Terms and Conditions

These Terms and Conditions are created in Dutch and are translated for the convenience of international customers in different foreign languages. This translation is carried out by an online translation tool. If you have any doubts or questions about the description of the terms and conditions in your language, please send an e-mail to: inbetween@satelliet.net

Requirements

Table of content:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - Intellectual property
Article 5 - The offer
Article 6 - The agreement
Article 7 - Right of withdrawal
Article 8 - Costs in case of withdrawal
Article 9 - Exclusion of right of withdrawal
Article 10 - The price
Article 11 - Compliance and warranty
Article 12 - Delivery and implementation
Article 13 - Auxiliary persons
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Liability
Article 17 - Disputes
Article 18 - Additional or different stipulations
Article 19 - Place of performance


Article 1 – Definitions

In these conditions the following terms have the following meanings:

  1. Reflection period: the period within which the customer can exercise his right of withdrawal;
  2. Customer: the natural person who acts in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Durable data carrier: any means that enables the customer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  5. Right of withdrawal: the possibility for the customer to withdraw from the distance contract within the cooling-off period;
  6. Model form: the model withdrawal form that the entrepreneur makes available that a customer can fill in if he wants to make use of his right of withdrawal.
  7. Entrepreneur: the natural or legal person who offers remote products and / or services to customers;
  8. Distance contract: an agreement in which, within the framework of a system for distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the agreement, use is exclusively made of one or more techniques for distance communication;
  9. Technique for distance communication: means that can be used to conclude an agreement, without the Customer and the entrepreneur having met in the same room at the same time.
  10. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.


Article 2 - Identity of the entrepreneur
[Name of entrepreneur] Satelliet Meubelen B.V.
[Business and Visiting Address] Haagweg 241-243, 4812 XD, Breda, The Netherlands
[Phone number] 0031 765225310
[Email address] inbetween@satelliet.net
[Chamber of Commerce number] 20125851
[VAT identification number] NL815889483B01


Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the Customer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the customer.
  3. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the customer in such a way that the customer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the customer by electronic means or otherwise.
  4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the customer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions is.
  5. If one or more provisions in these general terms and conditions are in whole or in part void or destroyed at any time, the agreement and these terms and conditions will continue to apply and the provision in question will immediately be replaced by a provision that, in consultation, from the original as close as possible.
  6. Situations not covered by these terms and conditions should be assessed "in the spirit" of these terms and conditions.
  7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these terms and conditions.


Article 4 - Intellectual property

  1. The entrepreneur retains the copyright and all other intellectual property rights to, and the ownership of, all designs, images and drawings provided.
  2. Pictures, drawings, designs, etc. may not be copied or multiplied or made available to third parties.
  3. The Buyer indemnifies the entrepreneur against any legal action by a third party that is based on or related to the allegation that drawings, models and the like developed by the buyer infringe an applicable intellectual or industrial property right.


Article 5 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If the entrepreneur uses images, they are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
  5. Pictures with products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the customer what rights and obligations are involved in accepting the offer.

This concerns in particular:

  • the price including taxes;
  • any shipping costs;
  • the way in which the agreement will be concluded and which actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and implementation of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the customer;
  • the way in which the customer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
  • any other languages ​​in which, in addition to Dutch, the contract can be concluded;
  • the codes of conduct to which the entrepreneur is subject and the way in which the customer can consult these codes of conduct electronically; and


Article 6 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the customer of the offer and compliance with the corresponding conditions.
  2. If the customer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can - within legal frameworks - inform whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
  5. The entrepreneur will send the following information with the product or service to the customer, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium:
    1. the visiting address of the establishment of the entrepreneur where the customer can go with complaints;
    2. the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. information about guarantees and existing after-sales service;
    4. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the customer before the execution of the agreement;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 7 - Right of withdrawal

  1. When purchasing products, the customer has the option to dissolve the agreement without giving any reason during 14 days. This cooling-off period commences on the day after receipt of the product by the customer or a representative previously designated by the customer and announced to the entrepreneur. Only unused products without any visible signs of use are eligible for a refund.
  2. During the reflection period, the customer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the customer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The customer must make this known by means of the model form which must be downloaded from the website. After the customer has made known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
  4. If the customer has not made known that he wishes to make use of his right of withdrawal, respectively, after the periods referred to in paragraphs 2 and 3 have expired. the product has not been returned to the entrepreneur, the purchase is a fact.


Article 8 - Costs in case of withdrawal

  1. If the customer makes use of his right of withdrawal, the costs of return will be at his expense.
  2. If the customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the customer unless the customer explicitly gives permission for another payment method.
  3. In the event of damage to the product due to careless handling by the customer, the customer is liable for any depreciation of the product.
  4. The customer cannot be held liable for a depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.


