Terms & Conditions
Introduction
Below you will find our General Terms and Conditions. These always apply if you use and/or place an order via our website and contain important information for you as a customer. We recommend that you read this carefully.
Contact details
DLS Design
Van Rietlaan 16
3461 HW Linschoten
0348-448098
Contact@dlsdesignshop.com
1. Definitions
1.1 DLS Design B.V. was established in Linschoten and registered with the Chamber of Commerce under registration number 67555888 trading under the name of DLS Design.
1.2 Website: the DLS Design website can be consulted via www.dlsdesignshop.com and all associated subdomains.
1.3 Customer: the natural or legal person, whether or not acting in the exercise of a profession or business, who enters into an agreement with DLS Design men/or has registered on the website.
1.4 Agreement: any appointment or agreement between DLS Design and the customer, of which agreement the General Terms and Conditions form an integral part.
1.5 Force majeure: any circumstance independent of the will of DLS Design, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the completion of its obligations cannot reasonably be expected from DLS Design, regardless of whether that circumstance at the time of the foreseeable conclusion of the Agreement. These circumstances also include strikes and lockouts, stagnation or other problems in production by DLS Design or its suppliers and/or in its own or third-party transport and/or measures taken by any government agency, telecommunications disruptions, as well as the lack of any government permit.
2. Applicability General Conditions
2.1 The General Terms and Conditions apply to all offers, agreements, and deliveries of DLS Design unless expressly agreed otherwise in writing.
2.2 If the Client includes provisions or conditions in its order, confirmation, or notification containing acceptance that deviates from or does not appear in the General Terms and Conditions, these are only binding for DLS Design if and insofar as they have been expressly accepted by DLS Design in writing.
3. Differences
3.1 There can always be color differences between the color on the website and in reality.
3.2 Change: DLS Design has the right to change the content of the website at any time.
4. Prices and information
4.1 All prices stated on the website and in other materials originating from DLS Design include VAT and, unless stated otherwise on the website, other levies imposed by the government.
4.2 If shipping costs are charged, this will be clearly stated in good time before the Agreement is concluded. Before the customer confirms and pays, these costs are reflected in the ordering process.
4.3 The content of the website has been compiled with the most excellent care. However, DLS Design cannot guarantee that all information on the website is correct and complete at all times. All prices and other information on the website and in other materials originating from DLS Design are therefore subject to prominent programming and typing errors.
5. Conclusion of agreement
5.1 An agreement between DLS Design and the customer is concluded at the moment of acceptance by the customer of the offer of DLS Design and the fulfillment of the associated conditions.
5.2 If a customer has accepted the offer electronically, DLS Design will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the customer has the option to dissolve the agreement.
5.3 The confirmation of receipt contains at least the following information:
- Which product was purchased, the number of products, the price of the product.
- Customer data such as name, delivery address, billing address (if different from the customer's delivery address), e-mail address, and telephone number of the customer (if known).
- The order number of the agreement
- The e-mail address of DLS Design, where the customer can go with questions about the order.
5.4 Suppose it appears that the Customer has provided incorrect information when accepting or otherwise entering into the Agreement. In that case, DLS Design has the right to fulfill its obligation only after the correct information has been received. Costs arising from the incomplete or incorrect provision of data will be passed on to the Customer.
5.5 DLS Design reserves the right to dissolve an agreement if there is incorrect information regarding shipping costs, prices or quantities, or other incorrect information that prevents the performance of its services.
6. Execution Agreement
6.1 As soon as the order has been received by DLS Design, DLS Design will send the products as soon as possible with due observance of the provisions of paragraph 5 of this Article.
6.2 DLS Design is entitled to engage third parties in performing the obligations arising from the Agreement.
6.3 The delivery time is in principle 1 to 3 working days after payment. The delivery method can take place in various ways and is at the discretion of DLS Design.
6.4 If DLS Design cannot deliver the products within the agreed term, it will inform the Customer. In that case, the Customer can agree to a new delivery date, or is given the option to dissolve the Agreement free of charge.
6.5 DLS Design advises the Customer to inspect the delivered products and report any defects found within two days, preferably by e-mail. See the Article on warranty and conformity in more detail.
6.6 If the delivered products are not received within seven days after sending, the customer should contact DLS Design, preferably by e-mail.
6.7 As soon as the products to be delivered have been delivered by the sending party to the specified delivery address or nearby chosen by the sending party, the risk about these products passes to the Customer. Please note that the party responsible for shipping, PostNL, may deliver a package to surrounding homes. If this is not desired, this must be explicitly stated in the comments during the ordering process. If the delivered products are not received within seven days after sending, the customer should contact DLS Design, preferably by e-mail.
6.8 DLS Design is entitled to deliver a similar product of similar quality to the ordered product if the ordered product is no longer available. If this is the case, DLS Design will inform the Customer about this in advance by means of a proposal that the customer may refuse.
7. Right of withdrawal / Returns
7.1 This article only applies if the Customer is a natural person who does not act in the course of his profession or business. Business Customers, therefore, do not have a withdrawal right.
The customer has the right to dissolve the distance agreement with DLS Design within 14 working days after receipt of the product, without stating reasons, free of charge by returning the product to DLS Design within this period.
