Table of contents Article 1 - Definitions Article 2 - Scope of applicability Article 3 - Offers and Conclusion of Contracts Article 4 - Prices Article 5 - Payment Article 6 - Delivery and Terms of Delivery Article 7 - Guarantee, Right of Complaint and Liability Article 8 - Force majeure Article 9 - Intellectual property Article 10 - Privacy statement Article 11 - Applicable law and Jurisdiction Article 12 - Contact and miscellaneous
1 Definitions General conditions means the present general conditions of NID. NID means Nordic Interior Design, Leiden gevestigd te (2318BZ) Leiden de Flevoweg 11 M, Web site means the web site of NID: www.shopfinland.nl.
Purchaser means any natural or legal person or joint venture without legal personality who concludes a contract with NID for the sale of goods or the provision of services.
Products means all articles and/or services provided by NID to the Purchaser by virtue of the Contract.
Contract means the contract concluded at a distance between NID and the Purchaser. 2 Scope of applicability 2.1 The present General Conditions apply to all offers and Contracts of NID, to the exclusion of all purchase conditions or other general conditions of the Purchaser.
2.2 Any additional terms and conditions of NID shall apply to certain products as expressly stipulated herein. In the event of any conflict between the additional terms and conditions and the General Conditions, the provisions of the additional terms and conditions shall take precedence over the General Conditions, unless stated otherwise.
2.3 Any deviations from the present General Conditions shall only be valid provided they have been explicitly agreed upon in writing.
2.4 NID reserves the right to modify or supplement the General Conditions from time to time.
2.5 NID has the right to subcontract the performance of the Contract to third parties. 3 Offers and Conclusion of Contracts 3.1 The Contract shall be concluded after an order of confirmation has been sent by NID to the e-mail address of the Purchaser.
3.2 Offers shall only be valid as long as they are presented on the web site and as long as stocks last.
3.3 All orders of the potential Purchaser as set forth in Article 2.1 shall be deemed to be an offer to purchase when the Purchaser has indicated which Product he wishes to receive and has entered the details on the input screen of the web site (hereinafter: “the Order form”) and the completed Order form has been received by NID.
3.4 Although NID has made every effort to accurately present or provide the information (visual, written, verbal or other) with regard to (the major characteristics of) the Products, NID does not warrant that the Products fully correspond to the information. Any discrepancies shall not give rise to any compensation and/or cancellation of the Contract. 4 Prices 4.1 All prices are expressed in Euros in accordance with the applicable legal regulations and include VAT and any legal contributions such as environmental contributions or waste disposal fees.
4.2 Special offers are only valid during the indicated period.
4.3 The purchaser shall pay the price communicated by NID in the email message as set forth in Article 3.1. NID has the right to rectify any apparent (writing) errors such as obvious inaccuracies after the Contract has been concluded.
4.3 The shipping costs are not included in the price. The amount of the shipping costs for each order is presented on the web site. The shipping costs shall be borne by the Purchaser.
4.4 Price increases are not authorised within three (3) months after the conclusion of the Contract, except in the following cases: • the price increase is imposed by legal regulations or provisions; or • the Purchaser is entitled to terminate the contract on the date on which the price increase takes effect. 5 Payment 5.1 All orders shall be prepaid by the Purchaser. Prior to the required prepayment, the Purchaser shall not assert any right to the performance of the Contract by NID. The payment methods are presented on the web site. Different conditions may apply to the delivery and the associated costs depending on the choice of payment method. This will be clearly communicated on the web site. 6 Delivery and Terms of Delivery 6.1 NID shall exercise due care and diligence in the performance of the Contract.
6.2 The date of delivery specified by NID is only an estimate and shall never be a firm deadline.
6.3 Delivery delays do not entitle the Purchaser to any compensation and do not grant the Purchaser the right to cancel the order or annul the Contract.
6.4 If a product ordered by the Purchaser is temporarily out of stock, NID shall advise the Purchaser when it will become available. The Purchaser shall be informed of any delays by email, in writing or by phone.
6.5 All deliveries shall be effected to the delivery address supplied by the Purchaser when placing the order.
6.6 The risk of loss, damage or theft shall pass to the Purchaser upon delivery of the products at the agreed delivery address. In the event of a failed attempt to deliver the products at the delivery address provided by the Purchaser or at the post office or the neighbours of the Purchaser (if explicitly stated by the Purchaser prior to delivery), the risk of loss, damage or theft shall pass to the Purchaser on the date that NID unsuccessfully tried to deliver the products to the agreed delivery address or the post office or the neighbours of the Purchaser.
6.7 Different terms and conditions may apply to deliveries abroad.
6.8 NID shall determine the packaging and delivery method and the choice of packaging material. Empty packaging will not be taken back by NID, save where otherwise agreed in writing. 7 Guarantee, Right of Complaint and Liability 7.1 NID warrants that the Products conform to the specifications on the web site and to reasonable quality and/or usefulness requirements and do not infringe upon the current government regulations. Without prejudice to the statutory rights of the Purchaser, all other guarantees are explicitly excluded.
7.2 If a Product does not conform to the Contract, the Purchaser shall notify NID thereof within two (2) months after the discovery, under penalty of forfeiting his rights.
7.3 NID shall not repair or replace a Product in the event of normal wear and tear and in the following cases: • if the Product has been modified including repairs which were carried out without the consent of NID or the manufacturer; • if the defects are caused by the use of the product for other purposes than the purpose intended or by improper use; or • if the damage to the Product has been caused by wrongful intent, gross negligence or improper care or maintenance on the part of the Purchaser.
