Terms of delivery Mister Chesterfield
1.1 These general terms and conditions apply to all offers, quotations, orders and agreements in which Mister Chesterfield acts as a party. Deviations from these general terms and conditions are only binding insofar as agreed in writing.
1.2 Any general terms and conditions that are applied by the other party are only binding for us if and insofar as we have agreed to this in writing.
Article 2: Offers
2.1 All Mister Chesterfield offers are without obligation, unless otherwise agreed in writing.
2.2 All offers / quotations / quotations made by us are valid for 10 working days, unless otherwise agreed.
2.3 Offers from stock always take place subject to interim sales.
2.4 All our offers / quotations are without obligation and are made subject to availability of the product. If a product is not available, you will be informed and possibly offered an alternative.
Article 3: Agreements
3.1 Agreements only bind us when they have been confirmed in writing.
3.2 Agreements or changes made later will not be binding on us until they have been confirmed by us in writing.
3.3 If a counterparty wishes to cancel an agreement, we have the right at our discretion to oblige the other party to fulfill its obligations or to cancel the agreement whereby the amount of compensation will be 30% of the total value of the agreement.
Article 4: Prices
4.1 Our prices are based on cost-determining factors at the time of the offer. We are entitled to adjust these prices, even after the conclusion of the agreement, to any changes in these cost-determining factors, if these changes were already foreseen at the conclusion of the agreement.
Article 5: Delivery / storage
5.1 Delivery times stated by us are without obligation. Exceeding these times gives the other party no right to compensation, suspension or dissolution of the agreement.
5.2 We are entitled to deliver an order in whole or in parts. In the latter case we are entitled to demand payment by partial delivery.
5.3 Delivery takes place on the agreed time and date. If the other party is not present at this time, any additional costs for this other party will be covered.
5.4 If an agreed storage period of purchased items has passed without the purchased items having been fully paid and delivered, the other party will owe a custody fee of € 20.00 per day, unless agreed otherwise.
Article 6: Transport / delivery
6.1 Unless agreed otherwise, the transport costs will be charged to the other party. Transports are delivered to the paved road at the delivery address in the Netherlands. For deliveries on the Dutch islands, we reserve the right to charge an additional surcharge. For delivery outside the Netherlands, we will always issue a personal written quotation.
6.2 When furnishing furniture at home, the furniture is placed at the desired location, assuming that we can access it at normal location, and assume that this location is on the ground floor. If it is not possible to get to that location via normal access and requires external (tools), these costs are entirely for the client. If a delivery can not take place because normal access is not possible and we have to offer the furniture again, we will charge delivery costs.
Article 7: Reservation of ownership
7.1 As long as no full payment has been made of the amount we can not claim from the other party for whatever reason, the delivered goods remain our property, however at the expense and risk of the other party.
7.2 If the other party alienates goods delivered by us, it will now transfer the rights it has or will acquire vis-à-vis its own customers, with all rights and certainties attached thereto.
7.3 We are entitled to take back the delivered unpaid items if the other party is in default, has applied for a moratorium or is in a state of bankruptcy. We are entitled to enter the premises and grounds of the other party in order to take back our goods in that case. The costs of taking back will be borne by the other party.
Article 8: Advertising
8.1 Complaints, including all grievances due to the quality of the goods delivered and other defects in the performance of the agreement, must be submitted in writing to us at the latest 8 days after delivery of the goods, failing which the other party shall be deemed to have delivered the goods. have accepted in sound and good condition.
8.2 Complaints can only be processed if the goods are located
in the condition in which they were delivered. In case of doubt, the other party will have to prove that this is the case.
8.3 If an advertisement is found to be well-founded, we can, at our discretion, repair or replace the goods to which the complaint relates, with the exclusion of any other right to compensation.
8.4 Complaints about delivered goods or invoices do not give the other party the right to suspend payment. Compensation is expressly excluded.
Article 9: Warranty
9.1 The newly delivered seating furniture is guaranteed with a 10-year guarantee (120 months) on the wooden frame and two years (24 months) on the upholstery materials (suspension and filling) after purchase date invoice. 9.2 Our guarantee obligations shall lapse immediately if the other party performs repairs or changes without our prior permission, or if the other party does not fulfill its obligations under the agreement or the items have not been used improperly according to their purpose or the goods are not used. correctly prepared, treated or maintained with the maintenance materials prescribed by us.
Article 10: Force majeure
10.1 Force majeure should be understood, including any circumstance beyond our fault: strikes, excessive absenteeism of our staff, transport problems, fire, government measures including import and export restrictions, business failures at our or our suppliers and attributable shortcomings of our suppliers or subcontractors, as a result of which we can not fulfill our obligations.
10.2 In case of force majeure, we are entitled to suspend the execution of the agreement or to dissolve the agreement, without the other party being able to claim compensation for his damage.
Article 11: Liability
11.1 Without prejudice to our obligation under the law, we are not liable for any damage, direct or indirect, which is the result of the incorrect use or unsuitability of goods delivered or services provided by us.
11.2 Without prejudice to the provisions of article 11.1, our liability for damage is always limited to a maximum of the amount equal to the net invoice value of the goods or services concerned.
Article 12: Payment
12.1 Unless otherwise agreed in writing, our invoices must be paid in advance by means of bank transfer or cash on delivery without discount or compensation, if the period of time is exceeded by the other party by operation of law and without further notice of default being required, to be. If the other party applies for suspension of payments or if his bankruptcy has been applied for or pronounced, all our claims will become due and payable at once.
12.2 If no payment has been received within the agreed payment term, all costs that we incur in order to collect what is due to us shall be at the expense of the other party, including the full costs of legal assistance in court. The other party owes amount to extrajudicial collection costs.
12.3 Down payments are safe because of our CBW membership. In the event of a bankruptcy you can pay your deposit to another supplier.
Article 13 Return policy
13.1 You have 14 days reflection period on all our purchased items, with the exception of the furniture that has been specially put together or adapted for you.
Within this period you have the time to return the purchase to us, unless it has been agreed that the purchase will be picked up by us.
The furniture that is returned is not used and undamaged and must be returned in a clean dry packaging as far as possible.
If a product is used, contaminated or damaged, an impairment may be charged. We always ask you to contact us first.
The costs of a return shipment will always be presented to you first.
Article 14: Applicable law / disputes
14.1 Only Dutch law will apply to all agreements between us and the other party.
14.2 All disputes between us and the other party will be settled by the competent judge in the district of ‘s-Gravenhage. We are entitled to bring a dispute to the competent court of the other party’s home or place of business.