General Terms and Conditions – Business

(English translation of version of April 2019, Dutch version registered at the Chamber of Commerce)
Print General Terms and Conditions

Index:
Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - The price
Article 7 - Cancellation
Article 8 - Compliance with agreement and guarantee
Article 9 - Delivery and implementation
Article 10 - Duration transactions: duration, cancellation and extension
Article 11 - Payment
Article 12 - Retention of title
Article 13 - Liability
Article 14 - Non-attributable shortcoming (force majeure)
Article 15 - Intellectual Property Rights
Article 16 - Complaints
Article 17 - Disputes

 

Article 1 - Definitions

The following definitions apply in these Terms and Conditions:

  1. Day: calendar day;
  2. Digital content: data that is produced and delivered in digital form;
  3. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  4. Sustainable data carrier: any tool - including e-mail - that enables the Customer or Entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is geared to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
  5. Customer: the natural or legal person who acts in the exercise of his profession or business;
  6. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to Customers, being Solits V.O.F .;
  7. Distance agreement: an agreement concluded between the Entrepreneur and the Customer within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
  8. In writing: In these Terms and Conditions, "written" also means communication by e-mail, provided that the identity of the sender and the integrity of the e-mail are sufficiently established;
  9. Technology for distance communication: means that can be used for concluding an agreement, without the Client and Entrepreneur having to come together in the same room at the same time;
  10. Terms and Conditions: The general conditions for business Customers of Entrepreneur contained in this document; and
  11. Website: The webshops of the Entrepreneur on which products and services are offered that can be purchased by Customers and that are available via www.sokkel.nl, www.solits.eu, www.sokkel.be, www.socles.fr, www.plinths.co.uk, www.sockelundsaeulen.de, www.sockelundsaeulen.ch, www.sockelundsaeulen.at, www.podierogmontrer.dk, www.podierochmontrar.se, www.peanasypedestales.es.

Article 2 - Identity of the Entrepreneur

Name Entrepreneur: Solits, Acting under the name / names: Solits V.O.F.
Location address:
Linnewever 5
2292 JG Wateringen
The Netherlands
Telephone number: 00 31 (0)174 88 16 88  / 00 44 (0)20 7267 2421
Telephone accessibility: From Monday to Friday from 9 a.m. to 17.00 p.m.

E-mail address: info@plinths.co.uk
Website: www.plinths.co.uk

Chamber of Commerce number: 30175883
VAT-number: NL812632382B01

Article 3 - Applicability

  1. These Terms and Conditions apply to every offer from the Entrepreneur and to every Distance agreement concluded between the Entrepreneur and the Client.
  2. If the Client includes provisions or conditions that deviate from, or do not appear in, the Terms and Conditions in its order, confirmation or communication, then these are only binding on the Entrepreneur if and insofar as the Entrepreneur has explicitly accepted them in writing.
  3. Before the Distance agreement is concluded, the text of these Terms and Conditions is made available to the Customer. If this is not reasonably possible, the Entrepreneur will indicate before the Distance agreement is concluded, how the Conditions can be viewed by the Entrepreneur and that they will be sent free of charge as soon as possible at the request of the Customer.
  4. If the Distance agreement is concluded electronically, contrary to the previous paragraph and before the Distance Agreement is concluded, the text of these Terms and Conditions may be made available to the Customer electronically in such a way that it is provided by the Customer and can be stored in a simple way on a Sustainable data carrier. If this is not reasonably possible, before the Distance agreement is concluded, it will be indicated where the Conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the Customer.
  5. In the event that specific product or service conditions apply in addition to these Terms and Conditions, the third and fourth paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions, the Customer may always invoke the applicable provision that is most favorable to him.
  6. If a provision in these Terms and Conditions proves to be void, this does not affect the validity of the entire Terms and Conditions. The parties will in that case replace (a) new provision (s), which will give shape to the intention of the original provision as much as legally possible.

Article 4 - The offer

  1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content 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, these are a true representation of the products, services and / or digital content offered.
  3. The content of the Website and the offer have been compiled with the greatest care. Entrepreneur cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices, the offer and other information on the Website and in other materials originating from the Entrepreneur are therefore subject to obvious programming and typing errors.
  4. Images, drawings, price lists and the like provided by Entrepreneur remain the property of Entrepreneur and may not be copied or disclosed to third parties without their prior written permission.

