General Terms and Conditions DAMI webshop
Article 1: Definitions
In these terms and conditions, the terms listed below have the following meaning:
1.1 DAMI: DAMI Design B.V. and all affiliated companies, unless these companies have declared these terms and conditions inapplicable.
1.2 Customer: every (legal) person who has given an order to DAMI for the delivery of products, has made known its intention to do so, has invited DAMI to make an offer or has entered into an agreement for the delivery of products in any way whatsoever.
1.3 Consumer: every Customer being a natural person not acting in the course of a profession or business
1.4 Products: products offered for sale and/or delivered by DAMI.
1.5 Delivery Time: the period of time between the confirmation of the order and its delivery to Customer and/or Consumer.
1.6 Website: www.damiinterior.nl and any other website operated by DAMI.
Article 2: Identity of the merchant
DAMI Design B.V. / DAMI Luxury Interior
De Kroonweg 12
5145 NH Waalwijk
Chamber of Commerce number: 76010058
Telephone: +31 (0)416 744 109
General email address: email@example.com
Webshop email address: firstname.lastname@example.org
Article 3: Applicability of general terms and conditions
3.1 Unless explicitly agreed otherwise in writing, these terms and conditions apply to all legal acts between DAMI and Customer/Consumer, including all offers made by DAMI and all agreements between DAMI and Customer/Consumer and their execution. In the event that the applicability of these terms and conditions is established in respect of any transaction between DAMI and Customer/consumer, these terms and conditions will be deemed to have been met by operation of law in all subsequent transactions with Customer/Consumer in question. Terms and conditions of Customer, including purchasing conditions, do not apply and their applicability is expressly rejected unless and insofar as DAMI has explicitly agreed to their applicability in writing.
3.2 Additions to or deviations from these terms and conditions only apply if and insofar as these have been confirmed in writing by DAMI to Customer/Consumer, only relate to the specific transaction for which they have been agreed and cannot be invoked in other transactions.
3.3 Should any provision of these terms and conditions prove to be null and void or voidable, the other provisions of these terms and conditions will remain in full force and effect, while DAMI will at all times be entitled to replace the provision in question with another provision of the same purport.
3.4 Commercial terms, used in quotations, order confirmations or otherwise, will be interpreted in accordance with the International Rules for the Interpretation of Commercial Terms produced by the International Chamber of Commerce (Incoterms 2000), as in force at the time of the conclusion of the agreement.
Article 4: Conclusion of agreement with DAMI
4.1 An agreement between DAMI and Customer/Consumer is concluded by the confirmation by DAMI of an order placed via the Website.
4.2 Customers who are not Consumers are required to place their order with their unique login code on their personal page. DAMI is entitled to attach a maximum to the total amount ordered.
4.3 If the order is given on behalf of a legal entity, the person giving the order is jointly and severally liable for the fulfilment of the obligations towards DAMI created on behalf of the legal entity in question.
4.4 Customer/Consumer will provide DAMI with the correct name and address details.
4.5 Actions or offers mentioned on the Website are of a temporary nature and only apply during the period indicated on the Website.
Article 5: Prices
5.1 All prices quoted by DAMI are in euro, including VAT and excluding the costs of packaging, insurance and transport.
5.2 Price changes are valid from the moment they are stated on the Website.
5.3 All offers by DAMI are without obligation and DAMI expressly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations.
Article 6: Termination of agreement
6.1 Orders placed cannot be cancelled free of charge by Customer. Agreements cannot be cancelled by Customer free of charge. If, for any reason, Customer cancels an order or terminates an agreement, or if DAMI terminates an agreement due to an attributable shortcoming on the part of Customer, all costs already incurred by DAMI as well as the amount of loss of profit and other loss will be at the expense of Customer.
6.2 Insofar as necessary contrary to the provisions of paragraph 1 above, Consumer is entitled to cancel his order by email free of charge and without giving reasons, as long as it has not yet been confirmed in writing, and Consumer is also entitled terminate the agreement during a period of fourteen full days after the date of receipt of the ordered products, without giving reasons.
6.3 In this case, “date of receipt” will be understood to mean the date on which Consumer has signed for receipt of the Products.
6.4 Termination will be effected in writing by email or registered letter.
6.5 Within fourteen days of sending the notification referred to in Article 6.4, the Products will be returned at the risk and expense of Consumer, unopened, unused and packaged in such a way as to prevent damage during transport. Consumer is responsible for the shipment and any damage incurred during the return. The burden of proof in this respect lies with Consumer.
6.6 Within 30 days after the Products have been returned in good order by DAMI, the amount paid by Consumer will be refunded to the account number from which Consumer paid for the order.
6.7 If the returned Products are not found to be in good order, the amount paid for the order will not be refunded or an appropriate discount will be withheld. In such cases, Consumer will be informed in writing of the reasons for the discount applied.
