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TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS Tableware Amsterdam E-mail: contact@tableware.amsterdam
Website: www.tableware.amsterdam

1. Tableware Amsterdam: Tableware Amsterdam, established in Amsterdam, Chamber of Commerce no. 75653206.

2. Customer: the party which Tableware Amsterdam has entered into an agreement with.
3. Parties: Tableware Amsterdam and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

 

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Tableware Amsterdam.

  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of

    the customer or of third parties.

 

Payments and payment term

  1. Products are immediately paid for.

  2. Tableware Amsterdam may, at the conclusion of the agreement, require a down payment of up to 100% of the agreed

    amount.

  3. The customer must pay invoices of Tableware Amsterdam directly in store, unless parties have made other

    agreements about this or if the invoice has a different payment term.

  4. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed

    amount at the latest on the last day of the payment term, he is legally in default, without Tableware Amsterdam having to send the customer a reminder or to put him in default.

  5. Tableware Amsterdam reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
     

Consequences of late payment

  1. If the customer does not pay within the agreed term, Tableware Amsterdam is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.

  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Tableware Amsterdam.

  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.

  4. If the customer does not pay on time, Tableware Amsterdam may suspend its obligations until the customer has met

    his payment obligation.

  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims

    of Tableware Amsterdam on the customer are immediately due and payable.

  6. If the customer refuses to cooperate with the performance of the agreement by Tableware Amsterdam, he is still

    obliged to pay the agreed price to Tableware Amsterdam.
     

Right of recovery of goods

  1. As soon as the customer is in default, Tableware Amsterdam is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

  2. Tableware Amsterdam invokes the right of recovery by means of a written or electronic announcement.

  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return

    the products concerned to Tableware Amsterdam, unless the parties agree to make other arrangements about this.

  4. The costs for the collection or return of the products are at the expense of the customer.
     

Right of withdrawal

  1. At Tableware all sales are final.
     

Reimbursement of delivery costs

  1. If the purchase costs and are eligible for reimbursement according to the law, Tableware Amsterdam will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Tableware Amsterdam in time.
     

Right of retention

  1. Tableware Amsterdam can appeal to his right of retention of title and in that case retain the products sold by Tableware Amsterdam to the customer until the customer has paid all outstanding invoices with regard to Tableware Amsterdam, unless the customer has provided sufficient security for these payments.

  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Tableware Amsterdam.

  3. Tableware Amsterdam is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Tableware Amsterdam with any claim on Tableware Amsterdam.


Retention of title

  1. Tableware Amsterdam remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Tableware Amsterdam under whatever agreement with Tableware Amsterdam

    including of claims regarding the shortcomings in the performance.

  2. Until then, Tableware Amsterdam can invoke its retention of title and take back the goods.

  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise

    encumber the products.

  4. If Tableware Amsterdam invokes its retention of title, the agreement will be dissolved and Tableware Amsterdam

    has the right to claim compensation, lost profits and interest.


Delivery

  1. Delivery takes place while stocks last.

  2. Delivery takes place at Tableware Amsterdam unless the parties have agreed upon otherwise.

  3. Delivery of products ordered online takes place at the address indicated by the customer.

  4. If the agreed price is not paid on time, Tableware Amsterdam has the right to suspend its obligations until the agreed

    price is fully paid.

  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery

    by Tableware Amsterdam.


Delivery period

  1. Any delivery period specified by Tableware Amsterdam is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Tableware Amsterdam.

  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Tableware Amsterdam cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.


Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.


Transport costs

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.


Packaging and shipping

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Tableware Amsterdam may not be held liable for any damage.

  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Tableware Amsterdam, failing which Tableware Amsterdam cannot be held liable for any damage.


Insurance

  1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:

    goods delivered that are necessary for the execution of the underlying agreement
    goods being property of Tableware Amsterdam that are present at the premises of the customer goods that have been delivered under retention of title

  2. At the first request of Tableware Amsterdam, the customer provides the policy for these insurances for inspection.


Storage

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.

  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.


Guarantee

  1. Tableware Amsterdam (KVK 75653206) sells second-hand tableware for which the warranty period provided at the time of the first (store) sale has long since expired. These are products with a history of use unknown to us. You therefore purchase products in the condition they are in. Tableware Amsterdam therefore gives no guarantee on the products it purchases. Title and risk to the goods shall pass to the buyer upon delivery. The seller is neither contractually nor extra-contractually liable for damage suffered by the buyer that could be the result of any defects in the goods delivered on the basis of or as a result of this agreement, except in the case of intent or deliberate recklessness on the part of the seller. 


