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Terms of service

General terms and conditions Arli Walls B.V.

E-mail: info@arliwalls.nl
Website: www.arliwalls.nl



Definitions

  1. Arli Walls B.V.: Arli Walls B.V., established in Schiedam under KVK No. 87599155.

  2. Customer: the person with whom Arli Walls B.V. an agreement has been entered into.

  3. Parties: Arli Walls B.V. And customer together.

  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability 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 Arli Walls B.V ..

  2. The parties can only deviate from these conditions if they have been explicitly agreed 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.

Praise

 
  1. All prices that Arli Walls B.V. are used in euros, include VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.

  2. All prices that Arli Walls B.V. uses for his services and products, on his website or that are otherwise made known, Arli Walls B.V. change at all times.

  3. The parties come for a service by Arli Walls B.V. A total amount agreed as a target price, unless the parties have explicitly and in writing a fixed price that cannot be deviated from.

  4. Arli Walls B.V. has the right to adjust the prices.

  5. The consumer has the right to agree with Arli Walls B.V. to cancel if he does not agree with the price change.

Payments and payment term

  1. Arli Walls B.V. may require a down payment up to 50% of the agreed amount when entering into the agreement.

  2. The customer must have paid payments in advance.

  3. Payment terms are considered fatal 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 Arli Walls B.V. The customer has to send a reminder or need to give a default.

  4. Arli Walls B.V. reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.

 

Payments and payment term

  1. Products are judged immediately.

  2. Arli Walls B.V. may require a down payment up to 50% of the agreed amount when entering into the Agreement.

  3. The customer must enter declarations after the invoice date to Arli Walls B.V. pay, unless the parties have made other agreements on this or a different payment term is stated on the invoice.

  4. Payment terms are considered fatal 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 Arli Walls B.V. The customer has to send a reminder or have to give a default.

  5. Arli Walls B.V. reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the service.

Do not pay consequences on time

  1. If the customer does not pay within the agreed period, then Arli Walls B.V. entitled to charge the statutory interest of 2% per month for non-trading transactions and the statutory interest of 8% per month for trade transactions from the day the customer is in default, whereby part of a month for an entire month is charged .

  2. When the customer is in default, he also owes extrajudicial collection costs and any compensation to Arli Walls B.V ..

  3. The collection costs are calculated on the basis of the reimbursement for extrajudicial collection costs.

  4. If the customer does not pay in time, Arli Walls B.V. suspend his obligations until the customer has met his payment obligation.

  5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Arli Walls B.V. Immediately due and payable on the customer.

  6. If the customer refuses his cooperation in the implementation of the agreement by Arli Walls B.V., he is still obliged to the agreed price to Arli Walls B.V. to pay.

Advertising 

  1. As soon as the customer is in default, Arli Walls B.V. entitled to invoke the right of advertising with regard to the products delivered to the customer.

  2. Arli Walls B.V. calls in the right of advertising by means of a written or electronic communication.

  3. As soon as the Customer has been informed of the right of complaint, the customer must immediately return the products to which this is entitled to Arli Walls B.V., unless the parties make other agreements about this.

  4. The costs for recovering or bringing the products are for the account of the customer.

 
 

Right of withdrawal 

  1. A consumer can dissolve an online purchase during a cooling -off period of 14 days without giving reason on condition that:

  • the product is not used
  • The no product is that has been tailor -made or adapted especially for consumers
  • Discounted items, customized items or items specially customized for the customer can notbe returned.
  • The no product is that cannot be returned for hygienic reasons
  • the seal is still intact
  • it does not concern (assignment to) emergency repair
  • The consumer has not apart from his right of withdrawal
  • it does not concern a service that is fully performed within the 14 calendar days of reflection period and where the customer has explicitly declared to be abandoned by the right of withdrawal
  1. The cooling -off period of 14 days as mentioned in paragraph 1, starts to:

    • On the day after the consumer has received the last product or part of 1 order

    • As soon as the consumer has concluded the agreement delivery of the service

    • As soon as the consumer has confirmed that he will purchase digital content via the internet

  2. The consumer can make his appeal to the right of withdrawal via info@arliwalls.nl.

  3. The consumer is obliged to return the product to Arli Walls B.V. within 14 days of making his right of withdrawal, in the absence of which his right of withdrawal will be canceled.