Article 7: Delivery
7.1 The Delivery Times indicated by DAMI are indicative only. Exceeding these Delivery Times by DAMI does not entitle Customer/Consumer to compensation, nor does it entitle Customer to cancel the order or terminate the agreement, unless the stated Delivery Time has been exceeded by more than 30 days. In the latter case (if the Delivery Time is exceeded by more than 30 days), Customer – contrary to Article 6.1 – has the right to terminate the agreement by email and any payments already made against which no deliveries have been made will be refunded to the bank account number mentioned by Customer in the email.
7.2 Delivery is made ex works/shop/warehouse. This means that the delivery costs are fully at the expense of Customer/Consumer.
7.3 The place of delivery is the address that Customer/Consumer has made known to DAMI.
7.4 The risk of damage to or loss of the Products rests with DAMI until the moment of delivery, unless otherwise agreed.
Article 8: Force majeure
8.1. If DAMI is prevented from complying with the agreement due to force majeure, DAMI is entitled – without prejudice to the provisions of Article 7 – to suspend compliance for three months by means of written notification and – if the prevention of compliance has not yet disappeared after the expiry of that period – to terminate the agreement, whether or not immediately, all this without being obliged to pay any compensation to Customer/Consumer or third parties, other than the restitution of any monies already paid by Customer/Consumer for which no deliveries have been made. Any Products or services already delivered will be paid by Customer/Consumer.
8.2. Force majeure as referred to in Article 8.1 is understood to mean any circumstance – not being intent or gross negligence on the part of DAMI – which prevents DAMI from fulfilling the agreement. Contrary to the foregoing, in the case of contracts with Consumers, force majeure will be understood to mean a circumstance which prevents DAMI from fulfilling the agreement and which is not due to DAMI’s fault, nor is DAMI responsible for it by virtue of the law, a legal act or generally accepted views. This includes all external causes beyond DAMI’s control, such as domestic (and foreign) riots, natural disasters, epidemics, illness, terrorism, threats, personnel circumstances, strikes, war, changed government measures, weather conditions, traffic conditions such as, but not limited to, roadblocks, blockades and traffic jams, fire, force majeure on the part of suppliers and general transport problems. The above list is explicitly not exhaustive.
Article 9: Complaints
9.1 Subject to proof to the contrary, Products will be deemed to have been delivered in number, weight, type and size in accordance with the information contained in the shipping documents. Deviations and other defects immediately visible upon delivery will be noted immediately on the receipt document to be given to the carrier and within 48 hours after receipt, and if not visible within 5 working days after receipt to DAMI, will be reported by email to email@example.com or by registered mail to De Kroonweg 12, 5145 NH in Waalwijk, failing which these deviations and defects can no longer be invoked.
9.2 Products that appear to be faulty will be returned to DAMI carriage paid and in their original condition, after which DAMI has the free choice, in the event of faults, to repair or replace the Product in question, or to credit Customer for a proportional part of the invoice.
9.3 Guarantees from producers that are stated on packaging or leaflets of Products with respect to complaints that fall outside the scope of Article 9.1 will be settled directly with the producer in question, and DAMI accepts no liability or responsibility for such settlement.
Article 10: Liability
10.1 DAMI accepts no liability for loss suffered by Customer or third parties as a result of DAMI’s failure to comply with the agreement, or to do so on time or properly, unless it concerns loss which is the direct and exclusive result of intent or gross negligence on the part of DAMI.
10.2 Any further liability on the part of DAMI for loss, on any grounds whatsoever and including loss incurred by third parties, is expressly excluded, unless it concerns loss that is the direct and exclusive result of intent or gross negligence on the part of DAMI.
10.3 In the event of liability, only the loss for which DAMI is insured, or, if the loss is not covered by any insurance taken out by DAMI, the liability will be limited to the amount of the net invoice value of the contract.
10.4 Customer indemnifies DAMI against all claims of third parties due to product liability as a result of a defect in a Product delivered by Customer to a third party that (partly) consisted of Products and/or materials delivered by DAMI.
Article 11: Payment
11.1 In principle, invoicing takes place as of the date on which the order is placed. DAMI expressly reserves the right to unilaterally deviate therefrom.
11.2 Unless explicitly agreed otherwise in writing, payment of the invoices will be made within 14 days after the invoice date to a bank account to be designated by DAMI. Contrary to the foregoing, Consumer will pay immediately upon placing the order in one of the ways indicated on the Website, failing which the order will not be accepted, unless DAMI offers Consumer a payment option that allows payment in arrears. Furthermore, DAMI is at all times and without giving reasons, entitled to require Customers other than Consumers to pay in advance or, in the opinion of DAMI, sufficient additional security for the fulfilment of the obligations, including collection costs and interest, even if these obligations have not yet become due and payable. If Customer does not comply with a request to that effect from DAMI within 15 days, DAMI is entitled to terminate the agreement or to immediately suspend or terminate the delivery of Products under this agreement and any other agreements and Customer is in default, without any notice of default being required. Furthermore, in that case, Customer will at DAMI’s first request establish a right of pledge in favour of DAMI on the movable property in possession of Customer, in default of which an immediately payable penalty, not subject to judicial moderation, of € 100 per day that Customer remains in default to comply with this request. DAMI will never be liable for any loss resulting therefrom for Customer or third parties.
