General terms and conditions

Article 1 - Definitions
1. Techweise B.V, established at Stationsplein 45, 3013 AK in Rotterdam with KvK number 92156894, is referred to in these general conditions as vendor.
2. The other party of seller shall be referred to in these general terms and conditions as buyer.
3. The parties are seller and buyer together.
4. Agreement means the purchase agreement between the parties.

Article 2 - Applicability of general terms and conditions
1. These conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
2. Deviation from these conditions is only possible if expressly agreed in writing by the parties.
3. When placing an order, the buyer agrees to the terms and conditions.

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Article 3 - Payment
1. The full purchase price is always paid immediately in the webshop. For reservations, a down payment is expected in some cases. In this case, the buyer will receive proof of the reservation and the advance payment.
2. If buyer does not pay on time, he is in default. If buyer remains in default, seller is entitled to suspend the obligations until buyer has fulfilled his payment obligation.
3. If buyer remains in default, seller will proceed to collection. The costs related to such collection shall be borne by the buyer. These collection costs will be calculated according to the Decree on compensation for extrajudicial collection costs.
4. In case of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the claims of the seller on the buyer shall be immediately due and payable.
5. If the buyer refuses to cooperate in the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

Article 4 - Offers, quotations and price
1. Offers are without obligation unless the offer specifies a deadline for acceptance. If the offer is not accepted within that stated period, the offer expires.
2. Delivery times in offers are indicative and do not entitle the buyer to rescission or compensation if exceeded unless the parties have agreed otherwise in writing.
3. Techweise reserves the right to adjust prices at any time. Purchase amounts will not be refunded upon receipt of payment on the grounds that the item is currently priced cheaper.

Article 5 - Right of Withdrawal
1. After receiving the order, the consumer is entitled to dissolve the agreement within 14 days without giving reasons (right of withdrawal). The period starts to run from the moment the (entire) order is received by the consumer.
2. The consumer has 14 days to cancel the order and notify the return. Thereafter, the consumer has 14 days to return the product.
3. After receiving the return, Techweise B.Vhas B.V. 14 days to refund the order amount (standard including shipping costs).
4. There is no right of withdrawal when the products are custom made to his specifications or have only a short shelf life.
5. The consumer may use a seller's withdrawal form. Seller is obliged to make this available to buyer immediately after buyer's request.
6. During the withdrawal period, the consumer will handle the product and its packaging with care. He shall 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 unused and undamaged product with all delivered accessories and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 6 - Amendments to the Agreement
1. If during the execution of the agreement it appears that for a proper execution of the assignment it is necessary to change or supplement the work to be done, the parties shall timely and by mutual agreement adjust the agreement accordingly.
2. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected as a result. Seller shall inform buyer of this as soon as possible.
3. If the amendment or supplement to the agreement has financial and/or qualitative consequences, the seller shall inform the buyer of this in advance in writing.
4. If the parties have agreed on a fixed price, the seller shall also indicate to what extent the amendment or supplement to the agreement will result in an excess of this price.
5. Notwithstanding the provisions of the third paragraph of this article, the seller cannot charge additional costs if the amendment or supplement is the result of circumstances that can be attributed to him.

Article 7 - Completion and transfer of risk
1. Once the purchased item is received by the buyer, the risk passes from the seller to the buyer.

Article 8 - Examination and complaints
1. The buyer is obliged to examine the delivered goods, or have them examined, at the time of delivery or transfer, but in any case within as short a period as possible. In doing so the buyer should examine whether the quality and quantity of the delivered goods correspond with what the parties have agreed upon, or at least whether the quality and quantity meet the requirements that apply to them in normal (commercial) traffic. Complaints relating to damage, shortages or loss of delivered goods must be submitted to vendor in writing within 10 working days after the day of delivery of the goods by purchaser.
3. If the complaint is upheld within the specified period, seller has the right to either repair, redeliver, or abandon delivery and send buyer a credit note for that part of the purchase price.
4. Minor and/or industry-standard deviations and differences in quality, number, size or finish cannot be held against the seller.
5. Complaints regarding a certain product do not affect other products or parts belonging to the same agreement.
6. No complaints will be accepted after the goods have been processed at the buyer's premises.

Article 9 - Samples and Models
1. If a sample or model has been shown or provided to the purchaser, it is presumed to have been provided only as an indication without the item to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered does correspond to it.
2. In contracts relating to immovable property, mention of the surface area or other dimensions and indications shall also be presumed to be intended only as an indication, without the property to be delivered having to correspond thereto.

Article 10 - Delivery
1. Delivery is made "ex factory/shop/warehouse. This means that all costs are for the buyer.
2. The buyer is obliged to take delivery of the goods at the moment that the seller delivers them or has them delivered to him, or at the moment when these goods are made available to him according to the agreement.
3. If the buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the seller is entitled to store the goods at the buyer's expense and risk.
4. If the goods are delivered, vendor is entitled to charge any delivery costs.
5. If vendor needs data from purchaser for the execution of the agreement, the delivery time starts after purchaser has made these data available to vendor.
6. A delivery period stated by the seller is indicative. It is never a deadline. If the term is exceeded, the buyer must give the seller written notice of default.
7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or the partial delivery has no independent value. The seller is entitled to invoice these parts separately in the event of delivery in parts.

