Terms and conditions

Article 1 General

1. These conditions apply to every quotation and agreement between Meubelstudio RKNL and the buyer to which Meubelstudio RKNL has declared these conditions applicable.

2. These terms and conditions also apply to agreements with Meubelstudio RKNL, for the execution of which third parties must be involved.

3. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.

4. By placing an order, the buyer accepts the current general terms and conditions of sale and delivery as binding and expressly waives all conditions stipulated or proposed by him/her.

Article 2 Quotations

1. All quotations are without obligation and are made in some written form, unless Meubelstudio RKNL decides not to make a written offer for practical, urgent or other reasons.

2. Meubelstudio RKNL is only bound by quotations if the acceptance thereof by the buyer, preferably in writing, takes place within 30 days. The prices stated in a quotation are in euros, excluding delivery costs and including VAT, unless otherwise indicated.

3. Meubelstudio RKNL cannot be held to its quotations if the buyer, according to terms of reasonableness and fairness and generally accepted views in society, should have understood that the offer or quotation or a part thereof contained an obvious mistake or error.

4. If the acceptance (on minor points) deviates from the offer included in the quotation, Meubelstudio RKNL is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless Meubelstudio RKNL indicates otherwise.

5. All specifications by Meubelstudio RKNL of sizes, colours and/or other indications, as well as designs and drawings are non-binding indications of the product to be delivered. Only if the buyer demonstrates that the delivered product deviates to such an extent that the buyer can no longer reasonably be obliged to accept it, does the buyer have the right to dissolve the agreement.

6. Quotations do not automatically apply to repeat orders.

Article 3 Conclusion of the agreement

1. The agreement is concluded by timely acceptance by the buyer of the offer from Meubelstudio RKNL.

Article 4 Delivery

1. Unless otherwise agreed, delivery will take place ex Meubelstudio RKNL.

2. The buyer is obliged to take delivery of the purchased items at the time they are made available to him or are handed over to him.

3. If the buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, the items intended for delivery will be stored at the buyer’s risk after Meubelstudio RKNL has notified him. In that case, the buyer will be liable for all additional costs.

4. When entering into the agreement, the buyer must determine whether the ordered product can be placed at the final destination. The inability to deliver the product due to passages that are too narrow (stairs, elevator, corridors, doors) does not release the buyer from the obligation to accept the product.

5. If Meubelstudio RKNL requires information from the buyer in the context of the execution of the agreement, the delivery time commences after the buyer has made this information available to Meubelstudio RKNL.

6. If Meubelstudio RKNL has specified a delivery period, this is indicative. A specified delivery time is therefore never a fatal term.

7. Products that are made to specification (custom work) cannot be returned. After signing the order confirmation, the transaction is final for custom work and the buyer owes the full amount, even if the buyer decides not to purchase the product.

Article 5 Warranty

1. Meubelstudio RKNL guarantees that the items to be delivered meet the usual requirements and standards that can be set for them and are free from any defects whatsoever.

2. The construction and finish of furniture are guaranteed for 24 months. This guarantee means that the furniture will not show more than normal wear and tear under normal use and the instructions for use and maintenance have been followed.

3. The warranty does not apply to discolouration due to the influence of light or heat; when a piece of furniture has been painted or treated itself; damage caused by impact, scratches, exposure to moisture, incorrect use, incorrect cleaning methods or (repair) work carried out without prior written permission from Meubelstudio RKNL.

4. A lacquered or oiled table top can wear out through normal use. This is not a reason for complaint. A lacquered table top can also get scratches through normal use. This damage to the surface and edges is not part of the guarantee as it is inherent to a lacquer finish.

5. Rotating parts (such as doors and flaps) are carefully adjusted by Meubelstudio RKNL upon delivery. Any deviation of doors and flaps after delivery is not covered by the warranty; advice regarding the adjustment of rotating parts or replacement in the event of defective hinges is, however, free of charge.