 

Return costs

If the consumer invokes his right of withdrawal and returns the full order in time, the costs for returning the entire order will be borne by the consumer.


Right of suspension

Unless the customer is a consumer, the customer renounces the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

  1. Arli Walls B.V. Can rely on his right of retention and in that case keep products from the customer, until the customer all outstanding accounts with regard to Arli Walls B.V. has paid unless the customer has provided sufficient security for those costs.

  2. The right of retention also applies on the basis of earlier agreements from which the customer still owes payments to Arli Walls B.V.

  3. Arli Walls B.V. 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 renounces his right to a debt to Arli Walls B.V. to be settled with a claim on Arli Walls B.V ..

 

Retention of title 

  1. Arli Walls B.V. Remains the owner of all products delivered until the customer has fully complied with all his payment obligations with regard to Arli Walls B.V. On the basis of what for Arli Walls B.V. The agreement therefore concluded, including claims regarding the failure in compliance.

  2. Until then, Arli Walls B.V. invoke his retention of title and take back the goods.

  3. Before the ownership has been transferred to the customer, the customer may not pledge, sell, alienate the products or otherwise objections.

  4. If Arli Walls B.V. Appeal to his retention of title, the agreement is dissolved and Arli Walls B.V. the right to claim compensation, lost profit and interest.

Delivery

  1. Delivery takes place while supplies last.

  2. Delivery takes place by Arli Walls B.V., unless the parties have agreed otherwise.

  3. Delivery of online ordered products takes place at the address indicated by the customer.

  4. If the agreed amounts are not paid or are not paid on time, Arli Walls B.V. the right to suspend its obligations until the agreed part is still paid.

  5. In the event of a late payment, there is creditors' absenteeism, with the result that the customer does not have a late delivery to Arli Walls B.V. Can argue.

Delivery time 

  1. The by Arli Walls B.V. Delivery times specified are indicative and, if there, do not entitle the customer in the event of an exceedance, unless the parties have explicitly agreed otherwise in writing.

  2. The delivery time starts when the customer has completed the (electronic) ordering process in full and received an (electronic) confirmation from Arli Walls B.V.

  3. Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to terminate the agreement, unless Arli Walls B.V. Not within 14 days after being in writing can deliver whether the parties have agreed something else about this.

 

Actual delivery

The customer must ensure that the actual delivery of the products he ordered can take place on time.

 

Transportation costs 

Transport costs are for the account of the customer, unless the parties have agreed something else about this.

 

Packaging and shipping

  1. If the packaging of a delivered product is open or damaged, the customer must have a note of this before receiving the product by the forwarder or delivery person, failing which Arli Walls B.V. cannot be held liable for any damage.

  2. If the customer takes care of the transport of a product, he must report any visible damage to products or the packaging prior to transport to Arli Walls B.V., in the absence of which Arli Walls B.V. cannot be held liable for any damage.

 

Insurance

  1. The customer undertakes to insure the following sufficiently and to keep them insured against fire, explosion and water damage as well as theft:

    • delivered goods that are necessary for the implementation of the underlying agreement

    • Affairs by Arli Walls B.V. who are present at the customer

    • matters that have been delivered under retention of title

  1. Unless the parties have expressly agreed otherwise, the customer is obliged to take out insurance at their own expenses and the customer cannot claim compensation for any damage that would otherwise be covered by this insurance.

Custody 

  1. If the customer only purchases ordered products later than the agreed delivery date, the risk of a possible loss of quality is entirely for the customer.

  2. Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.

Assembly/installation

 

Although Arli Walls B.V. All assembly and/or installation work makes an effort to perform as well as possible, he does not bear any responsibility or liability for this except in the case of intent.