Article 9 - Exclusion of right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal from the customer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. that have been created by the entrepreneur in accordance with the customer's specifications;
    2. which are clearly of a personal nature;
    3. which cannot be returned due to their nature;
    4. that can spoil or age quickly;
    5. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    6. for individual newspapers and magazines;
    7. for audio and video recordings and computer software of which the customer has broken the seal.
    8. for hygienic products of which the customer has broken the seal


Article 10 - The price

  1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    1. these are the result of statutory regulations or provisions; or
    2. the customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services are exclusive of VAT.
  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.


Article 11 - Compliance and Warranty
 

  1. The warranty only extends to the repair of the fault or shortcoming at our expense and is only granted with regard to the construction
  2. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  3. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the customer can assert against the entrepreneur under the agreement.
  4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.
  5. The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
  6. The warranty does not apply if:
    1. The customer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;
    2. The delivered products have been exposed to abnormal circumstances or are otherwise carelessly handled or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
    3. The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.


Article 12 - Delivery and implementation

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the customer has made known to the company.
  3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the Customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified of this no later than 30 days after placing the order. In that case, the customer has the right to dissolve the agreement at no cost. The customer is not entitled to compensation.
  4. All delivery times are indicative. The customer cannot derive any rights from any stated periods. Exceeding a term does not entitle the customer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the customer has paid as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
  7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the customer or a pre-designated and representative announced to the entrepreneur, unless expressly agreed otherwise.
  8. In case of force majeure, the entrepreneur's obligation to deliver or to execute is suspended until the cause of this force majeure has been eliminated. Force majeure includes, but is not limited to: strike, liquidation, machine breakdown, fire or other unforeseen circumstances, liquidation of a supplier or auxiliary person, as a result of which we, our suppliers, or third parties engaged by us do not or do not act on time , respectively meet their obligations.


Article 13 - Auxiliary persons

The entrepreneur has the right at all times to have goods purchased from us delivered by third parties.


Article 14 - Payment

  1. Unless otherwise agreed, the amounts owed by the customer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period shall commence after the customer has received confirmation of the agreement.
  2. The customer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
  3. In the event of default by the customer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the customer in advance.


Article 15 - Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. The customer must check the delivered goods immediately upon delivery. If the other party finds no damage to the packaging of the goods, it is assumed that the goods were in good condition upon delivery, subject to evidence to the contrary of the customer.
  3. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the customer has discovered the defects, under penalty of forfeiture of the right to be aware of any defect or inaccuracy. to claim the delivered goods.
  4. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the customer can expect a more detailed answer.
  5. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
  6. In the event of complaints, a Customer must first turn to the entrepreneur. If no solution can be found, the customer has the option of having his complaint handled by an independent disputes committee, the decision of which is binding and both the entrepreneur and the customer agree with this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the customer to the relevant committee.
  7. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  8. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge, excluding transport costs outside the Netherlands.


Article 16 - Liability

  1. If the fulfillment of the obligations of the entrepreneur should lead to liability, then that liability will always be limited to the amount paid out in the relevant case by the entrepreneur's insurer under the applicable liability insurance, including the deductible that in the relevant case we bear in connection with that liability insurance. In the event that - for whatever reason - no payment is made on the basis of the liability insurance referred to in paragraph 1 of this article, the liability of the entrepreneur for direct damage will not in case of more than the amount stated on the relevant invoice.
  2. Liability for indirect damage or consequential damage is excluded under all circumstances.
  3. The extent of the compensation to be paid in any case is further limited in the following manner:
  • Damage as a result of business interruption, loss of income, etc., regardless of whatever cause, are not eligible for compensation. If desired, the customer must take out insurance against this damage.
  • The entrepreneur is not liable for damage that arises as a result of use other than for which the items are intended and for what purpose the items were purchased from us.
  1. The customer will indemnify us against any claim from third parties for damages against us in respect of the purchased goods.


Article 17 - Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the customer to which these general terms and conditions apply. Even if the customer lives abroad.
  2. The Convention on the International Sale of Goods (CISG), also known as the 1980 Vienna Sales Convention, does not apply.
  3. All disputes from or as a result of an agreement or further agreements, will only be adjudicated by an absolutely competent court within the district of Zeeland-West Brabant.
  4. The entrepreneur is entitled to bring a dispute before a judge, who is competent according to the ordinary rules of relative competence.


Article 18 - Additional or different stipulations

  1. Additional or deviating provisions from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the customer in an accessible manner on a durable medium.


 Article 19 - Place of performance

  1. The agreements are deemed to have been executed in our place of establishment. Filed with the Chamber of Commerce in Breda, The Netherlands. Chamber of Commerce number 20125851.

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