Terms and Conditions

General Terms and Conditions – Stichting Webshop Keurmerk

All prices are exclusive of VAT and ex works. The Metaalunie Conditions apply to all transactions.

METAALUNIE CONDITIONS for B2B

General delivery and payment conditions issued by the Koninklijke Metaalunie (Dutch organisation of entrepreneurs in SMEs in the metal sector) referred to as METAALUNIE CONDITIONS

formerly referred to as SMECOMA CONDITIONS, filed with the registry of the District Court of Rotterdam on 1 January 2008. Published by the Koninklijke Metaalunie, P.O. Box 2600, 3430 GA Nieuwegein. ©Koninklijke Metaalunie

Article 1: Applicability

1.1. These conditions apply to all offers made by members of the Koninklijke Metaalunie, to all agreements they conclude and to all agreements that may result therefrom.

1.2. The offeror/supplier is the Metaalunie member who uses these conditions. This party is referred to as the contractor. The other party is referred to as the client.

1.3. In the event of conflict between the contents of the agreement concluded between client and contractor and these general conditions, the provisions of the agreement shall prevail.

1.4. These conditions may be used exclusively by members of the Koninklijke Metaalunie.

Article 2: Offers

2.1. All offers are without obligation.

2.2. If the client provides the contractor with data, drawings, etc., the contractor may rely on their accuracy and will base his offer on them.

2.3. The prices stated in the offer are based on delivery ex works, in accordance with Incoterms 2000. Prices are exclusive of VAT and packaging.

2.4. If his offer is not accepted, the contractor has the right to charge the client for all costs he had to incur to make his offer.

Article 3: Intellectual property rights

3.1. Unless otherwise agreed in writing, the contractor retains the copyrights and all industrial property rights to the offers made by him, the designs, images, drawings, (trial) models, software, etc. supplied by him.

3.2. The rights to the data referred to in paragraph 1 remain the property of the contractor regardless of whether the client has been charged for their creation. This data may not be copied, used or shown to third parties without the prior express written consent of the contractor.

The client owes the contractor a penalty of €25,000 for each violation of this provision. This penalty may be claimed in addition to damages under the law.

3.3. The client must return the data provided to him as referred to in paragraph 1 at the first request within the period set by the contractor. In the event of a breach of this provision, the client owes the contractor a penalty of €1,000 per day. This penalty may be claimed in addition to damages under the law.

Article 4: Advice, designs and materials

4.1. The client cannot derive any rights from advice and information that he receives from the contractor if this does not relate directly to the assignment.

4.2. The client is responsible for the drawings, calculations, designs made by or on behalf of him and for the functional suitability of materials prescribed by or on behalf of him.

4.3. The client indemnifies the contractor against any claims by third parties relating to the use of drawings, calculations, designs, materials, samples, models and the like provided by or on behalf of the client.

4.4. The client may, at his own expense, (have) the materials that the contractor will use examined before they are processed. If the contractor suffers damage as a result, this shall be borne by the client.

Article 5: Delivery time

5.1. The delivery time and/or performance period are determined by the contractor approximately.

5.2. When determining the delivery time and/or performance period, the contractor assumes that he can execute the assignment under the circumstances that are known to him at that time.

5.3. The delivery time and/or performance period does not commence until agreement has been reached on all commercial and technical details, all necessary data, final, approved drawings, etc. are in the possession of the contractor, the agreed (instalment) payment has been received and the necessary conditions for the execution of the assignment have been met.

5.4. a. If circumstances arise other than those known to the contractor when he determined the delivery time and/or performance period, the contractor may extend the delivery time and/or performance period by the time needed to execute the assignment under these circumstances. If the work cannot be fitted into the contractor’s schedule, it will be carried out as soon as his schedule allows.

b. In the event of additional work, the delivery time and/or performance period is extended by the time needed to (have) the materials and parts delivered for this purpose and to perform the additional work. If the additional work cannot be fitted into the contractor’s schedule, the work will be carried out as soon as the schedule allows.

c. In the event of suspension of obligations by the contractor, the delivery time and/or performance period is extended by the duration of the suspension. If continuation of the work cannot be fitted into the contractor’s schedule, the work will be carried out as soon as the schedule allows.

d. In the event of unworkable weather, the delivery time and/or performance period is extended by the delay thereby caused.