Performance of the agreement

  1. Tableware Amsterdam executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

  2. Tableware Amsterdam has the right to have the agreed services (partially) performed by third parties.

  3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the

    possibly agreed advance by the customer.

  4. It is the responsibility of the customer that Tableware Amsterdam can start the implementation of the agreement on

    time.

  5. If the customer has not ensured that Tableware Amsterdam can start the implementation of the agreement in time,

    the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer

  1. The customer shall make available to Tableware Amsterdam all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.

  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.

  3. If and insofar as the customer requests this, Tableware Amsterdam will return the relevant documents.

  4. If the customer does not timely and properly provides the information, data or documents reasonably required by

    Tableware Amsterdam and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
     

Intellectual property

  1. Tableware Amsterdam retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.

  2. The customer may not copy or have copied the intellectual property rights without prior written permission from Tableware Amsterdam, nor show them to third parties and / or make them available or use them in any other way.
     

Confidentiality

  1. The client keeps any information he receives (in whatever form) from Tableware Amsterdam confidential.

  2. The same applies to all other information concerning Tableware Amsterdam of which he knows or can reasonably

    suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Tableware

    Amsterdam.

  3. The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2

    secret.

  4. The obligation of secrecy described in this article does not apply to information:

    which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
    which is made public by the customer due to a legal obligation

  5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.
     

Penalties

  1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Tableware Amsterdam an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.

  2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.

  3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Tableware Amsterdam including its right to claim compensation in addition to the fine.
     

Indemnity

The customer indemnifies Tableware Amsterdam against all third-party claims that are related to the products and /or services supplied by Tableware Amsterdam.
 

Complaints

  1. The customer must examine a product or service provided by Tableware Amsterdam as soon as possible for possible shortcomings.

  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Tableware Amsterdam of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.

  3. Consumers must inform Tableware Amsterdam of this within two months after detection of the shortcomings.

  4. The customer gives a detailed description as possible of the shortcomings, so that Tableware Amsterdam is able to

    respond adequately.

  5. The customer must demonstrate that the complaint relates to an agreement between the parties.

  6. If a complaint relates to ongoing work, this can in any case not lead to Tableware Amsterdam being forced to

    perform other work than has been agreed.
     

Giving notice

1. The customer must provide any notice of default to Tableware Amsterdam in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Tableware Amsterdam (in time).

 

Joint and several Client liabilities

If Tableware Amsterdam enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Tableware Amsterdam under that agreement.
 

Liability of Tableware Amsterdam

  1. Tableware Amsterdam is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.

  2. If Tableware Amsterdam is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

  3. Tableware Amsterdam is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.

  4. If Tableware Amsterdam is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
     

Expiry period

Every right of the customer to compensation from Tableware Amsterdam shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
 

Dissolution

  1. The customer has the right to dissolve the agreement if Tableware Amsterdam imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

  2. If the fulfillment of the obligations by Tableware Amsterdam is not permanent or temporarily impossible, dissolution can only take place after Tableware Amsterdam is in default.

  3. Tableware Amsterdam has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Tableware Amsterdam good grounds to fear that the customer will not be able to fulfill his obligations properly.
     

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Tableware Amsterdam in the fulfillment of any obligation to the customer cannot be attributed to Tableware Amsterdam in any situation independent of the will of Tableware Amsterdam, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Tableware Amsterdam .

  2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

  3. If a situation of force majeure arises as a result of which Tableware Amsterdam cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Tableware Amsterdam can comply with it.

  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

  5. Tableware Amsterdam does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
     

Changes in the general terms and conditions

  1. Tableware Amsterdam is entitled to amend or supplement these general terms and conditions.

  2. Changes of minor importance can be made at any time.

  3. Major changes in content will be discussed by Tableware Amsterdam with the customer in advance as much as

    possible.

  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and

    conditions.
     

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with Tableware Amsterdam to third parties without the prior written consent of Tableware Amsterdam.

  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
     

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.

  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Tableware Amsterdam had in mind when drafting the conditions on that issue.
     

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties. 2.

2. The Dutch court in the district where Tableware Amsterdam is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
 

Attribution

Drawn up on 01 januari 2023.

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