Article 5 - The agreement

  1. The agreement is concluded at the moment of acceptance by the Customer of the offer and the fulfillment of the corresponding (payment) obligations.
  2. If the Client has accepted the offer electronically, the Entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Client can terminate the agreement.
  3. If an offer is accepted by the Customer, the Entrepreneur has the right to revoke the offer within 3 working days of receiving the acceptance. The Entrepreneur immediately informs the Client of such a cancellation.
  4. If the agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the Client can pay electronically, the Entrepreneur will take appropriate security measures.
  5. If it appears that the customer provided incorrect information when accepting or otherwise entering into the agreement, the Entrepreneur has the right to fulfill his obligation only after the correct information has been received.
  6. If, after 5 working days after placing the order, the Client wishes its data to be adjusted, such as the VAT number or the name, the Entrepreneur will charge € 25 excluding VAT for this.
  7. For work for which, due to its nature and scope, no quotes or order confirmation is sent, the invoice is also considered to be the agreement between the parties, which is also deemed to accurately and completely reflect the agreement.
  8. Changes and / or additions to the agreement can only be agreed in writing.
  9. The Entrepreneur is entitled, upon or after entering into an agreement, before (further) performance, to demand security from the Customer that both payment and other obligations will be met.
  10. The Entrepreneur can inform himself within the available legal frameworks of whether the Customer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the Distance agreement. If the Entrepreneur on the basis of this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation. The Entrepreneur who refuses the application on the basis of the investigation or sets special conditions thereto, shall inform the Client of this as soon as possible but no later than within 3 Days after the conclusion of the agreement, stating reasons.

Article 6 - The price

  1. All prices stated on the Website and in other materials originating from the Entrepreneur are exclusive of VAT (unless stated otherwise) and unless stated otherwise on the Website, excluding other taxes imposed by any government.
  2. Contrary to the previous paragraph, the Entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the Entrepreneur has no influence. In this case, the link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
  3. Entrepreneur has the right to change the agreed prices from two weeks after the conclusion of the agreement. The Client who does not agree with the change has the right to cancel the agreement without any costs for this being charged to him by the Entrepreneur.
  4. For goods that the Client wants to be sent, the Entrepreneur uses a minimum order amount of € 50 excluding VAT and excluding shipping costs.
  5. Any additional costs, such as delivery costs and payment costs, are stated on the Website and in any case shown in the ordering process.

Article 7 - Cancellation

If the Customer cancels the agreement, the following cancellation costs will be charged:
€ 25 excluding VAT administration costs and:

If the Customer cancels an order for more than 48 hours after the conclusion of the agreement and the products are included in the basic assortment on the Entrepreneur's Website
the cancellation costs amount to 20% of the agreed price.
If the Customer cancels an order whereby the ordered products are tailor-made for the Customer and production has already started, the cancellation costs amount to 50% of the agreed price.

Article 8 - Compliance with agreement and guarantee

  1. Entrepreneur guarantees that the products, services and digital content 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 provisions and / or government regulations.
  2. If the delivered product, service or digital content does not comply with the agreement (defective or defective delivery), then the Client must inform the Entrepreneur of this within 3 working days after he could reasonably have discovered this. If the Client does not do this, he can no longer claim any form of repair, replacement, compensation and / or refund in respect of this defect.
  3. If the Entrepreneur considers a complaint to be justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer. Entrepreneur can thereby refer Customer to a manufacturer or supplier.
  4. Entrepreneur only guarantees what has been delivered if any defect is the direct result of material and construction defects and such defect has been notified to Entrepreneur in writing within six months of the invoice date.
  5. If the Customer wants to return the product, based on the provisions of this article, the Customer can return the products. If repayment of amounts already paid in advance is made, the Entrepreneur will refund these amounts within 30 Days of receiving the products. Return shipments from Customer to Entrepreneur are for the account and risk of Customer.
  6. It is possible that manufacturers and / or suppliers offer their own guarantees. These guarantees are not offered by the Entrepreneur. If the Entrepreneur chooses this, he can mediate in invoking these guarantees by the Customer.

