General terms and conditions

General terms and conditions of the Style for Homes BV online store

Contents

1. Definitions
2. Scope of these general terms and conditions
3. Orders, offers, and acceptance
4. Right of withdrawal
5. Prices and payment terms
6. Terms and conditions of delivery and shipping
7. Liability for defects - consumer
8. Liability for defects – non-consumer
9. Applicable law, competent court

Annex A. Information on exercising your right of withdrawal

Annex B. Template form for termination/withdrawal

1. Definitions

The following definitions are used in these terms and conditions.

• Seller: Style for Homes BV, registered in the trade register of the Chamber of Commerce under number 58130217, and having its registered address at Robert Schumandomein 2, Maastricht.
• Online Store: the digital environment of Style4Walls.com through which the seller offers goods/services to its customers. Customers can place orders via this digital environment to purchase goods/services from the seller. This digital environment/website also enables consumers to contact the seller.
• Customer: a consumer or business who purchases services or goods via the online store.
• Individual consumer: a natural person acting for purposes outside of their business or professional activities.
• Business: every natural person or every legal entity, or every partnership, personal or otherwise, acting in the course of its profession or business.
• Day: calendar day.
• Cooling-off period: the term of fourteen days within which an individual consumer may exercise their right of withdrawal.
• Right of withdrawal: the option for an individual consumer to withdraw from the distance selling agreement within the cooling-off period of fourteen days.
• Products: the products offered via the online store.
• Services: the services offered via the online store.
• Account: the account customers may create to use the online store.
• Orderform: the form integrated into the online store that customers may use to place an order.
• Order: an order placed by the customer in the online store. An order is viewed as a binding offer on the part of the customer. More detail on this is provided in Article 3 of these terms and conditions.

2. Scope of these general terms and conditions

• These general terms and conditions are applicable to all purchases and/or orders customers make or place via the online store.
• By accepting these general terms and conditions, the customer grants their express permission to the seller to perform all necessary actions to deliver the goods and services ordered.
• The customer also grants their express consent to the collection, processing, and analysis of their personal and other data, as specified in the privacy policy of the seller. A customer may withdraw the consent they have granted at any time by deleting their account.
• The application of any general terms and conditions of the customer is expressly excluded, unless agreed otherwise.

3. Orders, offers, and acceptance

• The product and service descriptions shown in the online store do not constitute a binding offer by the seller; instead, they serve to invite the customer to submit a binding offer.
• By placing an order, the customer submits a binding offer. This offer becomes binding once the customer has placed the selected goods and/or services in their virtual shopping basket and has run through/completed the digital ordering procedure.
• The seller may accept the customer’s offer within seven days:

1. by sending the customer an order confirmation in text format (such as fax or e-mail), and/or;
2. by delivering the items ordered to the customer, and/or;
3. by asking the customer for payment following delivery of an order.

• An agreement between the seller and the customer is established once one of the conditions listed in Article 3.3 above has been fulfilled. If the seller does not accept the order placed by the customer within the stated term of seven days, this will constitute a rejection of the order.
• The term in which the seller may accept an order expires at the end of the seventh day after the order was submitted.
• If the seller fulfils one of the conditions listed in Article 3.3 outside of the period of seven days, an agreement will still be established, albeit only if the customer does not notify the seller that they are withdrawing the order within three days of the applicable condition in Article 3.3. This clause only pertains to a situation in which the seller does not accept an order via a method listed in Article 3.3 within seven days.
• The process of supplying contact details and maintaining contact with the customer will occur via e-mail and automatic order processing. The customer must ensure that the e-mail address they provide when ordering is correct. The customer must also ensure that any spam filters do not prevent the order or any associated messages from going through.
• In order to deliver orders, the seller must collect, process, and analyse the personal data of customers. The privacy policy provides more detail on the ways in which personal and other data collected are used. The purposes for processing these data are also listed in the privacy policy. The privacy policy forms an integral part of these general terms and conditions and can be viewed on the website of the online store.
• The seller must ensure that the goods delivered comply with the agreement, as set out in Book 7 Article 17 of the Dutch Civil Code.

4. Right of withdrawal

• The provisions of this Article are only applicable to customers who are individual consumers. Where this Article refers to consumers or customers, it refers to customers who are individual consumers.
• As part of an agreement relating to the purchase of a product, consumers may exercise their right of withdrawal within a cooling-off period of fourteen days. This period starts as soon as the individual consumer has received the product.
• If a customer chooses to exercise their right of withdrawal, the return shipping fees will be for the account of the customer. To offer the best possible service, customers are asked to return the products in their original packaging, with their compete contents, and, as far as possible, in an unused state. The return address can be found on the website, and in Annex A to these general terms and conditions.
• The fourteen-day cooling-off period for services ordered via the online store starts from the day the agreement is established.
• During the cooling-off period, consumers must handle the product and its packaging with all due care. They must only unpack or use the product to the extent necessary to identify the nature, the characteristics, and the functionality of the product. As a basic principle, consumers may only handle and inspect a product to the extent they would be able to in a physical store.
• Consumers are only liable for loss of value of a product resulting from a manner of handling the product that exceeds what is permitted under Article 4.5.
• Consumers are not liable for loss of value of a product if the seller has not provided them with all legally required information about their right of withdrawal prior to or upon conclusion of the agreement.
• For more detail on the right of withdrawal, please refer to Annex A of these general terms and conditions. When exercising their right of withdrawal, consumers may use the European Template Form enclosed with these general terms and conditions under Annex B.