5.5. Exceeding the agreed delivery time and/or performance period shall in no case entitle the client to damages, unless this has been agreed in writing.

Article 6: Transfer of risk

6.1. Delivery takes place ex works, in accordance with Incoterms 2000; the risk of the item passes at the moment the contractor makes it available to the client.

6.2. Notwithstanding the provisions of the previous paragraph, the client and the contractor may agree that the contractor will arrange the transport. The risk of storage, loading, transport and unloading also rests in that case with the client. The client may insure himself against these risks.

6.3. If there is a trade-in and the client continues to use the item to be traded in while awaiting delivery of the new item, the risk of the item to be traded in remains with the client until the moment he has placed it in the possession of the contractor.

Article 7: Price change

7.1. An increase in cost-price-determining factors arising after conclusion of the agreement may be passed on by the contractor to the client if performance of the agreement has not yet been completed at the time of the increase.

7.2. The client is obliged to pay the price increase as referred to in paragraph 1 together with payment of the principal sum or the next agreed payment instalment.

7.3. If goods are supplied by the client and the contractor is willing to use them, the contractor may charge a maximum of 20% of the market price of the goods supplied.

Article 8: Impracticability of the assignment

8.1. The contractor has the right to suspend the fulfilment of his obligations if he is temporarily prevented from fulfilling his obligations due to circumstances that could not be expected at the time of conclusion of the agreement and that lie outside his sphere of influence.

8.2. Circumstances that could not be expected by the contractor and that lie outside his sphere of influence include, among others, the circumstance that suppliers and/or subcontractors of the contractor do not or not timely fulfil their obligations, the weather, earthquakes, fire, loss or theft of tools, the loss of materials to be processed, road blockades, strikes or work stoppages and import or trade restrictions.

8.3. The contractor is no longer entitled to suspend if the temporary impossibility of performance has lasted more than six months. The agreement may be dissolved only after the end of this term and only for that part of the obligations that has not yet been fulfilled. In that case the parties are not entitled to compensation for damage suffered or to be suffered as a result of the dissolution.

Article 9: Scope of the work

9.1. The client must ensure that all permits, exemptions and other decisions necessary to carry out the work are obtained in good time.

9.2. The price of the work does not include:

a. the costs for earthwork, pile-driving, cutting, breaking, foundation, masonry, carpentry, plastering, painting, wallpapering, repair or other construction work;

b. the costs for connecting gas, water, electricity or other infrastructural facilities;

c. the costs to prevent or limit damage to items present at or near the work;

d. the costs for the removal of materials, building materials or waste; e. travel and accommodation expenses.

Article 10: Changes in the work

10.1. Changes in the work result in any case in additional or reduced work if:

a. there is a change in the design, specifications or budget;

b. the information provided by the client does not correspond with reality;

c. estimated quantities deviate by more than 10%.

10.2. Additional work is calculated on the basis of the value of the price-determining factors applicable at the time the additional work is carried out.

Reduced work is settled on the basis of the value of the price-determining factors applicable at the time of conclusion of the agreement.

10.3. If the balance of the reduced work exceeds that of the additional work, the contractor may charge the client 10% of the difference of the balances in the final settlement. This provision does not apply to reduced work resulting from a request by the contractor.

Article 11: Execution of the work

11.1. The client ensures that the contractor can carry out his work without hindrance and at the agreed time and that he has the necessary facilities at his disposal in the performance of his work, such as:

– gas, water and electricity;

– heating;

– lockable dry storage space;

– facilities prescribed under the Working Conditions Act and regulations.

11.2. The client is liable for all damage, including as a result of loss, theft, fire or damage, to items of the contractor, of the client and/or of third parties, such as tools and materials intended for the work, which are located at the place where the work is carried out or at another agreed place.

11.3. If the client fails to fulfil his obligations as described in the previous paragraphs and delay in the execution of the work arises as a result, the work will be carried out as soon as the client has nevertheless fulfilled all his obligations and the contractor’s schedule allows. The client is liable for all damage to the contractor resulting from the delay.

