Terms of delivery

GENERAL SALES AND DELIVERY CONDITIONS OF TREE TRUNK LIGHTING   

1. Applicability
2. These terms and conditions apply to all offers and agreements made by Boomstamverlichting to or concluded with the client, unless expressly agreed otherwise. In these terms and conditions, 'client' means any natural or legal person who enters into an agreement with Boomstamverlichting.
3. If the client also uses general terms and conditions, these terms and conditions only apply if and insofar as the applicability of those terms and conditions has been accepted in writing by Boomstamverlichting.
4. If any provision of these terms and conditions is declared invalid or inapplicable for any reason, the remainder of the terms and conditions will remain in force. 
5. Offers and prices
6. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
7. If the buyer wishes to postpone the offer, this can be done to a limited extent. Prices are valid for 3 months.
8. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
9. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
10. Images of products are a representation or example of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
11. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. 
12. All offers from Boomstamverlichting are without obligation. An agreement is concluded after signing for approval or after approval has been given via email or WhatsApp. If you place an order verbally by telephone, we will send you an order confirmation by email, to which we would like to receive your 'agreement'. If the order is placed at our visiting address, we ask you to sign the order confirmation drawn up by Boomstamverlichting. The order confirmation from Boomstamverlichting is decisive and decisive for the scope and further content of the agreement. You also sign for receipt of the general terms and conditions of sale and delivery.
13. Unless expressly stated otherwise, all quotations include the sales tax due. The prices are valid for 1 year after the date of the order confirmation. If you unexpectedly pick up the furniture later, we will use the applicable prices.
14. Offers and all information made available, such as designs/drawings/models/samples/descriptions/images and the like, as well as any attachments and documents relating to our quotations, remain the property of Boomstamlichting and may not be passed on to third parties without permission from Boomstamverlichting. be made available for inspection.
15. If the client withdraws the 'custom order', he is obliged to take over the materials and raw materials already purchased by Boomstamverlichting, whether or not treated or processed at cost price, including wages and social security contributions. If the order is withdrawn, the Client will also owe Boomstamverlichting as compensation the amount of one third of the agreed price. 
16. Payment and dissolution
17. Unless otherwise agreed in writing, payment must be made within 10 days of the invoice date. Will your product be delivered? Then you must make payment in advance. 
18. We ask for a down payment for custom furniture/lamp.
19. If the client does not pay on time in accordance with the provisions of paragraph a., the client will be in default from that moment on, without further notice of default being required. From that moment on, the Client will owe interest of 1% per month on the invoice amount, whereby part of a month counts as a full month. With a minimum of € 100.00
20. If the claim against the client is outsourced by Boomstamverlichting for collection, all associated costs will be borne by the client, including all costs as referred to in Article 6:96 of the Dutch Civil Code, the amount of which will amount to at least 15% of the claim. with a minimum of €300.
21. Boomstamverlichting is at all times entitled, before continuing the agreed work, to require the client to provide sufficient security for the fulfillment of his payment obligations. If the client is not prepared to do so, Boomstamverlichting is entitled to suspend delivery or terminate the agreement without legal intervention, without prejudice to the right to compensation.
22. If the client fails to fulfill any obligation incumbent on him, Boomstamverlichting is entitled to terminate the agreement after notice of default. The right to dissolve exists in any case if the client becomes bankrupt, the client applies for suspension of payments or debt restructuring, the client is placed under guardianship, if any seizure is made of the client's property and/or claims, or in the event of death. liquidation or dissolution of the client's company. 
23. Right of withdrawal

Bij levering van producten: 