7.4 NID shall never be liable to pay compensation to the Purchaser or any third parties. If NID, whichever the reason, shall be liable to pay compensation, the amount thereof shall never exceed the amount of the invoice value of the Product which caused the damage. NID does not assume any responsibility for any indirect damages, loss of profits, loss of earnings, reduced goodwill, business interruption, damages arising from claims by customers of the Purchaser, mutilation or loss of data.
7.5 Food products sale is final and no return is accepted. It is within the customer decision to choose the delivery method appropriate for food products. The Service
7.6 The limitations set forth in Article 7.4 do not apply if the damages arise from the wrongful intent or gross negligence on the part of NID.
7.7 NID shall be liable in the event of any non-performance of the obligations of a Contract, if the Purchaser has forthwith notified NID in good and due form, and has granted NID a reasonable term to remedy the default, and NID fails to remedy said default. The notice of default shall specify the nature of the default in order to allow NID to take the necessary action.
7.8 NID is not liable for any errors, inaccuracies, misconceptions, delays or omissions in the transmission of orders and notices caused by the use of the Internet or any other (electronic) means of communication during the traffic between the Purchaser and NID or for the consequences of the use of such information. NID declines all responsibility for any advice or answers provided to questions, save in the event of wrongful intent or gross negligence. 8 Force majeure 8.1 In the event of force majeure, NID shall be relieved of its obligations towards the Purchaser.
8.2 The term force majeure shall mean: any event beyond the control of NID which prevents the fulfillment of its obligations towards the Purchaser, either in part or in whole. Force majeure includes strikes, fire, business interruption, power failures, non-delivery or late delivery by suppliers or other contracted third parties and the absence of any license to be issued by the government. Force majeure also includes disruptions of a (telecommunication) network or connection of the used communication system and/or the unavailability of the web site at any time. 9 Intellectual property 9.1 The Purchaser expressly recognizes that all the intellectual property rights of the information, notices and other statements related to the Products and the web site are vested in NID, its suppliers or other proprietors.
9.2 The Purchaser shall not use (or modify) the intellectual property rights as set- forth in the present article, such as duplication, without the express prior written consent of NID, its suppliers or other proprietors, except for his/her personal use. The Purchaser shall not remove or modify any reference to the copyright, trademarks, trade names or other intellectual property rights in the information, notices or statements set forth in Article 9.1 related to the Products or the web site.
9.3 NID declares to the best of its knowledge that the Products sold to the Purchaser do not infringe upon any intellectual property rights of third parties in the Netherlands. NID shall indemnify the Purchaser against any action of third parties based on the claim that the Products sold by NID infringe intellectual property rights of third parties, provided that the Purchaser forthwith notifies NID of any infringement action and the content thereof, and shall allow NID to assume the sole control and defence of any action or amicable settlement. If an action is brought against NID by reason of an infringement of such rights or the likely occurrence thereof, NID shall have the right, at its sole option to either replace or modify the Product, or procure the right to continue using the Product, or terminate the Contract, either in whole or in part, and reimburse the purchase sum to the Purchaser, less a reasonable allowance for depreciation.
10.2 NID takes every precaution to ensure that your information remains secure and protected. When the Purchaser visits the web site and/or places an order, NID collects different information in order to be able to provide an optimal service to the Purchaser.
10.3 In regards to the personal details of the Purchaser, NID applies a level of precautionary measures fitting the nature of data to be protected.
10.4 NID uses a level of protection for the data of the Purchaser which corresponds to the nature of the data to be protected.
10.5 NID shall not use the data for any promotional activities, unless the Purchaser has expressly authorized NID thereto, or disclose the data to third parties save where forced by legal regulations and if the Purchaser has chosen to buy the goods on credit. In the latter case, third parties will carry out a credit check.
10.6 The Purchaser has the right to ask NID which data of the Purchaser have been processed. The Purchaser is also entitled to view and modify his data. If the Purchaser would like NID to delete his data from the database, he should notify NID accordingly in writing. The modifications are carried out within 4 weeks and processed when technically feasible.
10.7 If the Purchaser informs NID that he/she does not wish to receive any direct commercial messages by post, telephone, e-mail, SMS and other means of communications, NID shall respect his/her wishes.
11 Applicable law and Jurisdiction 11.1 All offers and agreements shall be governed by Dutch law.
11.2 The Vienna Convention on Contracts for the International Sale of Goods shall not apply.
11.3 All disputes connected with or arising from any offers of NID or contracts concluded with NID shall be referred to the competent court in The Hague, unless the law expressly designates another competent court.
12 Contact and miscellaneous 12.1 Please address all correspondence concerning a Contract or the present General Conditions to Nordic Interior DesignRotterdam, Aleidisstraat 18 C, Postcode 3021 SK, Rotterdam, or to the e-mail address: [email protected]
12.2 Any questions or complaints about the delivery and the quality of the Products presented on the web site shall be sent to [email protected]. NID shall make every effort to deal with any complaints to the satisfaction of the Purchaser as soon as possible and shall inform the Purchaser hereof by telephone, e-mail or otherwise in writing.
12.3 NID can be reached by telephone (telephone number: +31 (0)10-4366164) or by e-mail ([email protected]). NID endeavors to reply to all e-mail messages within 48 hours on working days.
12.4 The General Conditions can be consulted on the web site: www.shopfinland.nl.