Article 12: Completion of the work

12.1. The work is deemed to be completed when:

a. the client has approved the work;

b. the work has been put into use by the client. If the client puts a part of the work into use, that part is deemed to be completed;

c. the contractor has notified the client in writing that the work has been completed and the client has not indicated in writing within 14 days after the notification whether or not the work has been approved;

d. the client does not approve the work on the grounds of minor defects or missing parts that can be remedied or supplied within 30 days and which do not prevent the work from being put into use.

12.2. If the client does not approve the work, he is obliged to notify the contractor in writing stating the reasons.

12.3. If the client does not approve the work, he shall allow the contractor the opportunity to complete the work again. The provisions of this article apply again thereto.

12.4. The client indemnifies the contractor against claims by third parties for damage to parts of the work not yet delivered caused by the use of parts of the work already delivered.

Article 13: Liability

13.1. The contractor is liable for damage suffered by the client that is the direct and exclusive consequence of a shortcoming attributable to the contractor. However, only that damage is eligible for compensation against which the contractor is insured, or reasonably should have been insured.

13.2. If at the time of entering into the agreement it is not possible for the contractor to take out insurance as referred to in paragraph 1, or to renew it thereafter on reasonable terms, compensation for damage is limited to the amount charged by the contractor for the agreement in question (excluding VAT).

13.3. The following are not eligible for compensation: a. consequential loss including for example stagnation damage and loss of profit. The client should, if desired, insure himself against this damage;

b. “opzichtschade” (damage to property being worked on or in the vicinity). “Opzichtschade” includes, among other things, damage caused during the execution of the work to items being worked on or to items located near the place where work is being carried out. The client should, if desired, insure himself against this damage;

c. damage caused by intent or wilful recklessness of auxiliary persons or non-executive subordinates of the contractor.

13.4. The contractor is not liable for damage to material supplied by or on behalf of the client as a result of an improperly executed processing. At the request of the client, the contractor will perform the processing again, with new material supplied by the client at his expense.

13.5. The client indemnifies the contractor against all claims by third parties for product liability as a result of a defect in a product delivered by the client to a third party and which (also) consisted of products and/or materials supplied by the contractor.

Article 14: Warranty

14.1. The contractor guarantees the proper performance of the agreed prestation for a period of six months after (completion) delivery.

14.2. If the agreed prestation consists of contracting work, the contractor guarantees for the period referred to in paragraph 1 the soundness of the delivered construction and the materials used, provided he was free in their choice. If it appears that the delivered construction and/or materials used are not sound, the contractor will repair or replace them. The parts to be repaired by the contractor or replaced by the contractor must be sent carriage paid to the contractor. Disassembly and assembly of these parts and any travel and accommodation costs are borne by the client.

14.3. If the agreed prestation (also) consists of the processing of material supplied by the client, the contractor guarantees for the period referred to in paragraph 1 the soundness of the processing performed.

If it appears that a processing has not been properly carried out, the contractor will choose whether he:

• performs the processing again. In that case the client must supply new material at his own expense;

• repairs the defect. In that case the client must return the material carriage paid to the contractor;

• credits the client for a proportional part of the invoice.

14.4. If the agreed prestation consists of the delivery of an item, the contractor guarantees the soundness of the delivered item during the period referred to in paragraph 1.

If it appears that the delivery was not sound, the item must be returned carriage paid to the contractor. Thereafter the contractor will choose whether he:

• repairs the item;

• replaces the item;

• credits the client for a proportional part of the invoice.

14.5. If the agreed prestation (also) consists of the installation and/or assembly of a delivered item, the contractor guarantees for the period referred to in paragraph 1 the soundness of the installation and/or assembly.

If it appears that the installation and/or assembly has not been properly carried out, the contractor will remedy this. Any travel and accommodation costs incurred are borne by the client.

14.6. For those parts for which the client and the contractor have expressly agreed in writing that a factory warranty applies, such factory warranty shall apply. If the client has had the opportunity to take note of the contents of the factory warranty, it will replace the warranty under this article.

14.7. The client must in all cases give the contractor the opportunity to remedy any defect and/or to perform the processing again.