Only the direct costs for the return shipment are for the Customer’s account. The customer must therefore bear the return costs himself. Any fees paid by Customer for shipping and payment of the product to Customer will not be refunded to Customer when the entire order is returned.
7.2 If the customer wishes to dissolve the agreement under Article 7.1 of these terms and conditions, the customer must report this to DLS Design by e-mail. The customer must send the product - after consultation with DLS Design - to:
DLS Design
van Rietlaan 16
3461 HW Linschoten
In this case, the customer must bear the costs of and the risk of shipping.
7.3 Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. The customer will only open the packaging and only use the product to the extent necessary to check the nature, characteristics, and functioning of products.
7.4 The Customer can dissolve the Agreement in accordance with paragraph 1 of this Article by returning the product to DLS Design within the period specified in paragraph 1, or by informing DLS Design within this period of the fact that he renounces the purchase. And the product, after which he will return the product within the specified period.
7.5 Information about whether or not the right of withdrawal applies and any desired procedure is clearly stated on the Website in good time before the Agreement is concluded.
8. Payment and conditions
8.1 Suppose the customer has already made any payments at the time that the customer has concluded the agreement with DLS Design under article 7.1. and 7.2 of these Terms and Conditions of Purchase, DLS Design will refund these payments to the customer within fourteen [14] working days after DLS Design has received the product returned by the customer, less the costs of the return compensation to be reported and thus determined, under the following conditions:
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Products are not purchased for professional/business use.
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The delivered product must be 100% resaleable. No changes may have been made to or on the delivered product, and the delivered product must be in undamaged condition. All accompanying documentation, warranty certificates, and packaging materials must be enclosed with the return shipment.
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The return shipment must be in possession of DLS Design no later than the 15th day after receiving the delivered product to the Customer.
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The costs of postage and the risk of the return are for the Customer.
8.2 The Customer must make payments to DLS Design in accordance with the payment methods indicated in the order procedure and possibly on the Website. DLS Design is free to choose payment methods, and these may also change from time to time.
8.3 Payments to DLS Design are only made in euros
8.4 DLS Design may charge additional costs for specific payment methods. These are communicated during the ordering process, and the customer is free to choose a payment method.
8.5 All amounts charged to DLS Design must be paid without discount or deduction. The customer is not authorized to set off. Furthermore, the customer does not have the right to suspend any payment obligation towards DLS Design.
8.6 In the event that the payment term of seven [7] days is exceeded, DLS Design is entitled to charge the customer interest of 1% per month from the invoice’s due date, whereby part of a month is for a whole month. The month is calculated. DLS Design will send a reminder if the payment term is exceeded.
8.7 If the customer has not paid in full or before the payment deadline stated in the reminder, even after sending the reminder, DLS Design has the right to charge its extrajudicial [collection] costs to the customer.
8.8 In the event of non-compliance by the customer with what has been agreed regarding payment, DLS Design is entitled to dissolve the agreement extrajudicially with immediate effect or suspend its obligations and grant the customer access to the DLS Design system without stating reasons. To refuse.
8.9 As long as the Customer has not made full payment for the entire agreed amount, all delivered goods remain the property of DLS Design.
9. Guarantee
9.1 This article only applies if a Customer is not acting in the exercise of his profession or business. If DLS Design provides a separate warranty on the products, this applies to all types of Customers, without prejudice to the just stated.
9.2 DLS Design guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. . If specifically agreed, DLS Design also guarantees that the product is suitable for other than normal use.
9.3 A warranty provided by DLS Design, manufacturer, or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.
9.4 If the delivered product does not comply with the Agreement, the Customer must inform DLS Design thereof within two [2] days after discovering the defect.
9.5 If DLS Design considers the complaint to be well-founded, the relevant products will be repaired, replaced, or reimbursed after consultation with the Customer. With due observance of the Article regarding liability, the maximum compensation is equal to the price paid by the Customer for the product.
10 Complaints procedure
10.1 If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of the services of DLS Design, he can submit a complaint to DLS Design by e-mail.
10.2 DLS Design will provide the Customer with a response to his complaint as soon as possible, but in any case within two [2] days after receipt of the complaint. Suppose it is not yet possible to provide a substantive or final response. In that case, DLS Design will confirm within a reasonable period of receipt of the complaint and indicate the period within which it expects to provide a substantive or final response to the Customer's complaint.
11. Liability
11.1 This Article only applies if the Customer is a natural or legal person acting in the exercise of his profession or business.
11.2 The total liability of DLS Design towards the Customer due to an attributable shortcoming in the fulfillment of the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT).
The contractual and legal liability of DLS Design is at all times limited to 50% [fifty] of the amounts invoiced and billable by DLS Design to the customer under an Agreement [including sales tax], per Product or Service in respect of which the liability is to arise.
11.3 Liability of DLS Design towards the Customer for indirect damage, including in any case - but expressly not limited to - consequential damage, loss of profit, lost savings, loss of data, and damage due to business interruption, is excluded.