Article 9 - Delivery and implementation

  1. As soon as the order has been received by the Entrepreneur (see article 5), the Entrepreneur will send the products as soon as possible, with due observance of the provisions of paragraph 3 of this article.
  2. Entrepreneur is entitled to engage third parties to perform the obligations arising from the agreement.
  3. The delivery period per product is a specific period, which is clearly displayed on the Website or at the conclusion of the agreement. The choice of carrier will be made by Entrepreneur.
  4. Products heavier than 25 kg or of sensitive material such as (plexi) glass are sent on a pallet. The pallet is delivered in front of the door and will have to be transported inside by the Customer itself, whereby packaging materials must be removed by the Customer.
  5. Delivery times are always approximate and are not strict deadlines. If the Entrepreneur is unable to deliver the products within the agreed period, he shall inform the Client thereof with a statement of the expected new delivery period. If the Entrepreneur also exceeds that delivery period, the Client is only entitled to claim compensation that is at most equal to the invoice value excluding VAT of the goods ordered if the late or non-delivery is due to intent or gross negligence of the Entrepreneur. Immediately after his notification of late or non-delivery, the Customer informs the Entrepreneur whether he still wants to fulfill the agreement or wishes to dissolve it.
  6. Unless explicitly agreed otherwise, the risk of the products to be delivered will pass to the Customer as soon as they have been delivered to the specified delivery address. If the Customer decides to collect the products, the risk passes when the products are transferred.
  7. If the Customer or the third party designated by him at the agreed delivery time is not present at the delivery address to receive the products, the Entrepreneur is entitled to return the products. At additional costs, the Entrepreneur will offer the products to the Customer again at a different time and / or another Day to be determined in consultation with the Customer. If delivery proves impossible, the payment obligation will not be canceled and any additional costs, including for the return shipment, will be charged to the Customer. Costs incurred by the Entrepreneur due to delay caused by the Customer are charged to the Customer.
  8. If the ordered item is no longer available, the Entrepreneur will endeavor to offer the Client a similar product of similar quality. Customer is then entitled to terminate the agreement free of charge.

Article 10 - Duration agreements: duration, cancellation and extension

Cancellation:

  1. The Customer may terminate an agreement that has been concluded for an indefinite period of time and that extends to the regular delivery of products (including electricity), digital content or services, with due observance of the agreed termination rules and a notice period of two months.
  2. The Customer may at all times terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity), digital content or services, subject to the agreed termination rules and a cancellation period of two months.
  3. The Client can only terminate the agreements referred to in the previous paragraphs in writing.

Extension:

  1. An agreement that has been entered into for a definite period of time and that extends to the regular delivery of products (including electricity), digital content or services, is tacitly extended for the same duration as the initially determined period.
  2. The aforementioned cancellation periods apply accordingly for cancellations by the Entrepreneur.

Article 11 - Payment

  1. The Client must make payments to the Entrepreneur in accordance with the payment methods specified in the order procedure and possibly on the Website. Entrepreneur is free in the choice of offering payment methods and these may also change from time to time.
  2. If it has been agreed to pay on account, payment must be made within 30 Days of the invoice date, unless otherwise agreed.
  3. Unless otherwise stated, the following down payment obligation applies:
  4. Customer must pay 50% of the order amount before the agreed delivery time starts.
  5. If the Customer does not meet his payment obligation (s) in time, he is immediately in default by operation of law without a notice of default being required. The Entrepreneur has the right to increase the amount due with the statutory interest and the Entrepreneur is entitled to charge the Client for extrajudicial collection costs and any procedural costs incurred by him.

Article 12 - Retention of title

  1. As long as the Customer has not made a full payment for the entire agreed amount, all delivered goods remain the property of the Entrepreneur.
  2. The Client is obliged to store the goods that have been delivered under retention of title with due care and as recognizable property of the Entrepreneur.

Article 13 - Liability

  1. Subject to intent or gross negligence, the Entrepreneur's total liability towards the Client for attributable failure to perform the agreement is limited to reimbursement of at maximum the price stipulated for that agreement (including VAT). If there is a Duration agreement, the said liability is limited to reimbursement of the amount that the Customer owed to the Entrepreneur in the 3 months prior to the damage-causing fact.
  2. Liability of the Entrepreneur vis-à-vis the Client for indirect damage, including in any case - but explicitly not exclusively - consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
  3. The previous paragraphs do not apply to damage suffered by the Customer in the resale by the Customer of the products purchased from the Entrepreneur to consumers, as a result of the latter exercising its rights against the Customer due to a shortcoming in those products.
  4. Insofar as compliance is not already permanently impossible, the liability of the Entrepreneur towards the Client arises due to imputable failure in the performance of an agreement only after the Client has immediately and properly notified the Entrepreneur in writing, thereby stipulating a reasonable period for the purification of the shortcoming, and the Entrepreneur continues to fall short in the fulfillment of its obligations even after the expiry of that period. The notice of default must contain as detailed a description as possible of the shortcoming, so that the Entrepreneur is able to respond adequately.
  5. The condition for the existence of any right to compensation is always that the Customer reports the damage to the Entrepreneur in writing as soon as possible, but no later than within 14 Days.
  6. In the event of force majeure, the Entrepreneur is not obliged to compensate for any damage caused thereby to the Customer.
  7. Technical advice and information about the processing and application possibilities of products are provided to the Customer by the Entrepreneur to the best of its knowledge and efforts, as well as to the state of the art, without obligation of results and without any liability on the part of the Entrepreneur. The Entrepreneur is never liable for the material specifications made by him.