14.8. The client can only invoke the warranty after he has fulfilled all his obligations towards the contractor.

14.9. a. No warranty is given as soon as defects are the result of:

• normal wear and tear;

• improper use;

• lack of or incorrect maintenance;

• installation, assembly, modification or repair by the client or by third parties.

b. No warranty is given on items delivered that were not new at the time of delivery or on items prescribed by the client or supplied by or on behalf of him;

c. No warranty is given on the inspection and/or repair of items belonging to the client.

Article 15: Complaints

The client can no longer invoke a defect in the prestation if he has not lodged a complaint in writing with the contractor within fourteen days after he discovered or reasonably should have discovered the defect.

Article 16: Items not taken

When items have not been taken after the expiry of the delivery time, they remain at the client’s disposal. Items not taken are stored at the client’s expense and risk.

The contractor may always make use of the authority under Article 6:90 of the Dutch Civil Code.

Article 17: Payment

17.1. Payment is made at the contractor’s place of establishment or into an account designated by the contractor.

17.2. Unless otherwise agreed, payment is made as follows:

a. in cash in the case of counter sales;

b. in the case of payment by instalments:

• 40% of the total price upon order;

• 50% of the total price after delivery of the material or, if the delivery of material is not included in the assignment, after commencement of the work;

• 10% of the total price upon completion;

c. in all other cases within thirty days of the invoice date.

17.3. Regardless of the agreed payment conditions, the client is obliged, at the contractor’s request, to provide sufficient security for payment in the contractor’s opinion. If the client fails to do so within the set term, he is immediately in default. In that case the contractor has the right to dissolve the agreement and recover his damages from the client.

17.4. The client’s right to set off his claims against the contractor is excluded, unless the contractor is bankrupt or the statutory debt rescheduling scheme applies to the contractor.

17.5. The full claim for payment is immediately due and payable if:

a. a payment term has been exceeded;

b. the client has been declared bankrupt or applies for a moratorium on payments;

c. attachment is levied on items or claims of the client;

d. the client (company) is dissolved or liquidated;

e. the client (natural person) requests to be admitted to the statutory debt rescheduling scheme, is placed under guardianship or dies.

17.6. When payment has not been made within the agreed payment term, the client owes interest to the contractor immediately. The interest amounts to 12% per year, but is equal to the statutory interest if this is higher. In calculating the interest, part of a month is considered a full month.

17.7. When payment has not been made within the agreed payment term, the client owes the contractor all extrajudicial costs with a minimum of €75. The costs are calculated on the basis of the following table:

over the first €3,000: 15%

over the excess up to €6,000: 10%

over the excess up to €15,000: 8%

over the excess up to €60,000: 5%

over the excess from €60,000: 3%

If the actual extrajudicial costs incurred are higher than follows from the above calculation, the actual costs are due.

17.8. If the contractor is successful in legal proceedings, all costs incurred by him in connection with these proceedings shall be borne by the client.

Article 18: Retention of title and pledge

18.1. After delivery, the contractor remains the owner of the items delivered as long as the client:

a. fails or will fail to fulfil his obligations under this agreement or other similar agreements;

b. does not pay or will not pay for work performed or yet to be performed under such agreements;

c. has not fulfilled claims arising from non-fulfilment of the aforementioned agreements, such as damages, penalties, interest and costs.

18.2. As long as there is a retention of title on delivered items, the client may not encumber them outside his normal business operations.

18.3. After the contractor has invoked his retention of title, he may take back the delivered items. The client allows the contractor to enter the place where these items are located.

18.4. If the contractor cannot invoke his retention of title because the delivered items have been mixed, transformed or accession has taken place, the client is obliged to pledge the newly formed items to the contractor.

Article 19: Termination

If the client wishes to dissolve the agreement without there being a shortcoming by the contractor and the contractor agrees, the agreement will be terminated by mutual consent. In that case the contractor is entitled to compensation for all pecuniary damage such as loss suffered, loss of profit and costs incurred.

Article 20: Applicable law and competent court

20.1. Dutch law applies.

20.2. The Vienna Sales Convention (C.I.S.G.) does not apply, nor does any other international regulation whose exclusion is permitted.

