Article 1: IDENTITY
We are ’Textiel Builders’ through www.textielbuilders.nl you will come to us. Prefer to visit us in person for an appointment? You can find us at the address below.
Kotterstraat 7, 8102HZ, Raalte
Article 2: DEFINITIONS
1. ‘Textiel Builders’: That’s us. You may also call us ‘the legal entity Textiel Builders’.
2. Customer: Any natural or legal person who, for whatever reason, enters into a contract with Textiel Builders from his profession or business.
3. Products: All goods sold by Textiel Builders.
4. Services: All services offered by Textiel Builders.
5. Website(s): The websites and/or trade names operated together or separately by Textiel Builders and registered by us with the Chamber of Commerce.
6. Day: Simply, a calendar day.
Article 3: APPLICABILITY
1. These General Conditions Business (“General Conditions”) apply exclusively to and form part of every Textiel Builders offer and every agreement between you and us.
2. In addition to these General Conditions, additional terms and conditions may apply to certain products and services. We will then, of course, indicate this neatly.
3. The customer can only deviate from one or more provisions if we both agree.
4. The general terms and conditions of the customer do not apply. Unless we indicate that they do.
5. Textiel Builders may at any time amend or supplement the General Terms and Conditions for future orders. Of course, we will let you know within a reasonable period of time. The amended conditions are binding from the date we indicate.
6. Would you like to read the General Terms and Conditions again at your leisure? We understand that. That is why you can request a free copy at any time. Please send an e-mail to email@example.com or visit our website.
7. By using our websites or placing an order both online and offline, you agree to the Terms and Conditions. This also means that you agree to all rights and obligations as stated on our website.
8. These Terms and Conditions apply to business customers only. So not for individuals.
Article 4: QUOTATIONS & OFFERS
1. All our quotations and offers are without obligation. Except when we have put a deadline for acceptance in the offer. A quotation or offer expires automatically when we no longer offer the ordered product or service. Do you not sign the quotation within 14 days? Then it also expires. A quotation is a one-time offer. So for future agreements you cannot assume the same agreements.
2. Should the quotation contain errors as a result of a mistake or clerical error, you cannot hold us to that. Sorry, mistake!
3. All prices in a quotation or offer include VAT. Unless we indicate otherwise of course.
4. We do not like half work, so we do not fulfill part of the agreement at part of the agreed price. Offers or quotations also do not automatically apply to future orders.
5. We put everything in black and white, so even our agreements are only in writing.
6. The pictures on the website largely correspond to our services and products. Does an image or feature differ from the actual product? Then we are not liable.
7. Before we start working together, we want to be sure that we can both fulfill our agreements. Therefore, we will only process an order after full payment. Is this not possible? Then a recent extract from the Chamber of Commerce and the corresponding information demonstrating your creditworthiness is also sufficient. Based on this information we can refuse the order or request.
8. (Custom) Products that have been specially purchased for an order can unfortunately not be returned.
Article 5: DELIVERY
1. Customer is King. Therefore, we naturally do receiving, delivering and fulfilling orders with care. And we always treat your review of requests for services seriously. Promise.
2. We ship the order to the address you provided when you placed the order. This may have been done through the website, on the quote or on the order form.
3. Is the delivery delayed, or can we deliver the order partially or not at all? Then of course we will let you know as soon as possible.
4. We make every effort to always deliver within the stated delivery period. Sometimes this unfortunately does not succeed. The deadlines we put in the agreement are therefore non-binding. Can we not meet them? Then this does not give you the right to dissolve the agreement. If we think we will not meet the delivery deadline, we will of course let you know as soon as possible and we will look for a solution together.
5. Would you like your order to be delivered by a method other than our delivery options and couriers? No problem. In that case, however, the shipping costs will be at your own expense.
6. Does your order have to be shipped abroad? Then we are happy to discuss this with you.
7. Is there a deviation in the delivery, quantities or specifications? Together we will come to a solution. In that case you still have to pay the invoice.
