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1. Definitions User : the user of the general terms and conditions, hereinafter referred to as Berenpop tiles and sanitair BV Nature of activities : sale of sanitary products in the broadest sense of the word, including via online webshops. The consumer : a counterparty acting as a natural person or a representative of any other legal form eg BV, NV, VOF or CV Distance selling : a distance selling system organized by the vendor, whereby up to and including the conclusion of the agreement only use is made of one or more techniques of remote communication. Agreement : the agreement concerning distance selling between Berenpop tiles and plumbing BV and the consumer. The consumer purchase : the purchase and sale contract relating to a movable property, which is concluded by a seller who acts in the exercise of a profession or business, and a consumer, natural person or representative of any other legal form bv BV, NV , VOF or CV Website : all websites of Berenpop tiles and sanitair BV on which the offers are made.Term: the period within which the consumer can make use of his right of withdrawal.
2. General 2.1 These terms and conditions apply to every offer, quotation and agreement between Berenpop tiles and sanitair BV and the consumer to which Berenpop tiles and plumbing BV has declared these terms and conditions applicable, in so far as
these conditions have not been deviated explicitly and in writing by the parties. 2.2 These conditions also apply to agreements with Berenpop tiles and sanitair BV, for the implementation of which third parties must be involved. 2.3 Any deviations from these general terms and conditions are only valid if expressly agreed in writing.
3. Offers and quotations 3.1 All offers and quotations are without obligation unless otherwise stated on the internet sites of Berenpop tiles and sanitair BV. 3.2 The prices stated on the websites include VATand any disposal contributions, unless otherwise indicated. 3.3 Berenpop tiles and plumbing BV can not be kept to its offers and quotations if the consumer, in terms of reasonableness and fairness and generally accepted views, should have understood that the offer or quotation or part thereof is an obvious mistake or clippings. 3.4 If the acceptance deviates (on minor points) from the offer included in the quotation, Berenpop tiles and plumbing BV is not bound by them. The agreement will then not be concluded in accordance with this deviating acceptance, unless Berenpop tiles and sanitair BV indicates otherwise. 3.5 A composite quotation does not oblige Berenpop tiles and plumbing BV to deliver part of the goods included in the offer or quotation for a corresponding part of the stated price. 3.6 Offers or quotations do not automatically apply to repeat orders.
4. Establishment of the agreement 4.1 The agreement is established by timely acceptance by the consumer of the offer made by Berenpop tiles and sanitair BV via the websites. The acceptance is a fact at the moment that the consumer has placed an order via the method indicated on the websites of Berenpop tiles and sanitair BV.
5. The execution of the order 5.1 Berenpop tiles and sanitair BV will take the greatest possible care when executing the order. 5.2 If the delivery is either temporarily unavailable or is delayed for other reasons, or if an order can not or only partially be executed, the consumer will receive no later than 30 days after the order at Berenpop tiles and sanitair BV is posted message. In that case the consumer has the right to cancel the order without costs. After cancellation we will credit as soon as possible but within 30 days afterwards.
6. Delivery 6.1 Unless otherwise agreed, delivery takes place at the consumer's home address that was last notified to Berenpop tiles and sanitary ware, unless otherwise agreed. 6.2 The consumer is obliged to take delivery of the purchased goods at the moment they are available or handed over to him. 6.3 If the consumer refuses the purchase or is negligent with the provision of information or instructions necessary for the delivery, the articles intended for delivery will be stored at the risk of the consumer after Berenpop tiles and plumbing BV has informed him of this. In that case, the consumer will owe all additional costs.6.4 If Bear doll tiles and plumbing BV and the consumer agree delivery, then delivery of the goods will take place under the conditions stated on the websites under the heading 'delivery', unless Berenpop tiles and plumbing BV at the conclusion of the contract to the consumer other fixed conditions has communicated. Bear doll tiles and plumbing BV reserves the right to invoice the costs for delivery separately. 6.5 If Berenpop tiles and plumbing BV requires information from the consumer in the context of the execution of the agreement, the delivery period commences after the consumer has made these available to Berenpop tiles and plumbing BV.
