Terms of service

GENERAL TERMS AND CONDITIONS WEBSHOP (B2C)

Article 1 - Definitions
PETIT PUK BV, established in Heemstede, Chamber of Commerce number 82410666, is referred to as seller in these general terms and conditions.
The other party of the seller is referred to as the buyer in these general terms and conditions.
The parties are the seller and the buyer together.
The agreement refers to the purchase agreement between the parties.

Article 2 - Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
Deviation from these terms and conditions is only possible if this has been expressly agreed in writing by the parties.

Article 3 - Payment
The full purchase price is always paid immediately in the webshop. When making reservations, in some cases a deposit is expected. In that case, the buyer will receive proof of the reservation and the prepayment.
If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
If the buyer remains in default, the seller will proceed to collection. The costs related to such collection shall be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller's claims against the buyer are immediately due and payable.
If the buyer refuses to cooperate with 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
Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that term, the offer will lapse.
Delivery times in quotations are indicative and, if they are exceeded, do not entitle the buyer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
Offers and quotations do not automatically apply to repeat orders. The parties must agree this expressly and in writing.
The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.

Article 5 - Right of withdrawal

In accordance with European Law, the customer has the right to cancel and return your order within 14 days after receiving the order, for any reason and without a justification. The right of withdrawal may not be exercised in relation to certain contracts, in particular

- contracts to supply goods made to the Customer's specifications or clearly customized;

- contracts to supply goods that have been unsealed by the Customer after delivery and that may not be returned for reasons of hygiene or health protection;

- contracts to supply goods that, once delivered and by their nature, are combined with other articles in such a way as to be inseparable from them.

The withdrawal period expires fourteen days after the day on which the Customer, or a third party designated by them, takes physical possession of the last lot or item.

To exercise their right to withdraw, the Customer must notify the seller of the following:

- their name, postal address and, if available, their telephone number and email address;

- their decision to withdraw from the contract by means of a clearly worded statement (for example, in the form of a letter sent by  email, in which the aforementioned information is provided).

In order for the withdrawal period of fourteen days to be respected, it is sufficient for the Customer to send their communication regarding the decision to exercise their right to withdraw before this period expires. In all cases, the burden of proof in this regard rests with the Customer.

Where the Customer withdraws from the contract, the seller shall reimburse all payments received from the Customer, including delivery costs (with the exception of additional costs arising from the fact that the Customer selected a different delivery method from the less expensive standard delivery offered by the seller), without undue delay and, in any event, no later than fourteen days from the day on which the Vendor was informed by the Customer of their decision to withdraw from the contract.

The seller shall make the reimbursement using the same method of payment used by the Customer for the initial transaction. Another method may be used with the express agreement of the Customer. In any event, this reimbursement should not entail any cost to the Customer.

Before assembly, the Customer must carefully inspect all delivered components for damage, defects, or incompleteness. Once the product has been fully or partially assembled, the right of withdrawal will lapse, as disassembly without damage is often not possible and assembled products are no longer considered in original condition.

The Customer is reminded that, in cases where they withdraw after having used the item(s), they are held liable for any diminished value of the item(s) resulting from it/them being handled in a manner other than that necessary to ascertain the nature, characteristics and functioning of the item(s). According to the European Commission, such handling equates to how a customer might behave in a shop, with regard to the items on sale there.

Where the Customer withdraws from a contract, they must return the item to the seller without undue delay and, in any event, no later than fourteen days from the day on which the Customer communicated their decision to withdraw from the contract to the recipient indicated via email. The deadline shall be deemed to have been respected if the Customer returns the items ordered within the fourteen-day period.

Where the Customer withdraws from a contract, they must bear the direct costs of returning the item. If the Customer is not in a position to be able to return the package themselves, the seller may, at the request of the Customer, instruct a carrier. In such a case, the Customer bears the cost of returning the package.

Costs of return, are subject to price changes from the carrier, below indicative price:

• Single bed:  €80 per bed
  
• Single bed with drawer: €130 per bed
• House bed: €80 per bed
• XL house bed: €130 per bed
• House bed with drawer: €130 per bed
• Mezzanine bed: €80 per bed
• Bunk bed: €130 per bed
• Bunk bed with drawer: €150 per bed
• Tipi bed: €80 per bed
• Tipi bed with drawer: €130 per bed
• Mattress: €15 per mattress (return in original shape and packaging)
• Decoration: €15 per item

Article 6 - Amendment of the agreement
If during the execution of the agreement it appears that it is necessary for the proper execution of the assignment to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. The seller will inform the buyer of this as soon as possible.
If the amendment or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in advance in writing.
If the parties have agreed on a fixed price, the seller will indicate to what extent the amendment or supplement to the agreement will result in this price being exceeded.
Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to it.

Article 7 - Delivery and transfer of risk
As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.

Article 8 - Investigation and Complaints
The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible period of time. In doing so, the buyer must investigate whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least whether the quality and quantity meet the requirements that apply in normal (trade) traffic.
Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to seller within 10 working days after the day of delivery of the goods.
If the complaint is declared well-founded within the stipulated period, the seller has the right to either repair or deliver again, or to refrain from delivery and to send the buyer a credit note for that part of the purchase price.
Minor and/or industry-standard deviations and differences in quality, number, size or finish cannot be invoked against the seller.
Complaints with regard to a certain product do not affect other products or parts belonging to the same agreement.
After the goods have been processed by the buyer, no further complaints will be accepted.