Article 14 - Non-attributable shortcoming (force majeure)

  1. Force majeure exists if the performance of the agreement is prevented in whole or in part, temporarily or otherwise, by circumstances beyond the control of the parties and / or by circumstances on the part of the Entrepreneur such as strikes, personnel problems, transport problems, weather conditions including non-performance by suppliers from whom the Entrepreneur purchases something.
  2. In case of a force majeure event, the obligations of the parties are suspended. If the force majeure event lasts longer than three months, each of the two parties to the agreement will be entitled to dissolve the agreement by giving a written statement to the other party for the part of it that has not yet been carried out, without being obliged to pay any other compensation.
  3. If, upon commencement of the force majeure event, the Entrepreneur has already partially fulfilled its obligations, or can only partially meet its obligations, it is entitled to invoice the executed or executable part separately and the client is obliged to pay this invoice as if it concerned a separate agreement.

Article 15 - Intellectual Property Rights

  1. If the assignment entails that a work is delivered in the meaning of the Copyright Act 1912 (Auteurswet 1912) or the Uniform Benelux Act on Drawings and Models (Beneluxwet inzate tekeningen of modellen), the copyright, drawing and / or design rights will remain with the Entrepreneur.
  2. The Client is expressly prohibited from reproducing or publishing works supplied by the Entrepreneur in a manner that is incompatible with the scope of the agreement. Neither is the Client permitted to establish a patent for the benefit of a business supplied by the Entrepreneur, to deposit it as a drawing, model or as (part of) a logo.

Article 16 - Complaints

  1. Entrepreneur has a sufficiently documented complaints procedure and deals with complaints under this procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the Entrepreneur within three working days after the Customer has discovered the defects.
  3. 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 respond within the period of 14 Days with a message of receipt and an indication when the Customer can expect a more detailed answer.

Article 17 - Disputes

  1. Dutch law applies exclusively to agreements between the Entrepreneur and the Customer to which these Terms and Conditions apply.
  2. These Terms and Conditions are governed by Dutch law.
  3. These Terms and Conditions are translated into several languages to enable all Customers to easily read and understand these Terms and Conditions. In case of inconsistencies between the Dutch version of these Terms and Conditions and any translation thereof, the Dutch version will always prevail.
  4. Should disputes arise as a result of the agreement that cannot be settled amicably, these will be submitted to the competent court of the district where the Entrepreneur is established. Entrepreneur and Customer can agree to settle their disputes by means of binding advice or arbitration.

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General Terms and Conditions of Sale and Delivery - private

General Terms and Conditions of Thuiswinkel

These General Terms and Conditions of the Dutch Thuiswinkel Organisation were drawn up in consultation with the Consumentenbond consumers’ association within the framework of the Self-Regulation Co-ordination Group (CZ) of the Social and Economic Council and will become operable as of 1 January 2011.

These General Conditions shall be used by all members of the Dutch Thuiswinkel Organisation with the exception of financial services pursuant to the Financial Supervision Act (Wft) and as far as these services are subject to supervision by the Netherlands Authority for Financial Markets (AFM).

Contents:

    • Article 1 – Definitions

    • Article 2 – Identity of the company

    • Article 3 – Applicability

    • Article 4 - The offer

    • Article 5 - The contract

    • Article 6 - Right of withdrawal

    • Article 7 - Costs in a case of withdrawal

    • Article 8 - Exclusion of the right of withdrawal

    • Article 9 - The price

    • Article 10 - Conformity and warranty

    • Article 11 - Delivery and execution

    • Article 12 - Long-term transactions

    • Article 13 - Payment

    • Article 14 - Complaint handling

    • Article 15 - Disputes

    • Article 16 - Branch guarantee

    • Article 17 – Additional and contrary provisions

    • Article 18 - Amendment to the general terms and conditions of Thuiswinkel

Article 1 – Definitions

The following definitions apply in these terms and conditions:

  1. Cooling-off period: the period during which the consumer may make use of his right of withdrawal
  2. Consumer: the natural person who does not act in the carrying out of a profession or a business and enters into a distance contract with the company
  3. Day: calendar day
  4. Long-term transaction: a distance contract relating to a series of products and/or services of which the obligation to deliver and/or purchase is spread over time
  5. Sustainable data carrier: any means by which the consumer or the company can record his personal information in such a way as to enable its future consultation and unchanged reproduction
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period
  7. Company: the natural or legal person offering the distance products and/or services to consumers
  8. Distance contract: an agreement whereby use is made exclusively of one or more distance communication techniques in the context of a system organised by the company for distance sales of products and/or services up to and including closing the agreement
  9. Remote communication technique: a means that can be used for closing an agreement without consumer and company meeting one another

Article 2 - Identity of the company

Company’s name: Solits VOF
Trading under the name/names: Solits

Registered address & visiting address:
Zwethkade Zuid 4
2635 CT Den Hoorn
The Netherlands

Office hours:
From Monday till Friday, from 8:00 till 18:00
Email address: info@pedestalwebshop.co.uk

Chamber of Commerce reg. no.: 30175883
VAT ID no.: NL812632382B01

Should the activity of the company be subject to a relevant licensing system: the data of the supervising authority

Should the company practice a regulated profession:

  • the professional association or organisation with which it is affiliated
  • the professional title, the town/city in the EU or EEA where this was granted
  • a reference to the professional rules that apply in the Netherlands and instructions as to where and how these professional rules can be accessed

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the company and to every distance contract that is realised between the company and a consumer.
  2. Prior to the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the company will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the company’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a sustainable data carrier. If this is not reasonably possible, then before concluding the distance contract, the company will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer, free of charge, either electronically or in some other way.
  4. In cases where specific product- or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favourable to him in the event of conflicting general terms and conditions.

Article 4 – The offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the company makes use of illustrations, these will be a true representation of the products and/or services being offered. The company is not bound by obvious errors or mistakes in the offer.
  3. Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
  • the price, including taxes
  • any costs of delivery
  • the way in which the contract shall be concluded and which actions this will require
  • whether or not the right of withdrawal applies
  • the method of payment, delivery or implementation of the contract
  • the period for accepting the offer, or the period for adhering to the price
  • the size of the tariff for remote communication, if the costs of using the remote communication technique are calculated on some other basis than the basic tariff
  • if a contract is filed subsequent to its conclusion, the way in which this can be accessed by the consumer
  • the way in which the consumer can obtain information about actions he does not wish to undertake before concluding a contract, as well as the way he can rectify these before the contract is concluded
  • the languages in which, in addition to Dutch, the contract can be concluded
  • the codes of conduct to which the company is subject and the way in which the consumer can consult these codes of conduct electronically
  • the minimum duration of the distance contract, in the case of a long-term transaction

Article 5 – The contract

  1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
  2. If the consumer has accepted the offer electronically, the company will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed.
  3. If the contract is concluded electronically, the company will take suitable technical and organisational measures to secure the electronic transfer of data and it will ensure a secure web environment. If the consumer is able to pay electronically, the company will take suitable security measures.
  4. The company may obtain information – within the framework of the laws in force – about the consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that investigation gives the company proper grounds for declining to conclude the contract, then it has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
  5. Together with the product or service, the company will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an sustainable data carrier:
    1. the office address of the company’s business location where the consumer can lodge complaints
    2. the conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal
    3. information about guarantees and after-sales service
    4. the data included in article 4, paragraph 3 of these conditions, unless the company has already provided the consumer with these prior to concluding the contract
    5. the requirements for terminating the contract, if the duration of the contract exceeds one year or is of indefinite duration
  6. In the case of a long-term transaction, the stipulation in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

Upon delivery of products:

    1. When products are purchased, the consumer can dissolve the agreement, without statement of reason, within 14 days of purchase. The start of this period is on the first day after the receipt of the product by the consumer or a representative previously designated by the consumer and announced to the company.
    2. During this cooling-off period the consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the company, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the company.

Upon delivery of services:

  1. When services are supplied, the consumer can dissolve the agreement, without statement of reason, within 14 days of purchase, starting on the day the contract was concluded.
  2. In order to make use of his right of withdrawal, the consumer will act in accordance with the reasonable and clear instructions that the company provided when the offer was made and/or at the latest upon delivery.