7. Warranty 7.1 The supplier will give 12 months warranty on electrical components, unless otherwise stated. 7.2 The invoice also serves as guarantee certificate of the delivered article. 7.3 If the goods to be delivered do not comply with these guarantees, Berenpop tiles and plumbing BV shall within a reasonable period after receipt thereof or, if return is reasonably not possible, after written notification regarding the defect by the consumer, at the option of Bear doll tiles and plumbing BV replaced or take care of recovery. In the event of replacement, the consumer already commits to return the replaced item to Berenpop tiles and sanitair BV and to provide Berenpop tiles and plumbing BV with the ownership thereof. 7.4 The aforementioned warranty does not apply if the defect arose as a result of inexpert or improper use or when, without the written permission of Berenpop tiles and plumbing BV, the consumer or third parties have made changes or attempt to affix to the item or these have used for purposes for which the case is not intended. 7.5 If the delivered item does not correspond with what was agreed and this non-conformity is a defect in the sense of the product liability regulation, then Berenpop tiles and sanitair BV are not liable for consequential damage. 7.6 The terms and conditions set out in these general terms and conditions do not affect the warranty claims of the consumer by virtue of the law, all with due observance of the provisions in these general terms and conditions and the agreement, including the nature and the quality of what is provided to the customer. consumer has been sold and delivered.
8. Exchange / trial period 8.1 The offer will include a trial period of 7 working days after receipt. The product (s) can only be returned unused and in original , unwritten and unplastered packaging within 7 working days after receipt without giving any reason. Only and exclusively if the articles are not customized or. be made especially for client in color, in this case there can be no question of a trial period.
We also mention on our websites and in the confirmation e-mail a number of specific articles that can not be returned.
If the above is not met, we will credit 70% of the returned goods value.
8.2 The period mentioned in the first paragraph of this article does not apply if the specific nature of the good implies that this period is not reasonable. This applies, for example, to goods that are tailor-made for the consumer. 8.3 Within 14 days after receipt of the return shipment the purchase amount will be transferred to the consumer's account. The costs associated with the return shipment will be borne by the consumer.
9. Retention of title 9.1 Berenpop tiles and plumbing BV remains fully owner of the delivered item until the purchase price has been paid in full.
10. Investigation, complaints 10.1 The consumer is obliged to inspect the delivered goods at the time of delivery, but in any case within 24 hours. The consumer should then examine whether the quality and quantity of the delivered goods correspond with what has been agreed, or at least meets the requirements that apply to normal (trade) traffic. 10.2 Possible visible shortcomings must be reported to Berenpop tiles and plumbing BV in writing within three days of delivery, with simultaneous submission of the guarantee certificate and the defective item, unless this is impossible or unreasonably onerous. 10.3 An invisible defect must be reported to Berenpop tiles and plumbing BV within eight days of discovery, but no later than within the guarantee period, with due observance of the provisions of the previous paragraph of this article. After expiration of the guarantee period, Berenpop tiles and sanitair BV is entitled to charge all costs for repair or replacement, including administration costs, shipping costs and any call-out charges. 10.4 If a complaint is made in time pursuant to the previous paragraph, the consumer remains obliged to purchase and pay for the purchased items. If the consumer wishes to return defective items, this will be done with the prior written permission of Berenpop tiles and plumbing BV and in the manner as indicated by Berenpop tiles and plumbing BV.
11. Transfer of risk 11.1 The risk of loss or damage to the products that are the subject of the agreement will pass to the consumer at the time when these are delivered legally and / or factually to the consumer and thus in the power of the consumer. or of a third party to be designated by the consumer.
12. Payment 12.1 Unless otherwise agreed, the payment must be made according to the options indicated on the websites. (Cash on delivery, prepayment, iDEAL, PayPal)
12.2 If payment is not made in cash, this must be done before the delivery of the product, in a manner to be indicated by Berenpop tiles and sanitary ware and in the currency in which the invoice is made. 12.3 Objections against the height of the invoices do not suspend the payment obligation.
