Terms & Conditions
- Werkwaardig Furniture Design: located in Amsterdam and registered with the Chamber of Commerce under registration number 66944341, trading under the name Werkwaardig Furniture Design.
- Website: the website of Werkwaardig Furniture Design, accessible through www.werkwaardig.com and all related subdomains.
- Customer: the natural or legal person, whether or not acting in the course of a profession or business, who enters into an Agreement with Werkwaardig Furniture Design.
- Agreement: any agreement or contract between Werkwaardig Furniture Design and Customer, of which the General Terms and Conditions form an integral part.
- General Terms and Conditions: the present General Terms and Conditions.
APPLICABILITY OF GENERAL TERMS AND CONDITIONS
- The General Terms and Conditions apply to all offers, Agreements, and deliveries made by Werkwaardig Furniture Design, unless explicitly agreed otherwise in writing.
- If Customer includes provisions or conditions in their order, confirmation, or acceptance that deviate from or do not appear in the General Terms and Conditions, they will only be binding for Werkwaardig Furniture Design if explicitly accepted in writing.
- In case specific product- or service-specific conditions are also applicable alongside these General Terms and Conditions, those conditions will also apply, but in case of conflicting provisions, Customer can always rely on the applicable provision that is most favorable to them.
PRICES AND INFORMATION
- All prices stated on the Website and in other materials provided by Werkwaardig Furniture Design include VAT and, unless stated otherwise on the Website, other government-imposed levies.
- If shipping costs apply, this will be clearly stated before the conclusion of the Agreement. Additionally, these costs will be displayed separately during the ordering process.
- The content of the Website has been compiled with the utmost care. However, Werkwaardig Furniture Design cannot guarantee that all information on the Website is at all times correct and complete. Therefore, all prices and other information on the Website and in other materials provided by Werkwaardig Furniture Design are subject to obvious programming and typing errors.
- Werkwaardig Furniture Design cannot be held responsible for (color) deviations due to screen quality.
CONCLUSION OF AGREEMENT
- The Agreement is concluded at the moment of acceptance by the Customer of the offer made by Werkwaardig Furniture Design and compliance with the conditions set by Werkwaardig Furniture Design.
- If the Customer has accepted the offer electronically, Werkwaardig Furniture Design will immediately confirm the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
- In the event that it becomes apparent that the acceptance of the Agreement by the Customer contains incorrect information or has been entered into in an improper manner, Werkwaardig Furniture Design has the right to fulfill its obligations only after the correct information has been received.
- Within legal frameworks, Werkwaardig Furniture Design may verify whether the Customer can meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the Agreement. If, based on this investigation, Werkwaardig Furniture Design has valid reasons not to enter into the Agreement, they are entitled to refuse an order or application or to attach special conditions, such as advance payment, to the execution of the Agreement.
EXECUTION OF AGREEMENT
- Once the order has been received by Werkwaardig Furniture Design, the products will be dispatched as soon as possible, in accordance with the provisions set out in Article 3 of this Section.
- Werkwaardig Furniture Design is authorized to engage third parties for the performance of obligations arising from the Agreement.
- The delivery period is a maximum of 4 weeks. The method of delivery can take place in various ways and is at the choice of Werkwaardig Furniture Design.
- If Werkwaardig Furniture Design cannot deliver the products within the agreed period, they will inform the Customer of this. In that case, the Customer can agree to a new delivery date, or they have the option to terminate the Agreement free of charge.
- Werkwaardig Furniture Design advises the Customer to inspect the delivered products and to report any defects discovered within a reasonable time, preferably in writing. See the section on warranty and conformity for more details.
- Once the products to be delivered have been delivered to the specified delivery address, the risk of these products passes to the Customer. If expressly agreed otherwise, the risk transfers to the Customer earlier. If the Customer decides to pick up the products, the risk transfers upon transfer of the products.
- Werkwaardig Furniture Design is entitled to deliver a similar product of similar quality to the ordered product if the ordered product is no longer available. In that case, the Customer is entitled to terminate the Agreement free of charge and return the product free of charge.