Article 11 - Force Majeure
1. If seller cannot, does not timely or not properly fulfill its obligations under the agreement due to force majeure, it is not liable for damages suffered by buyer.
2. By force majeure the parties mean in any case any circumstance which the seller could not take into account at the time the agreement was entered into and as a result of which the normal performance of the agreement cannot reasonably be required by the buyer, such as illness, war or threat of war, civil war and riots, acts of war, sabotage, terrorism, energy failure, flooding, earthquake, fire, occupation of premises, strikes, lock-outs, altered government measures, transport difficulties, and other disruptions to the seller's business.
3. Furthermore, the parties shall mean by force majeure the circumstance that supplying companies on which vendor depends for the execution of the agreement, fail to fulfill the contractual obligations to vendor, unless such failure is attributable to vendor.
4. If a situation as referred to above arises as a result of which Seller cannot fulfill its obligations to Buyer, those obligations shall be suspended for as long as Seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties shall be entitled to dissolve the agreement in whole or in part in writing.
5. If the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Article 12 - Transfer of Rights
1. Rights of a party under this Agreement cannot be assigned without the prior written consent of the other party. This provision counts as a clause with property law effect as referred to in article 3:83, second paragraph, Civil Code.

Article 13 - Retention of title and lien
1. The items present at seller and delivered items and parts remain the property of seller until buyer has paid the entire agreed price. Until then, vendor may invoke its retention of title and repossess the items.
2. If the agreed amounts to be paid in advance are not paid or not paid on time, vendor has the right to suspend the work until the agreed part is still paid. There is then a creditor default. Delayed delivery cannot be held against the seller in that case.
3. Seller is not authorized to pledge or otherwise encumber the goods subject to its retention of title.
4. The seller undertakes to insure and keep insured the goods delivered to the buyer under retention of title against fire, explosion and water damage as well as against theft and to make the policy available for inspection on first request.
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid as agreed, the seller has the right of retention. The item will then not be delivered until the buyer has paid in full and in accordance with the agreement.
6. In case of liquidation, insolvency or suspension of payment of buyer, buyer's obligations are immediately due and payable.

Article 14 - Liability
1. Seller shall not be liable for any direct or indirect damages arising from the use of the products it supplies, unless there is intent or conscious recklessness on the part of Seller or its managerial subordinates.
2. All products must be used by the buyer in accordance with the instructions for use and with due regard for the nature of the product. Improper or injudicious use shall be entirely at buyer's risk.
3. In particular, it is the buyer's responsibility to check in advance whether steam cleaning is suitable for his or her furniture or surfaces. Seller makes no guarantee that steam cleaning is safe for every material or piece of furniture.
4. If buyer is in doubt about the suitability of steam cleaning, he or she should always consult the furniture manufacturer or a Techweise specialist.
5. Seller assumes no liability for discoloration, damage, deformation or any other consequential damage to furniture, floors or other surfaces resulting from the use of steam cleaners or other products.
6. Any liability of vendor shall in all cases be limited to the amount paid by vendor's liability insurance in the case in question, plus the excess under the policy.

Article 15 - Obligation to complain
1. Buyer is obliged to immediately report complaints about the work performed to Seller. The complaint shall contain as detailed a description of the shortcoming as possible, so that vendor is able to respond adequately. The customer should make the complaint known by sending an e-mail to info@techweise.com . If this does not lead to a solution, it is possible for the customer to report the dispute for mediation via Stichting WebwinkelKeur via https://www.webwinkelkeur.nl/knowledge base/consumers/dispute.
2. From February 15, 2016, it will also be possible for consumers in the EU to file complaints through the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already pending elsewhere then you are free to file your complaint through the European Union platform.
3. If a complaint is justified, the seller is obliged to repair and possibly replace the good.

Article 16 - Guarantees
1. If guarantees are included in the agreement, the following shall apply. Seller warrants that the sold item complies with the agreement, that it will function without defects and that it is suitable for the use that Buyer intends to make of it. This warranty applies for a period of two calendar years after receipt of the sold by buyer.
2. The guarantee referred to is intended to create an allocation of risks between the seller and the buyer such that the consequences of a breach of guarantee are always entirely for the account and at the risk of the seller and that the seller can never invoke Article 6:75 of the Dutch Civil Code with regard to a breach of guarantee. The provisions of the previous sentence also apply if the Buyer was aware or could have been aware of the breach by conducting an investigation.
3. The mentioned guarantee does not apply when the defect has arisen as a result of injudicious or improper use or when - without permission - buyer or third parties have made changes or tried to make changes or have used the purchased item for purposes for which it is not intended.
4. If the guarantee provided by the seller relates to a good produced by a third party, the guarantee is limited to the guarantee provided by that producer.

Article 17 - Intellectual Property
1. Techweise B.V. retains all intellectual property rights (including copyright, patent rights, trademark rights, drawing and model rights, etc.) in all products, designs, drawings, writings, carriers containing data or other information, quotations, illustrations, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
2. The customer may not copy, show and/or make available to third parties or otherwise use the said intellectual property rights without the prior written consent of Techweise B.V.

Article 18 - Amendment of general terms and conditions
1. TechweiseB.V. is entitled to amend or supplement these general terms and conditions.
2. Amendments of minor importance may be made at any time.
3. Major substantive changes will TechweiseB.V. discuss with the customer in advance whenever possible.
4. Consumers are entitled to terminate the contract in the event of a material change to the general terms and conditions.

Article 19 - Applicable law and competent court
1. Each agreement between the parties is exclusively governed by Dutch law.
2. The Dutch court in the district where TechweiseB.V. is located has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law imperatively requires otherwise.
3. The applicability of the Vienna Sales Convention is excluded.
4. If in legal proceedings one or more provisions of these general conditions are held to be unreasonably onerous, the remaining provisions shall remain in full force.