8. Do you as a customer refuse products or services, or do you not meet your agreement for delivery? We regret that. In that case, Textiel Builders has the right to terminate the agreement with immediate effect. Or to dispose of the products immediately. We can recover damages and/or costs incurred due to this situation from the customer. Think of transportation costs and storage costs.
Article 6: CONTRACT DURATION, SUSPENSION, TERMINATION AND INTERMEDIATE TERMINATION OF THE AGREEMENT
1. From Textiel Builders, we may always postpone delivery or terminate the contract, at any time we wish. We do not pay any compensation in that case. We do not do this lightly, of course, but may occur if:
a. You do not fulfill the obligations under the agreement, not in full or not on time
b. We think after the conclusion of the agreement that you cannot fulfill your obligations.
c. You have been asked to demonstrate that you can meet your obligations for the agreement, but we do not receive any or too little evidence of this.
d. Due to delay on your part we can no longer fulfill the agreements made.
2. Textiel Builders may also dissolve the agreement with immediate effect if it is impossible for Textiel Builders to deliver.
3. Is the agreement being dissolved? Then we can claim our claims immediately. We retain our claims as stated in the Law and in our agreement.
4. Do we have an indefinite agreement? Then we can terminate the agreement with 30 days’ notice. But of course you can do the same. Unless we have agreed otherwise beforehand. If we have a contract for a definite period, then only Textiel Builders can cancel, with a notice period of 14 days.
5. If we terminate the contract prematurely, we will of course discuss the tasks still to be performed. Is the cancellation attributable to you? Then the costs are for your account.
6. We hope not, but it can happen that you run into difficulties. Think of liquidation, (application for) suspension of payment or bankruptcy, seizure, debt restructuring or another circumstance as a result of which you no longer have free access to your assets. In such a case, we may terminate our agreement with you immediately or cancel an order or agreement. In doing so, we are not obliged to pay you or to pay any damages or compensation. Our claims against you are in such a case immediately due and payable.
7. Do you (partially) cancel a placed order? Then we will charge you for the products ordered or prepared for it. This also includes any removal and delivery costs thereof and the reserved labor time.
Article 7: PAYMENT AND INCOME COSTS
1. We expect your payment within the period we have indicated. And in the currency we have invoiced. Are those euros? Then unfortunately dollars will not do. Textiel Builders can invoice per delivery or order and change the payment term. That may also mean that we set up payment in advance.
2. Do you not pay the invoice on time? Then we will consider that a default and you will owe us 8% interest per year. Unless the statutory commercial interest rate is higher, in which case you must pay it. We calculate the interest on the amount due from the time you are in default until you have paid the amount. The amount of the outstanding invoices will also be increased by a set fee of 15% of the outstanding amounts with a minimum of € 50 per unpaid invoice. In addition, Textiel Builders may also claim the actual damages suffered and costs incurred.
3. Do we owe an amount to you? Then we may set this off against any amount we still owe you. The reverse is unfortunately not possible.
4. Do you object to the amount of an invoice? Then you must still pay it, as long as we have not yet reached a settlement.
5. Do you fail to meet your obligations to us or fail to do so on time? Then all costs we incur to collect the amount will be for your account. This includes any legal costs, if we need a lawyer, for example.
6. Ordering on account? That is possible. But only with our approval. We set the payment term. We can change this whenever we want, this includes setting payment in advance.
7. Textiel Builders may change credits and retrospective payments on account. No reason need be given for this.
Article 8: RESTRICTION OF OWNERSHIP
1. The products we supply to you remain ours until you have fulfilled all agreements we have made. Think of payment, interest or other costs.
2. Is a product we have delivered subject to retention of title? Then you may not resell this product or use it as a means of payment. Nor may you give it as collateral or establish any other right to a product.
3. We assume that you, the customer, will do everything you can to secure Textiel Builders’ property rights. This means that you keep the products subject to retention of title in such a way that they are still recognizable as belonging to Textiel Builders. In this case, you must not remove, damage or obscure any identifying marks on the product or packaging.