20.3. Only the Dutch civil court with jurisdiction in the district where the contractor is established shall hear disputes, unless this conflicts with mandatory law. The contractor may deviate from this jurisdiction rule and apply the statutory rules of jurisdiction.

20.4. The parties may agree on another form of dispute resolution such as arbitration or mediation.

CONSUMER CONDITIONS METAALUNIE

General Consumer Conditions issued by the Koninklijke Metaalunie (Dutch organisation of entrepreneurs in SMEs in the metal sector) referred to as
Metaalunie Consumer Conditions, filed with the registry of the District Court of Midden-Nederland, Utrecht location, on 1 October 2022.
Published by Koninklijke Metaalunie, P.O. Box 2600, 3430 GA Nieuwegein.
©Koninklijke Metaalunie

Article 1: Definitions

In these general conditions, the following terms shall have the meanings indicated:
a. The entrepreneur: the member of the Koninklijke Metaalunie.
b. The consumer: any natural person who – not acting in the exercise of a profession or business – enters into an agreement with the entrepreneur.
c. The performance of work: the agreement under which the entrepreneur performs work for payment and may also deliver items.
d. The sale: the agreement under which the entrepreneur delivers only one or more items and the consumer pays a price in money for this.
e. Additional work: work and items that the consumer wishes to add to the agreed work and that lead to additional payment on top of the agreed price.
f. Reduced work: work and items that the consumer wishes to omit from the agreed work and that lead to a reduction of the agreed price.
g. Koninklijke Metaalunie: Dutch organisation of entrepreneurs in SMEs in the metal sector.

Article 2: Applicability

2.1 These conditions apply to all offers made by the entrepreneur to the consumer and to all agreements he concludes with the consumer for the delivery of items, the performance of work or a combination thereof.
2.2 In the event of conflict between the contents of the agreement concluded by the entrepreneur with the consumer and these conditions, the provisions of the agreement prevail.
2.3 Only Metaalunie members may use these conditions.

Article 3: The offer

3.1 The offer is without obligation. The entrepreneur has the right to revoke his offer up to two working days after receipt of the acceptance.
3.2 The entrepreneur issues an offer that is expected to exceed an amount of €500.00 in writing or electronically, unless urgent circumstances make this impossible.
3.3 The offer contains a description of the item(s) to be delivered, the work to be performed or both. The offer must be sufficiently detailed to allow the consumer to make a proper assessment of the offer.
3.4 In the case of performance of work, the offer also states the time at which or the period within which the work can be started, contains an indication of the duration of the work and a fixed or approximate delivery date.
3.5 In the case of performance of work, the offer also provides insight into the price of the materials and the method used to determine the price, with the choice between a “fixed price” or “cost-plus”:
a. If a fixed price is chosen, the parties agree on a fixed amount for which the work will be carried out.
b. If cost-plus is chosen, the entrepreneur provides an accurate statement of the price factors, such as hourly rate and unit prices of the necessary materials. At the consumer’s request, the entrepreneur can give an indication of the expected execution costs by stating a target price, unless in the given circumstances this is, in the entrepreneur’s opinion, not reasonably possible.

Article 4: Confidentiality

4.1 All information that the entrepreneur provides to the consumer or has provided on his behalf (such as offers, designs, images, drawings and know-how) of any nature and in any form is confidential. The consumer will not use this information for any purpose other than the execution of the agreement.
4.2 The consumer will not disclose or reproduce the information referred to in paragraph 1 of this article.
4.3 If the consumer breaches an obligation referred to in paragraphs 1 and 2 of this article, he owes an immediately payable penalty of €500 per violation. The entrepreneur may claim this penalty in addition to damages under the law.
4.4 The consumer must, at the first request within the period set by the contractor, at the contractor’s choice, return or destroy the information referred to in paragraph 1 of this article. In the event of a breach of this provision, the consumer owes the contractor an immediately payable penalty of €75 per day. The entrepreneur may claim this penalty in addition to damages under the law.

Article 5: Acceptance of the offer

5.1 The consumer accepts the entrepreneur’s offer preferably and where possible in writing or electronically.
5.2 In the case of electronic acceptance by the consumer, the entrepreneur confirms receipt of the acceptance to the consumer electronically. If the consumer accepts the entrepreneur’s offer orally, the entrepreneur preferably confirms the acceptance in writing or electronically.