5. Prices and payment terms

• The prices shown by the seller in the online store are total amounts that include the statutory sales tax. Any delivery or shipping costs will be listed separately in the relevant product descriptions.
• In the event of delivery to countries outside of the European Union, additional costs may be charged to the customer in some cases. Without limitation, examples of these costs include the cost of monetary transactions by financial service providers (such as fees for transfers and currency conversion) or import duties and taxes (such as customs charges).
• The customer must use one of the payment options offered in the online store. Insofar as not specified otherwise in the agreement or general terms and conditions, the amounts owed by the customer must be paid within fourteen days from the date the order was placed, or if the customer is an individual consumer, within fourteen days from the start of the cooling-off period.
• If the customer opts for advance payment as a payment method, the amount must be paid immediately upon completion of the order.
• If the customer opts to pay via PayPal, payment will be made via the payment provider PayPal (Europe) Sarl et Cie SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, Luxembourg, in accordance with the applicable user terms and conditions of PayPal.
• If the customer opts to pay via iDEAL, the customer authorizes their bank affiliated with the iDEAL payment system to perform the payment instructions. Once these payment instructions have been authorized, the invoice amount will be withdrawn from the account of the customer and transferred to the account of the seller. The seller will be notified immediately of successful payment.

6. Terms and conditions of delivery and shipping

•  Insofar as not agreed otherwise, delivery of the goods will take place by shipping the goods to the delivery address provided by the customer. The delivery address specified while placing the order will be used for completing the transaction. However, if the customer opts to pay via PayPal, the address provided by the customer during payment via PayPal will be used.
• For goods delivered by a courier, the goods will be delivered up to the public road that is located closest to the delivery address, insofar as the shipping information of the online store of the seller does not specify otherwise and insofar as nothing else has been agreed.
• If the transport company returns the goods shipped to the seller because delivery to the customer could not be made, the customer will bear the cost of this unsuccessful shipment. This does not apply when the customer is not at fault for the failed delivery, or when the customer was temporarily prevented from accepting the offer, unless the seller notified the customer of delivery within a reasonable term.
• Unfortunately, for logistical reasons, it is not possible to collect orders in person.

7. Liability for defects - consumer

• The provisions of this Article only relate to customers who are individual consumers.
• Individual consumers must notify the seller of any defect to a product purchased within two months of the discovery thereof. The limitation period for complaints in relation to defects is two years from discovery of the defect.
• The liability of the seller is limited to the amount or amounts the seller can claim under the liability insurance it has concluded, including the excess applicable to the seller in relation to this insurance. If the liability in question is not covered by this insurance, compensation will be limited to the purchase amount of the order in question. The seller is not exempt from liability if the damage is caused by an intentional act or deliberate recklessness of the seller.
• The seller also cannot be held liable for any consequential damage caused by a defect in the products or services delivered. Obtaining insurance against this liability entails premiums of such height that the seller would no longer be able to offer competitive prices.
• In case of any defect in the sense of Section 3 of Title 3 of Book 6 of the Dutch Civil Code, the seller cannot be held liable for the damage as referred to in that section, unless:
  1. the seller was aware or should have been aware of the safety defect;
  2. the seller has made a promise regarding the absence of the defect;
  3. the defect has caused property damage to another item as referred to in Book 6 Article 190 of the Dutch Civil Code of less than 500 euros.

8. Liability for defects – non-consumer

• Except in case of an intentional act or deliberate recklessness, the seller cannot be held liable for damage caused by defects to the products or services delivered or for damage associated with the agreement, the order, and/or delivery in any other way.
• This Article is not applicable to customers who are individual consumers.

9. Applicable law, competent court

• The application of the Vienna Sales Convention is excluded.
• In the first instance, the court of Limburg at Maastricht is exclusively competent to hear any disputes arising from agreements, orders, or all other events in relation to the online store. The court of ’s-Hertogenbosch is exclusively competent in case of any appeal. This Article does not preclude the option of a cassation appeal. If a cassation appeal is lodged, the Supreme Court of the Netherlands will decide which court the case is to be referred to.
• If the customer is an individual consumer with a place of residence outside the Netherlands, but within the European Union, the competent court will be designated in accordance with the Brussels I bis regulation (Regulation (EU) No. 1215/2012).
• The laws of the Netherlands are exclusively applicable to all agreements, legal relationships, and orders between customers and the seller, regardless of the place of origin of the customer.
• For customers who are individual consumers and who do not reside or are not domiciled in the Netherlands, but who do live within the European Union or have their actual place of residence there, it is stipulated that they are entitled to any mandatory protective provisions from the country where they live or have their actual place of residence.
• The seller is under no obligation to participate in any dispute settlement procedure of a consumer complaints committee.