Article 9 - Samples and models
If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication, without the item to be delivered having to comply with this. This is different if the parties have expressly agreed that the item to be delivered will correspond to this.
In the case of agreements relating to immovable property, mention of the surface area or other dimensions and indications is also presumed to be only intended as an indication, without the good to be delivered having to correspond to this.

Article 10 - Delivery
Delivery is made 'ex works/shop/warehouse'. This means that all costs are for the buyer.
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 at which these goods are made available to him in accordance with the agreement.
If the buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, the seller is entitled to store the item at the buyer's expense and risk.
If the goods are delivered, the seller is entitled to charge any delivery costs.
If the seller needs information from the buyer for the execution of the agreement, the delivery time will commence after the buyer has made this information available to the seller.
A delivery term specified by the seller is indicative. This is never a deadline.

The seller reserves the right to unilaterally adjust the delivery time of an order. While the seller strives to deliver products and services within the indicated timeframes, circumstances beyond the seller’s control may arise, including but not limited to logistical issues, supplier delays, force majeure, or other unforeseen circumstances, which may prevent the original delivery time from being met.

In such cases, the seller will inform the customer as soon as possible about the change in delivery time. The seller will make efforts to communicate a new expected delivery date and minimize any inconvenience. The customer does not have the right to cancel the order or claim any form of compensation, unless explicitly agreed otherwise.

By placing an order, the customer agrees to the possibility of a unilateral adjustment of the delivery time as described above.

The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or if partial delivery does not have an independent value. In the event of delivery in parts, the seller is entitled to invoice these parts separately.

Article 11 - Force majeure
If the seller cannot, not timely or not properly fulfill his obligations under the agreement due to force majeure, he is not liable for damage suffered by the buyer.
By force majeure, the parties mean in any case any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be required by the buyer, such as illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, power outage, flood, earthquake, fire, business occupation, strikes, worker lockout, changed government measures, transportation difficulties, and other disturbances in the seller's business.
Furthermore, the parties understand by force majeure the circumstance that supply companies on which the seller depends for the execution of the agreement, do not fulfill the contractual obligations towards the seller, unless the seller can be blamed for this.
If a situation as referred to above arises as a result of which the seller cannot fulfill its obligations towards the buyer, those obligations will be suspended as long as the seller is unable to fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
If the force majeure lasts longer 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
Any party's rights under this agreement may not be transferred without the other party's prior written consent. This provision applies as a stipulation with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.
Article 13 - Retention of title and right of retention
The goods present at the seller and the goods and parts delivered remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke its retention of title and take back the goods.
If the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right to suspend the work until the agreed part has been paid after all. Then there is creditor default. In that case, a late delivery cannot be invoked against the seller.
The seller is not authorized to pledge or in any other way encumber the goods subject to retention of title.
The seller undertakes to insure the goods delivered to the buyer subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection on first request.
If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. In that case, the item will not be delivered until the buyer has paid in full and in accordance with the agreement.
In the event of liquidation, insolvency or suspension of payment of the buyer, the buyer's obligations are immediately due and payable.

Article 14 - Liability
Any liability for damage arising from or in connection with the execution of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
The seller's liability for damage resulting from intent or willful recklessness on the part of the seller or his managerial subordinates is not excluded.

Article 15 - Complaint obligation
The buyer is obliged to immediately report complaints about the work performed to the seller. The complaint contains a description of the shortcoming that is as detailed as possible, so that the seller is able to respond adequately.
If a complaint is justified, the seller is obliged to repair the good and possibly replace it.

Article 16 - Guarantees
If guarantees are included in the agreement, the following applies. The seller guarantees that the item sold complies with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This warranty is valid for a period of two calendar years after receipt of the sold item by the buyer.
The guarantee referred to is intended to bring about a distribution of risk between the seller and the buyer such that the consequences of a breach of a guarantee are always fully for the account and risk of the seller and that the seller can never rely on a breach of a guarantee in respect of a breach of a guarantee. article 6:75 of the Dutch Civil Code. The provisions of the previous sentence also apply if the infringement was known to the buyer or could have been known by conducting an investigation.
The aforementioned guarantee does not apply if the defect has arisen as a result of injudicious or improper use or if - without permission - the buyer or third parties have made changes or have tried to make or have used the purchased item for purposes for which it is not intended.
If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that producer.

Article 17 - Intellectual property
PETIT PUK BV retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all products, designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
The customer may not copy, show to third parties and/or make them available or use them in any other way without the prior written consent of PETIT PUK BV .

Article 18 - Amendment of general terms and conditions
PETIT PUK BV is entitled to amend or supplement these general terms and conditions.
Minor changes can be made at any time.
PETIT PUK BV will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Article 19 - Applicable law and competent court
Dutch law applies exclusively to every agreement between the parties.
The Dutch court in the district where PETIT PUK BV is established has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
The applicability of the Vienna Sales Convention is excluded.
If one or more provisions of these general terms and conditions are regarded as unreasonably onerous in legal proceedings, the other provisions will remain in full force and effect.