General terms and conditions

of the private limited liability company MEUBELFABRIEK DE VALK B.V. with its registered office in Sneek.
These General Terms and Conditions have been filed with the District Court of North Netherlands, Leeuwarden location, under deed number 2018-37 dated 3 July 2018.

Article 1 - Applicability

  1. These general terms and conditions apply to all offers and all agreements relating to the sale and delivery of products and services by Meubelfabriek De Valk to a (potential) buyer, hereinafter referred to as: the 'customer'.
  2. Deviations from and/or additions to these general terms and conditions are only binding upon written confirmation by Meubelfabriek De Valk. The applicability of other terms and conditions is expressly excluded.

Article 2 - Quotation

  1. Each quotation is non-binding and contains a complete and accurate description of the products and/or services offered.
  2. All quotations are based on data provided by the customer. Small differences in execution are permissible. No rights may be derived from illustrations.
  3. Obvious mistakes or inaccuracies in the offer do not bind Meubelfabriek De Valk.

Article 3 - Agreement

  1. The agreement is concluded as soon as the acceptance of the offer has reached Meubelfabriek De Valk.
  2. In case of divergent acceptance, an agreement will only come into being after express written consent.
  3. Meubelfabriek De Valk will send an order confirmation, failing which the invoice will serve as confirmation.
  4. Inaccuracies in the order confirmation must be reported within 24 hours.
  5. In case of contradictions to these terms and conditions, the order confirmation shall prevail.

Article 4 - Prices and payments

  1. Prices do not include VAT.
  2. Transport within NL is included from € 1,500.
  3. If cost price increases by >10%, De Valk may increase price or dissolve the customer.
  4. Down payment may be required.
  5. Payment period is 14 days.
  6. Late payment will attract 1.5% interest per month and possible rescission + damages (min. 25%).
  7. Recovery costs for non-payment are 15% of the invoice amount (min. €115).

Article 5 - Delivery

  1. Delivery times are indicative, not deadlines.
  2. Delivery to customer's specified address.
  3. For delivery on demand: within 3 months unless otherwise agreed.
  4. In case of refusal, delivery is deemed to have taken place, costs are for customer.
  5. De Valk may make partial deliveries.

Article 6 - Transfer of risk, inspection and retention of title

  1. From delivery onwards, customer bears risk, also in case of retention of title.
  2. Duty to check immediately after delivery, duty to report deviations within 24 hours.
  3. If anomalies are found to be justified: replacement or repair without liability for damages.
  4. Retention of title applies until full payment.

Article 7 - Defects, complaint period and guarantee

  1. 2-year warranty against manufacturing and material defects.
  2. Report complaints within 8 days of discovery.
  3. Exceptions: wear and tear, damage due to misuse, unauthorised modifications.
  4. Repair/replacement or refund at De Valk's discretion, no additional compensation.
  5. Keep product available for inspection.
  6. Upon replacement, defective product becomes the property of De Valk.
  7. No guarantee on outstanding payments.
  8. Complaint does not suspend payment obligation.

Article 8 - Liability

  1. Limited to what is stipulated in clause 7, max to net invoice value.
  2. Customer indemnifies De Valk when using its own designs/data.
  3. Indemnity for third-party damage claims.
  4. If no exoneration applies: max insurance payment.

Article 9 - Dissolution and cancellation

  1. De Valk may dissolve agreement in cases of, inter alia, breach of contract, bankruptcy, moratorium.
  2. In such cases, claims are due immediately.

Article 10 - Force majeure

  1. Among others, war, natural disaster, strike, fire, government measures.
  2. In case of force majeure, execution may be suspended.
  3. After 3 months, either party may dissolve without compensation.

Article 11 - Intellectual property

  1. All rights remain with De Valk.
  2. Use without written permission prohibited.

Article 12 - Privacy and processing of personal data

  1. Processing for contract performance, customer contact and marketing.
  2. Appropriate security is applied.
  3. Customer consents to processing, may withdraw unless execution then becomes impossible.

Article 13 - Applicable law and disputes

  1. Dutch law applies.
  2. Competent court is court in Leeuwarden.