 

Warranty

  1. When the parties have entered into an agreement with a service character, it contains ARLI Walls B.V. Only an effort obligation and therefore no result obligation.

  2. The warranty with regard to products only applies to defects caused by inadequate manufacturing, construction or material.

  3. The warranty does not apply in the case of normal wear and damage caused as a result of accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be determined clearly.

  4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, is transferred to the customer at the time at which they are delivered legally and/or in fact, at least in the power of the customer or a third party who receives the product for the benefit of the customer.

Exchange 

  1. The exchange of purchased items is only possible if the following conditions are met:

  • Exchange takes place within 14 days of purchase against submission of the original invoice

  • The product is reduced in the original packaging or with the still attached original (price) tickets

  • The product has not yet been used

  1. Discounted items, tailor -made items or items specially adapted to the customer cannot be exchanged.

 

Execution of the agreement 

  1. Arli Walls B.V. performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.

  2. Arli Walls B.V. has the right to have the agreed services (partially) performed by third parties.

  3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any advance agreed advance by the customer.

  4. It is the customer's responsibility that Arli Walls B.V. Timely can start the implementation of the agreement.

  5. If the customer has not ensured that Arli Walls B.V. In time, the implementation of the agreement can start, the resulting additional costs and/or extra hours will be borne by the customer.

Provision of information by the customer

  1. The customer makes all information, data and documents that are relevant to the correct implementation of the agreement in a timely and desired form and in the desired manner to Arli Walls B.V.

  2. The customer is responsible for the accuracy, completeness and reliability of the information, data and documents made available, even if they come from third parties, insofar as the nature of the agreement does not result differently.

  3. If and insofar as the customer requests this, Arli Walls B.V. the documents in question.

  4. Does not set the customer, not on time or not properly the by Arli Walls B.V. Reasonably required information, data or documents available and the implementation of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.

 

Intellectual 

  1. Arli Walls B.V. retains all intellectual property rights (including copyright, patent law, trademark law, drawings and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotes, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.

  2. The customer may not be mentioned intellectual property rights without prior written permission from Arli Walls B.V. (or have) copying, showing and/or available to third parties or using it in another way.

Secrecy 

  1. The customer keeps every information (in whatever form) that he from Arli Walls B.V. receives secret.

  2. The same applies to all other information regarding Arli Walls B.V. Of which the customer knows or can reasonably suspect that it is secret or confidential, or that he can expect to spread Arli Walls B.V. can cause damage.

  3. The customer takes all the necessary measures to ensure that he also keeps the information stated in paragraphs 1 and 2 confident.

  4. The confidentiality obligation described in this article does not apply to information:

    • who was already public before the customer heard this information or who later became public without this being the result of a violation of the customer's confidentiality obligation

    • that is made public by the customer on the basis of a legal duty

  5. The confidentiality obligation described in this article applies to the duration of the underlying agreement and for a period of 3 years after the end thereof.

Penalty

  1. If the other party violates the article of these general terms and conditions on confidentiality or about intellectual property, he will forfeit an immediately due and payable fine for each violation for the purpose of the trading name.

  • If the other party is a legal person, this fine is € 5,000
  1. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that that violation continues.

  2. No prior notice of default or legal proceedings is required for the forfeit of this fine. There is also no need for any form of damage.

  3. The forfeit of the fine referred to in the first paragraph of this article does not affect the other rights of Arli Walls B.V. Including his right to claim compensation in addition to the fine.

 

Indemnification

The customer indemnifies Arli Walls B.V. Against all claims from third parties related to the by Arli Walls B.V. products and/or services supplied.

 

Complaint

  1. The customer serves a by Arli Walls B.V. to investigate product or service provided as soon as possible for any shortcomings.

  2. Does not answer a delivered product or service provided to what the customer could reasonably expect from the agreement, then the customer must Arli Walls B.V. to inform of this as soon as possible, but in any case within 1 month after the shortcomings are found.