6. Meubelstudio RKNL will provide the buyer with an invoice that serves as proof with regard to the warranty.

7. If the items to be delivered do not meet these guarantees, Meubelstudio RKNL will replace the item or arrange for repair within a reasonable period of time after receipt, at the discretion of Meubelstudio RKNL.

8. If the delivered item does not correspond to what was agreed and this non-conformity is a defect within the meaning of the product liability regulations, Meubelstudio RKNL is not liable for any consequential damage resulting from this.

9. The buyer must carefully follow the instructions regarding maintenance and humidity. The relative humidity fluctuates strongly under the influence of, for example, weather, heating and insulation. It is the responsibility of the customer to keep the humidity in the room where the furniture is located between 50 and 70%, for example by means of a humidifier.

10. The provisions of these general terms and conditions regarding warranty do not affect the warranty claims of the buyer under the law, all taking into account the provisions of these general terms and conditions and the agreement, including the nature and quality of what has been sold and delivered to the buyer.

Article 6 Retention of title

1. Meubelstudio RKNL remains the full owner of the delivered item until the purchase price has been paid in full.

Article 7 Investigation, complaints

1. The buyer is obliged to examine the delivered goods at the time of delivery, but in any case within the shortest possible period. In doing so, the buyer must examine whether the quality and quantity of the delivered goods correspond with what was agreed, or at least meet the requirements that apply to them in normal (commercial) transactions.

2. Any visible defects must be reported to Meubelstudio RKNL in writing within three days of delivery, together with the warranty certificate and the defective item, unless this is impossible or unreasonably onerous.

3. The buyer must report a non-visible defect to Meubelstudio RKNL within eight days of discovery, but no later than within the warranty period, taking into account the provisions of the previous paragraph of this article. After the warranty period has expired, Meubelstudio RKNL is entitled to charge all costs for repair or replacement, including administration, shipping and call-out costs.

4. If a complaint is made in a timely manner in accordance with the previous paragraph, the buyer remains obliged to accept and pay for the purchased items. If the buyer wishes to return defective items, this must be done with the prior written consent of Meubelstudio RKNL and in the manner indicated by Meubelstudio RKNL.

Article 8 Transfer of Risk

1. The risk of loss or damage to the products that are the subject of the agreement shall pass to the buyer at the time when they are legally and/or actually delivered to the buyer and thus come into the power of the buyer or of a third party designated by the buyer.

Article 9 Payment

1. Unless otherwise agreed, payment must be made 1/3 upon order and 2/3 upon delivery, in a manner specified by Meubelstudio RKNL and in the currency in which the invoice was issued.

2. Objections to the amount of the invoices do not suspend the payment obligation.

3. After 14 days have elapsed after the invoice date, the buyer will be in default by operation of law; from the moment of default, the buyer will owe interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest will apply.

4. In the event of bankruptcy, suspension of payment or guardianship, the claims of Meubelstudio RKNL and the obligations of the buyer towards Meubelstudio RKNL are immediately due and payable.

Article 10 Suspension and termination

1. Meubelstudio RKNL is authorized to suspend the fulfillment of the obligations or to terminate the agreement if:

– the buyer does not or does not fully comply with the obligations under the agreement.

– circumstances that have come to the attention of Meubelstudio RKNL after the conclusion of the agreement give good reason to fear that the buyer will not fulfil the obligations. If there is good reason to fear that the buyer will only partially or not properly fulfil the obligations, the suspension is only permitted to the extent that the shortcoming justifies it.

– the buyer was requested to provide security for the fulfilment of his obligations under the agreement when concluding the agreement and this security is not provided or is insufficient.

2. Furthermore, Meubelstudio RKNL is authorized to terminate the agreement (or have it terminated) if circumstances arise which are of such a nature that compliance with the agreement is impossible or can no longer be reasonably expected, or if other circumstances arise which are of such a nature that continued existence of the agreement unchanged cannot reasonably be expected.