Article 6: Obligations of the entrepreneur in the performance of work

6.1 The entrepreneur will perform the work properly, soundly and according to the provisions of the agreement. The work is performed within the working hours customary for the entrepreneur, unless otherwise agreed.
6.2 In the performance of the work, the entrepreneur observes the statutory regulations as they are or will be in force at the time of performance of the work.

Article 7: Duty to warn of the entrepreneur

7.1 The entrepreneur will point out to the consumer the following defects and inaccuracies: a. inaccuracies in the work assigned.
b. inaccuracies in the working methods and constructions required by the consumer.
c. defects of the (im)movable property to which the work is performed.
d. defects in or unsuitability of materials or tools made available by the consumer.
e. inaccuracies in the data provided by or on behalf of the consumer.
7.2 The duty to warn under the previous paragraph applies only if the defects and inaccuracies are reasonably apparent to the entrepreneur, they are relevant to the performance of the agreement, they reveal themselves to the entrepreneur before or during the performance of the agreement and the entrepreneur is to be regarded as knowledgeable with regard to these defects and inaccuracies.

Article 8: Damage at the consumer’s risk

8.1 The consumer bears the risk of damage caused by: a. inaccuracies in the work assigned.
b. inaccuracies in the constructions and working methods required by the consumer.
c. defects in the (im)movable property to which the work is performed.
d. defects in materials or tools made available by the consumer.
e. inaccuracies in the data provided by or on behalf of the consumer.
8.2 The above does not affect the entrepreneur’s obligation to warn the consumer pursuant to Article 7.

Article 9: Obligations of the consumer in the performance of work

9.1 The consumer enables the entrepreneur to perform the work. 9.2 The consumer ensures that the entrepreneur can obtain in good time the approvals and data required for the work (such as permits and exemptions).
9.3 The consumer provides the entrepreneur with the connection options for energy, water and internet available to him and required for the work. The costs of electricity, gas, water and internet are for the consumer’s account.
9.4 The consumer must ensure that when third parties perform work or deliver items that do not form part of the entrepreneur’s work, such work is carried out in such a way and in such time that the performance of the work is not delayed as a result. Should a delay nevertheless occur, the consumer must inform the entrepreneur in good time.
9.5 When the start or progress of the work is delayed due to circumstances as referred to in paragraphs 1 to 4 of this article, the consumer must compensate the entrepreneur for the damage and costs associated therewith, if these circumstances can be attributed to him.

Article 10: Duty to take delivery

The consumer is obliged, after the end of the delivery time or performance period, to take physical delivery at the agreed place of the item(s) that are the subject of the agreement. The consumer must provide all cooperation free of charge to enable the entrepreneur to deliver. Items not taken are stored at the consumer’s expense and risk.

Article 11: Target price, additional and reduced work

11.1 If the parties have agreed on a fixed price, the consumer may request the entrepreneur to perform additional or reduced work after the agreement has been concluded. If the entrepreneur accepts the additional or reduced work, he may extend the completion date as referred to in Article 3 paragraph 4 by the time needed to (have) the materials and parts delivered for this purpose and to perform the work.
11.2 When the entrepreneur has given a target price, it may be exceeded by a maximum of 10%, unless the entrepreneur has warned the consumer as early as possible of an overrun, to give the consumer the opportunity to limit or simplify the work. The entrepreneur must cooperate with this within reasonable limits.
11.3 If the consumer has requested the entrepreneur to perform additional work, the entrepreneur can only claim an increase in the price if he has timely informed the consumer of the resulting price increase, unless the consumer should already have understood this himself.
11.4 The entrepreneur and the consumer agree in advance in writing on additional or reduced work for a total amount higher than 10% of the price of the work, unless there are urgent circumstances.
11.5 Despite the absence of a written order, the consumer or the entrepreneur may be entitled to settlement of additional or reduced work. The burden of proof of the additional or reduced work then rests on the party making the claim.