Article 7 – Costs in a case of withdrawal

  1. If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
  2. If the consumer has paid a sum, the company will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.

Article 8 – Exclusion of the right of withdrawal

  1. The company can preclude the consumer from having a right of withdrawal as far is provided for in paragraph 2 and 3 of this article. The preclusion of the right of withdrawal is only valid if the company clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
  2. Preclusion from the right of withdrawal is only possible for products:
    1. that have been created by the company in accordance with the consumer’s specifications
    2. that are clearly of a personal nature
    3. that cannot be returned due to their nature
    4. that are liable to deteriorate or expire rapidly
    5. the price of which is subject to fluctuations on the financial market over which the company has no influence
    6. for individual newspapers and magazines
    7. for audio- and video-recordings and computer software, whereby the consumer has broken the seal
  3. Preclusion from the right of withdrawal is only possible for services:
    1. a)relating to accommodation, transport, restaurant business or leisure activities to be carried out on a given date or during a given period
    2. the supply of which commenced, with the explicit consent of the consumer, before the cooling-off period had lapsed
    3. relating to bets and lotteries

Article 9 - The price

  1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT tariffs.
  2. Contrary to the previous paragraph, the company may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the company has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
  3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
  4. Price increases more than 3 months after the contract was concluded are only permitted if the company stipulated as much and:
    1. they are the result of statutory regulations or stipulations; or
    2. the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
  5. Prices stated in offers of products or services include VAT.

Article 10 – Conformity and warranty

  1. The company guarantees that the products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed, the company also ensures that the product is suitable for other than normal use.
  2. The warranty provided by the company, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the company under the agreement.

Article 11 - Delivery and execution

  1. The company 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 deemed to be the address that the consumer provided to the company.
  3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be executed, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract at no charge and the right to compensation for possible damages.
  4. In the case of dissolution in accordance with the previous paragraph, the company will refund the consumer with the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
  5. Should delivery of a product that has been ordered prove impossible, the company will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to the company.
  6. The risk of damage and/or loss of products is borne by the company up to the moment of delivery to the consumer or a predesignated and announced representative, unless otherwise expressly agreed.

Article 12 - Long-term transactions

  1. The consumer has the right at all times to terminate a contract that has been concluded for an indefinite period of time, taking into consideration the applicable termination rules and a termination period of at the most one month.
  2. The maximum validity of a contract concluded for an indefinite period of time is two years. If the distance contract contains a tacit renewal clause, the contract will be continued as a contract for an indefinite period of time and the maximum period of notice after continuation of the contract will be one month.

Article 13 – Payment

  1. As far as no other date has been agreed, sums payable by the consumer shall be paid within 14 days after the start of the withdrawal period as stipulated in article 6 paragraph 1. In the case of a contract to provide a service this 14 day period begins when the consumer receives the company’s confirmation of the contract.
  2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
  3. The consumer is obliged to report immediately to the company any inaccuracies in payment data provided or stated.
  4. In the event of non-payment on the part of the consumer, the company has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.

Article 14 – Complaint handling

  1. The company has a published complaints procedure and shall handle the complaint in conformity with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the company without delay, described in a complete and comprehensible manner, after the consumer has discovered the defects.
  3. A reply to complaints submitted to the company will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that more time will be required to process the complaint, the company will reply within 14 days, confirming receipt and indicating when the consumer can expect a more extensive response.
  4. A complaint about a product, a service or the company’s service can also be submitted via a complaints form on the consumer’s page of the website of the Dutch Thuiswinkel Organisation, www.thuiswinkel.org. The complaint is then sent to both the company concerned and the Dutch Thuiswinkel Organisation.
  5. If the complaint cannot be resolved in joint consultation, the dispute will become subject to the disputes settlement mechanism.