4. If for any reason your assets or products supplied by us under retention of title are seized, you, the customer, must notify us. Are you unable to fulfill your payment obligations? Then you are obliged to return to us at your own expense the products that are still ours.
5. If we want to use the property rights we have explained in this article, we expect to get permission from you. This includes telling us where the products are and giving us access to that place.
Article 9: WARRANTY, INVESTIGATION AND COMPLAINTS
1. All products we provide to you will work as you can reasonably expect. As long as you use them for their intended purpose, of course.
2. Are you using the product in the wrong way? Then the warranty becomes void. This also applies if you use the product after its expiration date, store it incorrectly or do not maintain it properly. Also if there are circumstances beyond our control, we unfortunately cannot offer you a warranty. Think for example of extreme weather conditions.
3. We expect you, the customer, to examine the products we bring to you yourself to see if everything we have agreed upon is correct.
4. Are there any visible defects in the products you receive from us? Then you must report this to us within 3 working days. Please do this in writing and in as much detail as possible. Non-visible defects must be reported in writing within 5 working days. If you do not do this? Unfortunately this is no longer possible at a later time.
5. Do you report a defect in your product(s) in time? Then you still have to pay. Of course we will do everything we can to solve the problem. Do you not make a timely report? Then we will assume that you accept the products.
6. Is your report too late? Unfortunately. Then you are no longer entitled to repair, replacement or compensation.
7. Do we agree that your product does not work as you should expect and have you reported this in time? Then we will replace the returned product as soon as possible after we have received the return shipment. If we cannot replace or repair the product, you will receive compensation from us.
8. If we have made or purchased a product or material especially for you, we will never take it back.
Article 10: LIABILITY
1. Do we fail to comply with the agreements we have made together? Then our liability is limited as indicated in this article.
2. Have you shared incorrect or incomplete information with us? Then we are not liable if this results in damage.
3. Our liability in all cases never exceeds the invoice value of the part of the order for which we are liable.
4. And our liability shall never exceed the amount paid by the insurer in that particular case.
5. We are never liable for indirect damages. Indirect damages include lost profits, loss of goodwill, reputation, business or contracts, missed savings and damage due to business interruption.
6. Are you yourself insured against the damage you have incurred? Then we are not liable.
7. Did we cause the damage intentionally or were we deliberately careless? Then we are liable for damage.
Article 11: RISK ASSUMPTION
1. From the moment we have delivered the products or services, Textiel Builders is no longer at risk. The risk is yours from that moment on.
2. Can the delivery of the products not take place and is that your fault? Then you bear the risk. This applies from the original delivery date as we have communicated it to you.
3. Have we delivered the products or services to the address you provided? Then we no longer run any risk.
Article 12: FORCE MAJEURE
1. In case of force majeure, we do not have to fulfill our obligations to you. We may do so as long as there is force majeure.
2. What exactly do we mean by force majeure? Any circumstance independent of our will and/or unforeseeable circumstance which prevents the fulfillment of our obligations to the customer in whole or in part.
This is legal for:
b. fire, flood
c. water damage
d. export and/or import restrictions
e. business interruptions
f. failures in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time.
g. non-delivery or late delivery of suppliers or other third parties engaged i. the absence of governmental permits.
Article 13: CONFIDENTIALITY
1. It may happen that you hear or see confidential information when concluding an agreement. If you reasonably suspect that this information is confidential, you may not disclose it. We assume that you will not do so in any way and will keep it quiet for 2 years after the agreement.
2. There are a few exceptions to the duty of confidentiality:
a. If you already possessed or developed the information before you received it from us. Unless you knew the information was confidential.
b. If the information is already generally available or known at the time you receive it.
c. If you obtained the information from another party without violating legal confidentiality regulations.
d. If the information must be disclosed according to a legal requirement. You may also share the information if you receive a request from a competent court or government agency, legal or self-regulatory body.
3. Neither party issues press releases. This also means that you will not tell publicly about our cooperation without our consent. Unless you are required to do so by a legally authorized body.