special use to the extent that the parties at the conclusion of the agreement is provided. Failure to comply with these expectations, the buyer is entitled to repair, replace, cancellation and / or reduction in price.
- ROOT provided on top of its legal obligation to the client warranty on the matter, as far as defects which ROOT can not that these are the result of not plausible with the destination corresponding use. Unless expressly stated in the offer came forward and agreed in writing or electronically, otherwise the warranty is given according to the following system:
- up to one year after the invoice date: the cost of repair or replacement,including freight and shipping costs, are entirely on behalf of ROOT;
- after one year until two years after the invoice date: the cost of repair or replacement,including freight and shipping costs, are for 50% on behalf of ROOT;
- The right to replace the purchase does not apply where it’s reasonably to repair the the defect.The right to reimbursement of freight and shipping costs after relocation outside the Netherlands is limited to the amount of costs that would have been made as the customer had remained living at the address where the goods were delivered.
- Warranty provisions are valid only when the destination corresponding use of the goods delivered or work performed.
- The buyer is obliged to behave as a good buyer, including for example, means that the case is properly and adequately maintained and treated.
- Deviances on delivered goods in color, durability, structure and the like, which are acceptable from a technical point of view as valid, usual norms, or commercial use could void the warranty and / or compensation limit or exclude.
Article 7. Payment
- Payment must be made in Euros. Payments shall be made within the period of payment of the invoice, with a minimum of 14 and a maximum of 30 days. When paying by bank transfer, the day of crediting our bank account as the date of payment. When a cash payment takes place, client and ROOT receive a receipt thereof.
- If the client does not proceed timely to (full) payment, he is in default without any further notice is required. Then we have the right, if a sufficient nexus with the failure of the purchaser to fulfil our obligations towards the client to suspend, without prejudice to our rights arising from the Dutch general law.
- We are also entitled to demand all yet to be made cash payments for delivery of the goods or guarantee for timely payment. Furthermore, we’re also entitled to terminate the contract without judicial intervention, which the client then the obligation to return the goods delivered, or otherwise the obligation to redress the service provided by us, without prejudice to our right to compensation. If the purchaser is in default with timely payment, he forfeits to us, or the credit of the seller, without any further notice from us is necessary, from the due date until the date of full payment interest at the statutory rate plus 4 % per annum, calculated on the unpaid amount, with interest immediately due and payable without further notice.
All with the collection of amounts invoiced costs (including the extrajudicial collection costs) shall be charged by the debtor. The extrajudicial collection costs are at least 15% of the principal with a minimum of € 50, – all excluding VAT.
- If the financial position of the client after the conclusion of the agreement, but before the delivery of the goods to a substantial deterioration, we are entitled wholly or partially refrain from further performance of the contract, or a change in payment terms to recover.
Article 8. Circumstances beyond one’s control
- Circumstances beyond one’s control shall mean any circumstance beyond our control such that compliance with the agreement can not reasonably be demanded of us (not attributable shortcomings in compliance). Force majeure includes: war, unrest and hostilities of any nature whatsoever, blockades, boycotts, natural disasters, epidemics, lack of resources, prevention and disruption of transportation facilities, disruptions in our business, import and export restrictions or prohibitions, causes barriers by measures, laws or decisions of international, national and regional (government) bodies. If by the circumstances beyond ours control our delivery obligation is not, can not comply properly or fails, we are entitled to the contract or the unfulfilled portion as dissolved or for a definite or indefinite time to suspend, at our discretion. In case of circumstances beyond ours control, the client can’t sue for damages.