- This article applies only if the Customer is a natural person who is not acting in the course of their profession or business. Business Customers, therefore, have no right of withdrawal. The Customer has the right to cancel the distance contract with Werkwaardig Furniture Design within 14 calendar days after receiving the product, without giving any reason, free of charge. The period starts on the day after the Customer, or a third party designated by them, other than the carrier, receives the product, or:
- if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by them, receives the last product;
- if the delivery of a product consists of multiple shipments or parts: the day on which the Customer, or a third party designated by them, receives the last shipment or part;
- for contracts for regular delivery of products during a defined period: the day on which the Customer, or a third party designated by them, receives the first product.
- Only the direct costs of returning the product are borne by the Customer. The Customer must, therefore, bear the cost of returning the product. If these costs are higher than the regular postal rate, Werkwaardig Furniture Design will provide an estimate of these costs. Any costs paid by the Customer for shipping and payment of the product to the Customer will be refunded to the Customer upon return of the entire order.
- Within the withdrawal period mentioned in section 1, the Customer shall handle the product and its packaging with care. The Customer shall only open the packaging and use the product to the extent necessary to ascertain the nature, characteristics, and functioning of the product. The principle here is that this inspection should not go beyond what the Customer could do in a physical store.
- The Customer is only liable for any diminished value of the product resulting from the handling of the product beyond what is necessary to ascertain its nature, characteristics, and functioning as allowed in the preceding section.
- The Customer can terminate the contract in accordance with the term set out in section 1 of this Article by sending the model withdrawal form (digitally) to Werkwaardig Furniture Design, or by other unambiguous means to inform Werkwaardig Furniture Design of their decision to withdraw from the purchase. In case of a digital notification, Werkwaardig Furniture Design will confirm the receipt of that notification. After withdrawal, the Customer has 14 days to return the product. It is also possible to return the product within the period mentioned in section 1 of this Article, provided that the model withdrawal form or other unambiguous statement of withdrawal is included.
- Any amounts already paid by the Customer (in advance) will be refunded as soon as possible but no later than 14 days after the contract is terminated, using the same method of payment used by the Customer for the initial transaction. If the Customer chose a more expensive method of delivery than the standard delivery, Werkwaardig Furniture Design is not required to refund the additional costs for the more expensive method.
- Unless Werkwaardig Furniture Design offers to collect the product themselves, Werkwaardig Furniture Design may wait with the refund until Werkwaardig Furniture Design has received the product or until the Customer has demonstrated that they have returned the product, whichever comes first.
- The Website will provide clear and timely information before concluding the contract about the applicability of the right of withdrawal and any desired procedure.
- The right of withdrawal does not apply to: Products made according to the Customer’s specifications.
Products can be returned to:
Werkwaardig Furniture Design
HJE Wenckebachweg 6V15
1096 AN, Amsterdam
- Customer must make payments to Werkwaardig Furniture Design in accordance with the payment methods indicated in the ordering process and possibly on the Website. Werkwaardig Furniture Design is free to choose the methods of payment offered, which may also change from time to time. In case of payment after delivery, Customer has a payment term of 14 days, starting on the day after delivery.
- If the Customer does not fulfill their payment obligation(s) on time, they shall owe the statutory interest on the amount still owed, after Werkwaardig Furniture Design has reminded the Customer of the late payment and granted them a period of 14 days to still meet their payment obligations, after the payment remains outstanding within this 14-day period, Werkwaardig Furniture Design is entitled to charge the Customer with extrajudicial collection costs incurred by Werkwaardig Furniture Design. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500, and 5% on the following €5,000, with a minimum of €40. Werkwaardig Furniture Design may deviate from the mentioned amounts and percentages in favor of the Customer.
WARRANTY AND CONFORMITY
- This article applies only if the Customer is not acting in the course of their profession or business. If Werkwaardig Furniture Design provides a separate warranty for the products, this applies to all types of Customers, notwithstanding the foregoing.