11.3. The right of Customer to offset any claims made by Customer against DAMI’s invoices is excluded. Nor is Customer permitted to apply discounts to agreed and invoiced amounts without the prior written approval of DAMI.
11.4. If Customer has not paid any invoice in full on time, or if payments made by a Customer are reversed, Customer is deemed to be in default by operation of law without further notice of default, DAMI has the right to suspend the execution of any other agreements with Customer concerned or to terminate these agreements and Customer/Consumer will owe interest of 2% per month as of the first day after the expiry of the payment term referred to in Article 11.2 or the date of cancellation until the day of full payment of the outstanding amount, whereby the interest for part of the month will be calculated as a full month.
11.5 DAMI is entitled to charge administration costs and extrajudicial collection costs ss soon as Customer is in default. These amount to 15% of the outstanding amount. If Consumer is in default, the extrajudicial collection costs will be charged according to the rates and in the manner provided for in the Dutch Extrajudicial Collection Costs (Standardisation) Act (Wet Normering Buitengerechtelijke Incassokosten) and the resulting legal decisions.
11.6. DAMI is free to determine to which claims (partial) payments of Customer/Consumer are attributed, but in any case, payments will first be deducted from any legal costs, then from the extrajudicial collection costs, then from the interest owed and only as a last resort from the principal.
Article 12: Retention of title
12.1. All Products delivered by DAMI, including those for which the invoice for delivery has already been paid, will remain the property of DAMI, until all financial obligations of Customer to DAMI, for whatever reason, including the obligation to pay interest and/or extrajudicial collection costs, have been fulfilled.
12.2. As long as Products delivered are subject to a retention of title or a right of pledge in favour of DAMI, these may not be encumbered by Customer or disposed of outside the normal course of business and all risks of total or partial damage, destruction or loss, for whatever reason, will be for Customer’s account. Customer will adequately insure the Products against theft, fire and other dangers at its own expense, but on behalf of DAMI.
12.3. DAMI is irrevocably authorised by Customer to enter the place where the Products concerned are located immediately after the retention of title has been invoked and to recover these Products. If, despite this authorisation, DAMI is prevented from recovering its property, Customer will forfeit an immediately payable fine of € 100 for each day that the prevention continues, without prejudice to DAMI’s right to claim the actual loss, if this is higher than the total of the penalties thus forfeited.
Article 13 Confidentiality
13.1 All information provided to DAMI will be treated as strictly confidential and will not be passed on to third parties, unless there is a legal obligation to do so or this is necessary for any other reason in accordance with the law.
13.2 DAMI will only use the provided personal data to send its newsletter to Customer with the explicit consent of Customer.
Article 14: Privacy
14.1 The parties will act in accordance with the legislation on the protection of personal data.
14.2 If Customer/Consumer places an order with DAMI, his/her (personal) data will be included in DAMI’s customer database. DAMI abides by the rules of the GTC when processing (personal) data. DAMI also commits its employees and any sub-processors to confidentiality, unless disclosure is necessary for the execution of the agreement. DAMI will determine the purpose and means of processing personal data in the performance of the agreement.
14.3. If so desired, Customer/Consumer can obtain access to the data that DAMI records about Customer/Consumer in DAMI’s file. Customer/Consumer is entitled to request modification of the data if these data are incorrect.
14.4. Personal data will not be stored longer than necessary for the introduction of the purchase agreement. Fiscal data relating to the transaction will be stored for seven years in connection with VAT obligations.
14.5 If Customer/Consumer has indicated that he/she wishes this, Customer/Consumer’s details will be included in a central file held by DAMI. These data will be used to keep Customer/Consumer up to date with regard to the developments and services of DAMI.
Article 15: Applicable law
15.1 All agreements between DAMI and Customer are exclusively governed by Dutch law. Also in the event that an obligation is wholly or partly fulfilled abroad.
15.2 The Vienna Convention on Contracts for the International Sale of Goods is not applicable, nor is any other international regulation of which exclusion is permitted.
15.3 The Distance Selling Act (Wet Koop op Afstand) will not apply in all cases in which exclusion is permitted.
15.4 All disputes arising from an agreement concluded between the parties will be settled exclusively by the Dutch court in DAMI’s place of establishment, unless any mandatory statutory provision dictates otherwise.
15.5 With respect to any legal proceedings, Customer formally and irrevocably elects domicile at the address made known to DAMI at the time of the conclusion of the agreement. This implies that legally valid official documents and registered mail may be presented at that address at any time, unless another address has been indicated by registered letter or email. Customer will enclose with the registered letter or email a recent extract from the register of the Chamber of Commerce showing its new business address.
Article 16: General terms and conditions in language other than Dutch
16.1 If and insofar as these terms and conditions are made available in a language other than Dutch and there are differences or contradictions with the Dutch version, the text and interpretation of the terms and conditions drawn up in the Dutch language will prevail at all times.