Article 12: Price changes

12.1 If the entrepreneur has agreed with the consumer on a delivery or completion period of no more than 3 months and there is an increase in cost price factors after the conclusion of the agreement, the entrepreneur has the right to increase the price. If the entrepreneur increases the price, the consumer has the right to dissolve the agreement.
12.2 If the entrepreneur has agreed with the consumer on a delivery or completion period of more than 3 months and there is an increase in cost price factors after the conclusion of the agreement, the entrepreneur has the right to increase the price. If the entrepreneur increases the price, the consumer does not have the right to dissolve the agreement.
12.3 Upon dissolution of the agreement as referred to in paragraph 1 of this article, the consumer is not entitled to compensation for any damage.

Article 13: Completion and transfer of risk in performance of work

13.1 The work is completed when the entrepreneur has informed the consumer that the work has been completed and the consumer has accepted the work. 13.2 The work is deemed to be completed when:

• no later than 14 days have elapsed after the entrepreneur has notified the consumer in writing or electronically that the work has been completed and the consumer has failed to accept the work within that period, unless the consumer rejects the work in writing with reasons within that period;

• the consumer puts the work (back) into use, it being understood that by putting a part of the work into use, that part is deemed to be completed.

• the consumer does not approve the work on the grounds of minor defects and/or missing parts that can be remedied or supplied within 30 days and that do not prevent the work from being put into use. The entrepreneur is obliged to remedy the defects as soon as possible or to supply the parts.
  13.3 After completion, the work is at the consumer’s risk.

Article 14: Delivery period and transfer of risk in sale

14.1 The entrepreneur delivers the items no later than thirty days after concluding the agreement. The parties may make other arrangements about this. 14.2 When the entrepreneur delivers or has the item delivered to the consumer, the item is at the consumer’s risk as soon as the consumer or someone else designated by him and who is not the carrier has received the item.
14.3 When the consumer has designated a carrier and the entrepreneur himself does not offer the choice for this carrier, the risk passes to the consumer as soon as the carrier has received the item.

Article 15: Handover file

The entrepreneur is not obliged to provide the consumer with a handover file for the work he performs as referred to in the Quality Assurance Act for Building (Wkb). The parties may make other arrangements about this.

Article 16: Force majeure

16.1 If performance of an obligation under the agreement is temporarily impossible for one of the parties due to a cause that cannot be attributed to him, that party has the right to suspend the performance of his obligations for that period.
16.2 If performance of an obligation under the agreement is permanently impossible for one of the parties due to a cause that cannot be attributed to him, that party is entitled to dissolve the agreement against reimbursement to the other party of the costs reasonably incurred.

Article 17: Payment

17.1 Payment is made at the place of establishment of the entrepreneur or into an account designated by the entrepreneur.
17.2 The parties may agree that payment is made in instalments. If payment in instalments has been agreed and the entrepreneur fails to fulfil his obligation to continue the delivery/the work to be performed, the consumer has the power to suspend the instalment payment.
17.3 In the case of sale, the entrepreneur has the right to require the consumer to prepay up to a maximum of 50% of the price.

Article 18: The final invoice

18.1 In the case of work, the entrepreneur must submit the final invoice to the consumer within a reasonable period after completion.
18.2 If the parties have agreed on a fixed price, the final invoice contains a clear description of the original assignment and any additional and/or reduced work requested.
18.3 If the parties have agreed that work will be carried out on a cost-plus basis, the final invoice contains a specification of the materials used and their costs, the hours worked and the hourly rates and the other costs.
18.4 Unless payment is in cash, payment of the final invoice is made within fourteen days of the invoice date.

Article 19: Late payment

19.1 If the consumer does not pay on time, he is in default without further notice of default.
19.2 When payment has not been made on time, the entrepreneur is entitled to charge interest from the expiry of the payment term until the day of receipt of the amount due. This interest is equal to the statutory interest referred to in Article 6:119 of the Dutch Civil Code.

19.3 After expiry of the payment term, the entrepreneur sends the consumer a free payment reminder. In this payment reminder, the entrepreneur states that the consumer has the opportunity to pay within fourteen days from the day after the payment reminder has been delivered and what amount of collection costs the consumer will owe if (full) payment is not made within that period. The amount of the collection costs must comply with the “Decree on compensation for extrajudicial collection costs”.