1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur. Withdrawal is not possible for custom-made products.
2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. Wanneer de consument gebruik wenst te maken van zijn herroepingsrecht is hij verplicht dit binnen 14 dagen, na ontvangst van het product, kenbaar te maken aan de ondernemer. Het kenbaar maken dient de consument te doen middels het sturen van een mail. Nadat de consument kenbaar heeft gemaakt gebruik te willen maken van zijn herroepingsrecht dient de klant het product binnen 14 dagen retour te sturen. De consument dient te bewijzen dat de geleverde zaken tijdig zijn teruggestuurd, bijvoorbeeld door middel van een bewijs van verzending.
4. If the customer has not indicated that he wishes to exercise his right of withdrawal after the stated periods have expired. has not returned the product to the entrepreneur, the purchase is a fact.
5. Costs in case of withdrawal
6. If the consumer exercises his right of withdrawal, the costs of return and any costs incurred previously for any delivery will be borne by him.
7. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.
8. Exclusion of right of withdrawal
9. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
10. Exclusion of the right of withdrawal is only possible for products:

– which have been created by the entrepreneur in accordance with the consumer's specifications;
– that are clearly personal in nature;
– which cannot be returned due to their nature;
– the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence; 

7. Delivery and Retention of Title
8. Delivery takes place when the goods have been delivered to the customer by Boomstamverlichting, or, in the case of delivery 'ex factory', when the goods leave the business premises of Boomstamverlichting. The client bears the risk for all direct and indirect damage that may arise to or due to the delivered goods, including damage to third parties, from the moment delivery has taken place.
9. If, after delivery, difficulties arise when placing the furniture or hanging a lamp by the customer himself or by third parties; then Boomstamlichting is not liable for this. 
10. All delivered goods remain the sole property of Boomstamverlichting until the client has fully discharged all claims arising from any agreement concluded with Boomstamverlichting.
11. The client is prohibited from carrying out acts of disposition (including binding for the benefit of third parties by, for example, pledging) with regard to goods sold and delivered by Boomstamverlichting, without prior written permission from Boomstamlichting, as long as the client does not fulfill all its obligations under the agreement has been fulfilled.
12. Resale of goods sold and delivered by Boomstamverlichting is only possible after express written permission from Boomstamverlichting.
13. All goods, regardless of their condition or the way in which they have been processed, can be immediately reclaimed or taken back by Boomstamverlichting if the client has not met his payment obligations or Boomstamverlichting has reason to believe that the client will not fulfill his obligations.
14. The costs associated with the return will be charged to the client. In the event of return, a credit will be given based on the value that the goods appear to have after return.
15. Guarantee

The warranty period is 1 year. 

The warranty does not apply if: 

– The consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties; 

– The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging; 

– The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used. 

– the product has been transferred to third parties; 

– Boomstamverlichting has obtained the products/goods in whole or in part from third parties and Boomstamverlichting itself cannot claim compensation from this third party under the warranty; 

– Boomstamverlichting has used raw materials and the like in the manufacture of the product/good on the instructions of the client; 

– the defect is a deviation in quality, finish, dimensions, composition, etc. that is acceptable in the industry or if the defect could not have been prevented technically; or 

– the client has not fulfilled all its obligations (such as payment obligations) towards Boomstamlichting in a timely and correct manner. 

1 YEAR WARRANTY 

Our wood is sawn and dried with a moisture percentage between 8% and 12%. This makes our products suitable for heated spaces. Since this concerns wooden furniture, we would like to point out that the wood can start to deteriorate. In winter, when the humidity in the house is on the low side, it will shrink slightly. This disappears again when the humidity increases. An air humidity between 50 and 65% is ideal. We do not guarantee any damage/warping of the wood. 

Wood will not work very well if the humidity in the room remains relatively constant. The level of humidity is important for the effectiveness of the wooden parts that make up your furniture. 

You should take into account that the humidity can become extremely low during the heating season, resulting in shrinkage of the wooden parts, which can cause the wood to deteriorate. In that case, a humidifier in combination with a hygrometer can provide a sufficient solution. 

An almost constant humidity of approximately 55%, with a decrease of 10% in winter and an increase of 10% in summer, is a healthy living environment for your tables. 