  3. Consumers serve Arli Walls B.V. to inform this within 14 days after the detection of the shortcomings.

  4. The customer provides a description as detailed as possible, so that Arli Walls B.V. It is able to respond adequately to this.

  5. The customer must demonstrate that the complaint relates to an agreement between the parties.

  6. If a complaint relates to current activities, this cannot in any case lead to Arli Walls B.V. can be held to perform other activities than have been agreed.

Default

  1. The customer must make notice of default in writing to Arli Walls B.V ..

  2. It is the customer's responsibility that a notice of default Arli Walls B.V. Also actually reached (in time).

 

Joint and several liability of the customer

If Arli Walls B.V. An agreement with multiple customers is jointly and severally liable for the full amounts that they are on the basis of that agreement to Arli Walls B.V. owe.

 

Liability Arli Walls B.V.

  1. Arli Walls B.V. Is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness. Furthermore, Arli Walls B.V. Not liable for any damage.

  2. Arli Walls B.V. Is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.

  3. If Arli Walls B.V. is liable, this liability is limited to the amount that is paid by a (professional) liability insurance policy 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 has.

  4. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and apply only and cannot be a reason for compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Expiry

 

Any right of the customer to compensation from Arli Walls B.V. In any case, 12 months after the event, from which liability results directly or indirectly. 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 terminate the agreement when Arli Walls B.V. Attributable in the fulfillment of its obligations, unless this shortcoming, in view of its special nature or minor significance, does not justify the dissolution.

  2. Is the fulfillment of the obligations by Arli Walls B.V. Not permanent or temporarily impossible, then dissolution can only take place after Arli Walls B.V. is in default.

  3. Arli Walls B.V. has the right to terminate the agreement with the customer, if the customer does not fully or do not comply with his obligations under the agreement, or if Arli Walls B.V. has taken note of circumstances that give him good ground to fear that the customer will not be able to fulfill his obligations.

Force majeur

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Arli Walls B.V. In the fulfillment of any obligation with regard to the customer, not to Arli Walls B.V. Can be attributed in one of the will of Arli Walls B.V. Independent situation, whereby the fulfillment of his obligations with regard to the customer is completely or partially prevented or, as a result of which the fulfillment of his obligations is not reasonably not from Arli Walls B.V. Can be required.

  2. The force majeure situation referred to in paragraph 1 also - but not exclusively - is counted: emergency status (such as civil war, uprising, riots, natural disasters, etc.); non -performance and force majeure of suppliers, deliverers or other third parties; unexpected electricity, electricity, computer and telecoms; Computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.

  3. If a force majeure situation occurs so that Arli Walls B.V. 1 or more obligations to the customer cannot fulfill, then those obligations will be suspended until Arli Walls B.V. can meet it again.

  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may completely or partially terminate the agreement in writing.

  5. Arli Walls B.V. In a force majeure situation, no (damage) compensation owes any (damage), even if it benefits any benefit as a result of the force majeure.

Amendment of the agreement

  1. If, after concluding the agreement for its implementation, it appears that it is necessary to change or supplement its content, the parties will adjust the Agreement accordingly and in mutual consultation.
  2. Previous member does not apply to products that have been purchased in a physical store.

Change of general terms and conditions

  1. Arli Walls B.V. is entitled to change or supplement these General Terms and Conditions.

  2. Changes of secondary importance can be made at any time.

  3. Large substantive changes will Arli Walls B.V. Discuss with the customer as much as possible in advance.

  4. Consumers are entitled to cancel the agreement in the event of a substantial change in the General Terms and Conditions.

Transition of rights

  1. Rights of the Customer From an agreement between the parties, third parties cannot be transferred without the prior written approval of Arli Walls B.V.

  2. This provision applies as a clause with property law effect as referred to in Section 3:83, second paragraph, 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 void or voidable, this does not affect the other provisions of these terms and conditions.

  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Arli Walls B.V. When drawing up the conditions on that point.

Applicable law

  1. Only Dutch law applies to every agreement between the parties.