13. Suspension and dissolution 13.1 Berenpop tiles and plumbing BV is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if: - The consumer does not or not fully comply with the obligations from the agreement. - After concluding the agreement Berenpop tiles and sanitair BV come to the knowledge of circumstances giving good grounds to fear that the consumer will not fulfill the obligations. In case there is good reason to fear that the consumer will only partially or improperly fulfill his obligations, the suspension is only permitted insofar as the shortcoming justifies it. - The consumer at the conclusion of the agreement is requested to provide security for the fulfillment of his obligations under the agreement and this security is not provided or is insufficient. 13.2 Furthermore, Berenpop tiles and plumbing BV is authorized to terminate the contract (or have it dissolved) if circumstances arise which are of such a nature that fulfillment of the agreement is impossible or, according to standards of reasonableness and fairness, can no longer be required or if other circumstances arise which are of such a nature that unaltered maintenance of the agreement can not reasonably be expected. 13.3 If the agreement is dissolved, the claims of Berenpop tiles and plumbing BV on the consumer are immediately due and payable. If Berenpop tiles and plumbing BV suspends fulfillment of the obligations, he will retain his rights under the law and agreement. 13.4 Bear doll tiles and plumbing BV always reserves the right to claim compensation.
14. Liability 14.1 If goods delivered by Berenpop tiles and plumbing BV are defective, the liability of Berenpop tiles and plumbing BV vis-à-vis the consumer is limited to what is regulated in these conditions under "Guarantees". 14.2 If the manufacturer of a defective item is liable for consequential damage, then the liability of Berenpop tiles and plumbing BV is limited to repair or replacement of the goods, or reimbursement of the purchase price. 14.3 Notwithstanding the above, Berenpop tiles and sanitair BV is not liable if the damage is due to intent and / or gross negligence and / or culpable actions, or injudicious or improper use of the consumer. 14.4 The limitations of liability for direct damage included in these conditions do not apply if the damage is due to intent or gross negligence of Berenpop tiles and sanitair BV or its subordinates.
15. Force majeure 15.1 The parties are not obliged to fulfill any obligation, if they are prevented from doing so as a result of a circumstance that is not due to fault, and not under the law, a legal act or generally accepted for their account. coming. 15.2 Force majeure is understood in these general terms and conditions in addition to what is understood in the law and jurisprudence, all external causes, foreseen or not foreseen, on which Berenpop tiles and plumbing BV can not exert any influence, but as a result of which Berenpop tiles and plumbing BV is unable to meet the obligations. Work strikes in the business of Berenpop tiles and plumbing BV are included. 15.3 Bear doll tiles and plumbing BV also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Berenpop tiles and plumbing BV should have fulfilled its obligation. 15.4 During the period that the force majeure continues, the parties can suspend the obligations under the agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to compensate the other party for damage. 15.5 In so far as Berenpop tiles and plumbing BV has at the time of the occurrence of force majeure partially fulfilled its obligations under the agreement or will be able to comply with it, and the part to be fulfilled or to be fulfilled is independent value, Berenpop tiles and plumbing BV is entitled to to separately invoice the part already fulfilled or to be fulfilled. The consumer is obliged to pay this invoice as if it were a separate agreement.
16. Disputes 16.1 The judge in the place of business of Berenpop tiles and plumbing BV is exclusively authorized to take cognizance of disputes, unless the cantonal judge is competent. Nevertheless, Berenpop tiles and plumbing BV has the right to submit the dispute to the competent court according to the law. 16.2 The parties will first appeal to the court after they have made every effort to settle a dispute in mutual consultation.
17. Applicable law 17.1 Dutch law applies to every agreement between Berenpop tiles and plumbing BV and the consumer. The Vienna Sales Convention is explicitly excluded. 17.2 In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text will always be decisive.