GEGRONDE KLACHTEN: 

A complaint is justified if it is not caused by: 

– unreasonable use 

– use for commercial purposes 

– incorrect storage or maintenance by the buyer or by third parties 

– through professional use 

– working with wood 

– warping of wood 

– bugs in the lamp that do not cause any further damage to the lamp 

Normal wear and tear is also not covered by this warranty. The customer is obliged to behave as a good customer, which means, for example, that the item is properly and adequately maintained and handled judiciously. 

In the event of incorrect use, visible contamination, moisture problems or damage, the warranty claims will lapse. 

Complaints about products must be reported immediately after discovery. 

Deviations from the delivered product regarding color, wear resistance, structure and the like, which are acceptable from a technical point of view according to applicable, customary standards or trade practice, may limit or exclude the right to warranty and/or compensation. 

THE PRODUCTION WARRANTY IS STANDARD 1 YEAR 

This warranty only applies to damage or defects caused by material or manufacturing errors. 

Without prejudice to the provisions of Article 6, if and insofar as it accepts a complaint pursuant to this Article, Boomstamverlichting will, at its sole discretion, repair the defect, replace the defective product, take back the product and credit the client for the price of the product in question without this the client can also make any claim for compensation.  

9. Force majeur
10. During force majeure, Boomstamverlichting delivery and other obligations are suspended. If the period of force majeure during which fulfillment of the obligations by Boomstamverlichting is not possible lasts longer than 4 months, both parties are entitled to terminate the agreement without judicial intervention, without there being any obligation to pay compensation in that case.
11. If, when the force majeure occurs, Boomstamverlichting has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the deliverable part and the other party is obliged to pay this invoice as if it concerned a separate contract. 
12. Liability
13. Any liability for the soundness of architectural structures as well as for any resulting damage is excluded unless the client proves that the damage occurred as a direct result of intent or gross negligence.
14. Boomstamverlichting is only liable for direct or indirect damage as a direct result of errors made by Boomstamverlichting or its staff in the execution of the work, if and insofar as these errors are due to intent or gross negligence.
15. In all cases, Boomstamverlichting liability is limited to the amount paid to Boomstamverlichting under the liability insurance for the situation, plus the amount of the deductible that applies under the insurance policy. If Boomstamverlichting insurer, for whatever reason, does not pay insurance benefits or if the relevant liability insurance does not provide coverage, Boomstamverlichting liability will in any case be limited to the amount of the net price agreed by the parties in the relevant agreement, or – if partial deliveries were agreed in the agreement – ​​in that part of the agreement to which the damage-causing events are most closely related. Under no circumstances will Boomstamverlichting liability exceed €500 per event or per series of events with the same cause.
16. Boomstamverlichting liability for indirect damage, including consequential damage, lost profits, missed savings, loss of data and damage due to business stagnation and idle time, is at all times excluded.
17. Any legal claim for damages against Boomstamverlichting shall be barred by the mere expiration of one year after the event giving rise to the claim. The client must report such an event in writing to Boomstamverlichting immediately after discovery, failing which any right of action of the client will lapse.
18. If the goods have not been produced by Boomstamverlichting, any liability of Boomstamverlichting towards the client is in all cases limited to the amount for which the supplier of Boomstamverlichting will be liable to Boomstamverlichting.
19. Boomstamverlichting makes every effort to deliver the products to the client within the delivery time agreed between the parties. Any liability of Boomstamverlichting for exceeding the delivery time is excluded, except in the case of intent or deliberate recklessness on the part of Boomstamverlichting.
20. The Client is obliged to indemnify Boomstamverlichting against claims from third parties related to the performance of the agreed work, including retaliation from insurance companies. 
21. Governing Law and Choice of Forum
22. All agreements to which these conditions apply in whole or in part are governed by Dutch law. 

All disputes between Boomstamverlichting and the client will be adjudicated by the competent court in the Netherlands, without prejudice to Boomstamverlichting right to summon the client before the competent court of his place of residence.