Article 15 - Disputes

  1. Contracts entered into between the company and the consumer and which are subject to these general terms and conditions are subject only to Dutch law.
  2. Disputes between the consumer and the company over the conclusion or exercising of contracts relating to products and services to be supplied by this company can be brought before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).
  3. A dispute brought before the Disputes Committee will only be dealt with if the consumer has first submitted his complaint to the company without delay.
  4. The dispute shall be submitted to the Thuiswinkel Disputes Committee in writing within three months after the dispute has arisen.
  5. If the consumer decides to submit the dispute to the Thuiswinkel Disputes Committee, the company is bound by this decision. If the company intends to do so, the consumer shall declare in writing, within five weeks after the request for the submission by the company, whether he wants the dispute to be settled by the Thuiswinkel Disputes Committee or a competent judge. If the consumer fails to make this declaration to the company within five weeks, the company is entitled to submit the dispute to a competent judge.
  6. The Thuiswinkel Disputes Committee shall make an award subject to the conditions set out in the rules of procedure of the Thuiswinkel Disputes Committee. The awards of the Thuiswinkel Disputes Committee are to be considered as a binding third-party ruling.
  7. The Thuiswinkel Disputes Committee shall not deal, nor continue to deal, with a submitted dispute if the company is granted suspension of payments, has been declared bankrupt or has de facto stopped its business operations, before the Thuiswinkel Disputes Committee has tried the dispute in a hearing and a final award has been made.
  8. If, in addition to the Thuiswinkel Disputes Committee, another recognised dispute resolution committee or a dispute resolution committee that is affiliated with the Consumer Affairs Dispute Resolution Committees Foundation (SGC, Stichting Geschillencommissies voor Consumentenzaken) or the Financial Services Complaints Board (Kifid, Klachteninstituut Financiële Dienstverlening), is competent, only the Thuiswinkel Disputes Committee is competent in disputes mainly concerning the manner of distance sales and services. For all other disputes the other recognised dispute resolution committee or dispute resolution committee that is affiliated with the SGC or Kifid, shall be competent.

Article 16 – Branch guarantee

  1. The Dutch Thuiswinkel Organisation guarantees the fulfillment of obligations of its members in relation to binding advices imposed on them by the Thuiswinkel Disputes Committee, unless the member decides to put the binding advice before a law court for verification within two months after the date of that advice. In case of law court verification, the suspension of the guarantee will end and the guarantee will come into effect again upon the court ruling becoming final and conclusive, whereby the court has declared that the binding advice has binding effect. Up to a maximum sum of €10,000 per binding advice, the Dutch Thuiswinkel Organisation will pay this sum to the consumer. In case of sums higher than €10,000 per binding advice, the sum of €10,000 will be paid. To the extent the sum is higher than €10,000 the Dutch Thuiswinkel Organisation has the obligation to take reasonable adequate efforts to pursue the member to fulfil the binding advice.
  2. Application of this guarantee requires the consumer to submit a written appeal to the Dutch Thuiswinkel Organisation and to transfer his claim on the company to the Dutch Thuiswinkel Organisation. To the extent the claim against the company exceeds the sum of €10,000, the consumer will be offered the option of transferring his claim against the company in excess of €10,000 to the Dutch Thuiswinkel Organisation, after which this organisation will pursue payment of the consumer’s claim in court in its own name and at its own expense.

Article 17 – Additional and contrary provisions

Additional provisions or provisions contrary to these general terms and conditions shall not prejudice the interests of the consumer and shall be concluded in writing or in such a manner that these can easily be saved on a sustainable data carrier.

Article 18 - Amendment to the general terms and conditions of Thuiswinkel

  1. The Nederlandse Thuiswinkel Organisation will not change these general terms and conditions without consulting the Consumentenbond consumers’ association.
  2. Changes to these general terms and conditions will only enter into force after they are published in the appropriate manner, notwithstanding the fact that in case of changes during the valid period of an offer, the provisions most favourable for the consumer will prevail.

Address of the Dutch Thuiswinkel Organisation: P.O. Box 7001, 6710 CB EDE, The Netherlands