11.4 Apart from the cases referred to in the previous two paragraphs of this Article, DLS Design has no liability whatsoever towards the Customer for compensation, regardless of the ground on which an action for compensation would be based. However, the restrictions referred to in Article will lapse if and insofar as the damage is the result of intent or gross negligence on the part of DLS Design.
11.5 The liability of DLS Design towards the Customer due to an attributable shortcoming in the fulfillment of an agreement only arises if the Customer gives DLS Design immediate and proper written notice of default, thereby setting a reasonable term to remedy the shortcoming, and DLS Design also after that term in the continues to fail to fulfill its obligations. The notice of default must contain as detailed a description as possible of the shortcoming so that DLS Design can respond adequately.
11.6 A condition for the existence of any right to compensation is always that the Customer reports the damage in writing to DLS Design as soon as possible, but at the latest within thirty [30] days after it arises.
11.7 In the event of force majeure, DLS Design is not obliged to compensate for any damage caused to the Customer as a result.
12. Force Majeure
12.1 If DLS Design cannot fulfill its obligations towards the customer due to Force Majeure, the fulfillment of those obligations will be suspended for the duration of the force majeure situation.
12.2 If the Force Majeure lasts 1 [one] month, both parties have the right to dissolve the Agreement in whole or in part in writing, insofar as the force majeure situation justifies this.
12.3 In the event of Force Majeure, the customer is not entitled to any [damage] compensation, not even if DLS Design should have an advantage due to the force majeure.
12.4 DLS Design will inform the customer of a [imminent] Force Majeure as soon as possible.
13. Transfer of Ownership
13.1 Before the ownership of the Products has been transferred to the Customer, the Customer is not entitled to rent or give the Products into use, pledge, or otherwise encumber them. The Customer is only allowed to sell or deliver the Products, which DLS Design is the owner of, to third parties after written permission from DLS Design.
13.2 If and as long as DLS Design is the owner of the Products, the customer will inform DLS Design immediately if the Products are [threatened to] be seized or if [any part of] the Products is otherwise claimed. In addition, the customer will inform DLS Design at DLS Design's first request where the Products are located.
13.3 In the event of seizure, [provisional] suspension of payment, or bankruptcy, the customer will immediately point out the [property] rights of DLS Design to the attaching bailiff, the administrator, or the trustee. The Customer guarantees that any attachment on the Products will be lifted immediately.
14. Personal data
14.1 DLS Design processes the Customer’s personal data in accordance with the privacy statement published on the Website.
15. Registration
15.1 In order to make optimal use of the Website, the Customer can register via the registration form/account login option on the Website.
15.2 During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The customer is responsible for determining a sufficiently reliable password.
15.3 The Customer must keep his login details, username, and password strictly confidential. DLS Design is not liable for misuse of the login details and can always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through the Customer's account is the Customer's responsibility and risk.
15.4 If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password and/or inform DLS Design thereof as soon as possible so that DLS Design can take appropriate measures.
16. Copyright
16.1 The copyright as well as all other intellectual property rights on all Products or other materials that are delivered to the Customer by DLS Design or are made available in any way whatsoever, rest exclusively with DLS Design or its suppliers, and the Customer acquires the user rights therefor. That is expressly granted in these Terms and Conditions unless expressly agreed otherwise in a written document signed by DLS Design and the Customer.
16.2 The Customer is aware that the Products and/or other materials as referred to in paragraph 1 of this article may contain confidential information and trade secrets of DLS Design or its suppliers, and the Customer undertakes to keep these Products and/or other materials secret and not disclose or make it available to any third party.
16.3 The Customer is not permitted to remove and/or change or imitate any trademarks or any indication regarding copyrights, trademarks, etc., applied to the Products or their packaging.
16.4 DLS Design is allowed to take measures to protect the products.
16.5 DLS Design does not guarantee that the goods delivered to the customer do not infringe any intellectual and/or industrial property right of third parties and does not accept any liability in the event of any claim by third parties based on the statement that a good delivered by DLS Design infringes is made on any right of a third party.
16.6 DLS Design declares that the Products do not infringe any intellectual property rights of third parties applicable in the Netherlands to the best of its knowledge. In the event of a claim by third parties about infringement of such rights, DLS Design may, if necessary, replace or change the relevant Product or dissolve the Agreement in whole or in part. The Customer only has the right to dissolve the Agreement insofar as it cannot reasonably be expected to maintain the Agreement.
16.7 The Customer will immediately notify DLS Design of any third-party claim about an infringement of intellectual property rights about the Products. In the event of such a claim, only DLS Design is authorized to defend against it - also on behalf of the Client - or to take legal action against that third party or to reach an amicable settlement with that third party. The customer will refrain from such measures, as this can reasonably be expected of him. In all cases, the Customer will cooperate with DLS Design.
17. Final Provisions
17.1 The Agreement is governed by Dutch law.
17.2 Insofar as not dictated otherwise by mandatory law, all disputes that may arise due to the Agreement will be submitted to the competent Dutch court in the district where DLS Design is located.
17.3 If a provision in these General Terms and Conditions proves to be invalid, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision(s) as a replacement, which will shape the original provision’s intention as much as legally possible.
17.4 In these General Terms and Conditions, "in writing" also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.