Article 20: Suspension

If the consumer fails to fulfil his obligations, the entrepreneur is entitled to suspend a proportionate part of his corresponding obligations. The entrepreneur may do so only after he has summoned the consumer in writing or electronically to still fulfil his obligations. The foregoing does not affect the entrepreneur’s right to compensation for costs, damage and interest.

Article 21: Retention of title

The entrepreneur remains the owner of delivered items as long as the consumer:
a. has not fulfilled his obligations under any agreement with the entrepreneur;
b. has not fulfilled claims arising from non-fulfilment of the aforementioned agreements, such as damages, penalty, interest and costs.

Article 22: Intellectual property rights

22.1 The entrepreneur is deemed to be the maker, designer or inventor of the works, models or inventions created in the context of the agreement. The entrepreneur therefore has the exclusive right to apply for a patent, trademark or model.
22.2 In the performance of the agreement, the entrepreneur does not transfer intellectual property rights to the consumer.
22.3 When the prestation to be delivered by the entrepreneur (also) consists of the delivery of computer software, the source code is not transferred to the consumer. The consumer acquires solely for the purpose of the normal use and proper operation of the item a non-exclusive, worldwide and perpetual user licence to the computer software. The consumer is not permitted to transfer the licence or to grant a sub-licence. Upon sale of the item by the consumer to a third party, the licence automatically transfers to the acquirer of the item.

Article 23: Duty to complain

23.1 The consumer must report defects to the entrepreneur within a reasonable time after he has discovered them or reasonably should have discovered them. In the case of sale, the report must be made within a reasonable time after discovery, whereby a report within a period of two months after discovery is timely.
23.2 The report referred to in the first paragraph is preferably made in writing or electronically.

Article 24: Conformity of delivered items with the agreement and warranty

24.1 The entrepreneur is obliged to deliver an item that complies with the provisions of the agreement. In addition, the item must:
a. be suitable for the purposes for which items of the same type are normally used;
b. if applicable: correspond to a sample or model that the entrepreneur made available to the consumer prior to purchase;
c. be delivered with the accessories that the consumer may reasonably expect, and
d. have the quantity and possess the characteristics that are normal for items of the same type and that the consumer may reasonably expect given the nature of the item;
unless the parties have validly agreed that the item deviates from the requirements mentioned above under a to d.
24.2 If within 1 year after completion (as referred to in Article 13 of these conditions) or after delivery (as referred to in Article 14 of these conditions) a deviation from what has been agreed becomes apparent, it is presumed that the delivered item did not comply with the agreement at the time of completion or delivery. In that case the entrepreneur will remedy the defect free of charge, unless he can demonstrate that the delivered item did comply with the agreement at the time of completion or delivery. The foregoing does not affect the fact that the entrepreneur may also be liable for any defects after the said period under the law.
24.3 The warranty as referred to in paragraph 2 lapses if:
− defects are the result of normal wear and tear;
− defects are caused by an error, improper use or neglect by the consumer or his successor in title, or by external causes;
− defects are the result of lack of or incorrect maintenance;
− defects are the result of installation, assembly, modification or repair by the consumer or by third parties without the entrepreneur’s prior written consent.

Article 25: Applicable law and competent court

25.1 Dutch law applies.
25.2 Only the Dutch civil court with jurisdiction in the consumer’s place of residence shall hear disputes between the consumer and the entrepreneur, unless this conflicts with mandatory law.

Return Policy Q-Line Webshop

You have the right to return your order within 14 days of receipt without giving any reason (right of withdrawal).

The 14-day period starts on the day after you receive the product.

During this period, you must handle the product and the packaging with care. The product may only be unpacked or used to the extent necessary to determine the nature, characteristics and functioning of the product.

You must return the product complete, undamaged and – if reasonably possible – in the original packaging.

The costs for returning the product are always entirely at the customer’s expense. We do not reimburse return shipping costs under any circumstances.

After receipt and inspection of the returned product, you will receive the purchase amount within 14 days, excluding the outbound shipping costs.

Products that are made to measure or according to the customer’s specifications cannot be returned.