3. If the agreement is dissolved, Meubelstudio RKNL’s claims on the buyer are immediately due and payable. If Meubelstudio RKNL suspends compliance with its obligations, it retains its claims under the law and the agreement.

4. Meubelstudio RKNL always reserves the right to claim damages.

Article 11 Collection costs

1. If the buyer is in default or in breach of one or more of his obligations, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the buyer. If the buyer fails to pay a sum of money on time, he shall forfeit an immediately due fine of 15% of the amount still owed. This with a minimum of € 50.00.

2. If Meubelstudio RKNL demonstrates that it has incurred higher costs, which were reasonably necessary, these will also be eligible for reimbursement.

3. Any reasonable legal and enforcement costs incurred shall also be borne by the buyer.

4. The buyer owes interest on the collection costs incurred.

Article 12 Indemnities

1. The buyer indemnifies Meubelstudio RKNL against claims from third parties with regard to intellectual property rights on materials or data provided by the buyer, which are used in the execution of the agreement.

Article 13 Intellectual property and copyrights

1. Without prejudice to the other provisions of these general terms and conditions, Meubelstudio RKNL reserves the rights and powers to which Meubelstudio RKNL is entitled under the Copyright Act.

2. The buyer is not permitted to make changes to the goods, unless the nature of the goods delivered dictates otherwise or unless otherwise agreed in writing.

3. The designs, sketches, drawings and other materials or (electronic) files created by Meubelstudio RKNL within the framework of the agreement remain the property of Meubelstudio RKNL, regardless of whether they have been provided to the buyer or to third parties, unless otherwise agreed.

4. All documents provided by Meubelstudio RKNL, such as designs, sketches, drawings, (electronic) files, etc., are exclusively intended for use by the buyer and may not be reproduced, made public or brought to the attention of third parties by the buyer without the prior consent of Meubelstudio RKNL, unless the nature of the documents provided dictates otherwise.

5. Meubelstudio RKNL reserves the right to use the designs for other purposes, provided that no confidential information is disclosed to third parties.

Article 14 Liability

1. If items delivered by Meubelstudio RKNL are defective, Meubelstudio RKNL’s liability towards the buyer is limited to what is stipulated in these conditions under “Guarantees”.

2. If the manufacturer of a defective item is liable for consequential damage, the liability of Meubelstudio RKNL is limited to repair or replacement of the item, or reimbursement of the purchase price.

3. Notwithstanding the above, Meubelstudio RKNL shall not be liable if the damage is due to intent and/or gross negligence and/or culpable conduct, or to injudicious or improper use by the buyer.

4. The limitations of liability for direct damage included in these conditions do not apply if the damage is due to intent or gross negligence on the part of Meubelstudio RKNL or its subordinates.

Article 15 Force Majeure

1. The parties shall not be obliged to fulfil any obligation if they are prevented from doing so as a result of a circumstance that is not attributable to fault and for which they are not responsible under the law, a legal act or generally accepted views.

2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and case law, all external causes, foreseen or unforeseen, over which Meubelstudio RKNL has no influence, but which prevent Meubelstudio RKNL from fulfilling its obligations.

3. Meubelstudio RKNL also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Meubelstudio RKNL should have fulfilled its obligation.

4. Parties may suspend their obligations under the agreement for the duration of the force majeure. If this period lasts longer than two months, either party shall be entitled to terminate the agreement without any obligation to pay damages to the other party.

Article 16 Disputes and Applicable Law

1. The court in the place of establishment of Meubelstudio RKNL has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, Meubelstudio RKNL has the right to submit the dispute to the court that has jurisdiction according to the law.

2. The parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.

3. Dutch law applies to every agreement between Meubelstudio RKNL and the buyer. The Vienna Sales Convention is expressly excluded.

4. In the event of any interpretation of the content and scope of these general terms and conditions, the Dutch text shall always be decisive.