- Werkwaardig Furniture Design guarantees that the products meet the Contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations applicable on the date the Contract was concluded. If agreed, Werkwaardig Furniture Design also guarantees that the product is suitable for use other than normal use.
- Any warranty provided by Werkwaardig Furniture Design, the manufacturer, or the importer does not affect the Customer’s statutory rights and claims based on the Contract.
- If the delivered product does not meet the Contract, the Customer must inform Werkwaardig Furniture Design of this within a reasonable time after discovering the defect.
- If Werkwaardig Furniture Design deems the complaint to be valid, the relevant products will be repaired, replaced, or reimbursed after consultation with the Customer. The maximum compensation, taking into account the provisions on liability, is equal to the price paid by the Customer for the product.
- If the Customer has a complaint about a product (in accordance with the Article regarding warranty and conformity) and/or other aspects of the services provided by Werkwaardig Furniture Design, they may submit a complaint to Werkwaardig Furniture Design by telephone, email, or post. See the contact details at the end of the General Terms and Conditions.
- Werkwaardig Furniture Design will respond to the Customer’s complaint as soon as possible but no later than 3 days after receiving the complaint. If it is not yet possible to provide a substantive or definitive response, Werkwaardig Furniture Design will confirm the receipt of the complaint within 3 days and provide an indication of the expected period within which it expects to provide a substantive or definitive response to the Customer’s complaint.
- Customers who are not acting in the course of their profession or business can also submit a complaint through the European Online Dispute Resolution platform, accessible at https://webgate.ec.europa.eu/odr/
- This Article applies only if the Customer is a natural person or legal entity acting in the course of their profession or business.
- The total liability of Werkwaardig Furniture Design towards the Customer for attributable failure to fulfill the Contract is limited to a maximum of the amount of the price agreed upon for that Contract (including VAT).
- Liability of Werkwaardig Furniture Design towards the Customer for indirect damages, including but not limited to consequential damages, loss of profit, missed savings, data loss, and business interruption, is excluded.
- Outside the cases mentioned in the previous two sections of this Article, Werkwaardig Furniture Design has no liability towards the Customer for damages, regardless of the grounds on which an action for damages would be based. However, these limitations mentioned in this Article will not apply in case of intentional acts or gross negligence by Werkwaardig Furniture Design.
- The liability of Werkwaardig Furniture Design towards the Customer for attributable failure to fulfill a Contract arises only if the Customer promptly and properly notifies Werkwaardig Furniture Design of the default in writing, setting a reasonable period for remedying the default, and Werkwaardig Furniture Design continues to fail to fulfill its obligations even after that period has expired. The notice of default must contain a detailed description of the default, enabling Werkwaardig Furniture Design to respond adequately.
- A precondition for any right to compensation is always that the Customer reports the damage to Werkwaardig Furniture Design in writing as soon as possible, but no later than 30 days after its occurrence.
- In case of force majeure, Werkwaardig Furniture Design is not obliged to compensate for any damage incurred by the Customer as a result.
RETENTION OF TITLE
As long as the Customer has not made full payment for the entire agreed amount, all delivered goods remain the property of Werkwaardig Furniture Design.
- Werkwaardig Furniture Design processes the personal data of the Customer in accordance with the privacy statement published on the Website.
- The Agreement is governed by Dutch law.
- Unless rules of mandatory law dictate otherwise, all disputes arising in connection with the Agreement will be submitted to the competent Dutch court in the district where Werkwaardig Furniture Design is established.
- If any provision in these General Terms and Conditions is declared void, it will not affect the validity of the entire General Terms and Conditions. In such case, the parties will establish a new provision(s) to replace the void one(s), so as to achieve as much as possible the intent of the original provision.
- In these General Terms and Conditions, “written” also includes communication by email and fax, provided the identity of the sender and the integrity of the email are sufficiently established.
If you have any questions, complaints, or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by email.
Werkwaardig Furniture Design
1018 KK, Amsterdam
Tel. +31 6 44 37 96 32
Chamber of Commerce (KvK) number: 66944341
VAT Identification Number: 856763263B01