<p><strong>Index:</strong><br>  Article 1 - Definitions<strong></strong><br>  Article 2 - Identity of the Entrepreneur<strong></strong><br>  Article 3 - Applicability<strong></strong><br>  Article 4 - The offer<strong></strong><br>  Article 5 - The agreement<strong></strong><br>  Article 6 - The price<strong></strong><br>  Article 7 - Cancellation<strong></strong><br>  Article 8 - Compliance with agreement and guarantee<strong></strong><br>  Article 9 - Delivery and implementation<strong></strong><br>  Article 10 - Duration transactions: duration, cancellation and extension<strong></strong><br>  Article 11 - Payment<strong></strong><br>  Article 12 - Retention of title<strong></strong><br>  Article 13 - Liability<strong></strong><br>  Article 14 - Non-attributable shortcoming (force majeure)<strong></strong><br>  Article 15 - Intellectual Property Rights<strong></strong><br>  Article 16 - Complaints<strong></strong><br>  Article 17 - Disputes<strong></strong></p><h2> </h2><h2>Article 1 - Definitions </h2><p>The following definitions apply in these Terms  and Conditions:</p><ol>  <li>Day: calendar day;</li>  <li>Digital content: data that  is produced and delivered in digital form;</li>  <li>Duration agreement: an  agreement that extends to the regular delivery of goods, services and / or  digital content during a certain period;</li>  <li>Sustainable data carrier:  any tool - including e-mail - that enables the Customer or Entrepreneur to  store information that is addressed to him personally in a way that future  consultation or use during a period that is geared to the purpose for which the  information is intended and which allows unaltered reproduction of the stored  information;</li>  <li>Customer: the natural or  legal person who acts in the exercise of his profession or business;</li>  <li>Entrepreneur: the natural or  legal person who offers products, (access to) digital content and / or services  to Customers, being Solits V.O.F .;</li>  <li>Distance agreement: an  agreement concluded between the Entrepreneur and the Customer within the  framework of an organized system for distance selling of products, digital  content and / or services, whereby up to and including the conclusion of the  agreement exclusively or partly use is made of one or more techniques for  distance communication;</li>  <li>In writing: In these Terms  and Conditions, "written" also means communication by e-mail,  provided that the identity of the sender and the integrity of the e-mail are  sufficiently established;</li>  <li>Technology for distance  communication: means that can be used for concluding an agreement, without the  Client and Entrepreneur having to come together in the same room at the same  time;</li>  <li>Terms and Conditions: The  general conditions for business Customers of Entrepreneur contained in this  document; and</li>  <li>Website: The webshops of the Entrepreneur on which products and  services are offered that can be purchased by Customers and that are available  via <a href="http://www.sokkel.nl">www.sokkel.nl</a>, <a href="http://www.solits.eu">www.solits.eu</a>, <a href="http://www.sokkel.be">www.sokkel.be</a>, <a href="http://www.socles.fr">www.socles.fr</a>, <a href="http://www.plinths.co.uk">www.plinths.co.uk</a>, <a href="http://www.sockelundsaeulen.de">www.sockelundsaeulen.de</a>, <a href="http://www.sockelundsaeulen.ch">www.sockelundsaeulen.ch</a>, <a href="http://www.sockelundsaeulen.at">www.sockelundsaeulen.at</a>, <a href="http://www.podierogmontrer.dk">www.podierogmontrer.dk</a>, <a href="http://www.podierochmontrar.se">www.podierochmontrar.se</a>, <a href="http://www.peanasypedestales.es">www.peanasypedestales.es</a>. </li></ol><h2>Article  2 - Identity of the Entrepreneur </h2><p>Name  Entrepreneur: Solits, Acting under the name / names: Solits V.O.F.<br>  Location address: <br>  Linnewever 5<br>  2292 JG Wateringen<br>  The Netherlands<br>  Telephone number: 00 31 (0)174 88 16 88  / 00 44 (0)20 7267 2421<br>  Telephone accessibility: From Monday to Friday from 9 a.m. to 17.00 p.m.<br>  <br>  E-mail address: <a href="mailto:info@plinths.co.uk">info@plinths.co.uk</a><br>  Website: <a href="http://www.plinths.co.uk">www.plinths.co.uk</a> <br>  <br>  Chamber of Commerce number: 30175883<br>  VAT-number: NL812632382B01</p><h2>Article 3 - Applicability </h2><ol>  <li>These Terms and Conditions apply to every offer from  the Entrepreneur and to every Distance agreement concluded between the  Entrepreneur and the Client.</li>  <li>If the Client includes provisions or conditions that  deviate from, or do not appear in, the Terms and Conditions in its order,  confirmation or communication, then these are only binding on the Entrepreneur  if and insofar as the Entrepreneur has explicitly accepted them in writing.</li>  <li>Before the Distance agreement is concluded, the text  of these Terms and Conditions is made available to the Customer. If this is not  reasonably possible, the Entrepreneur will indicate before the Distance agreement  is concluded, how the Conditions can be viewed by the Entrepreneur and that  they will be sent free of charge as soon as possible at the request of the  Customer.</li>  <li>If the Distance agreement is concluded electronically,  contrary to the previous paragraph and before the Distance Agreement is  concluded, the text of these Terms and Conditions may be made available to the  Customer electronically in such a way that it is provided by the Customer and can  be stored in a simple way on a Sustainable data carrier. If this is not  reasonably possible, before the Distance agreement is concluded, it will be  indicated where the Conditions can be read electronically and that they will be  sent free of charge electronically or otherwise at the request of the Customer.</li>  <li>In the event that specific product or service  conditions apply in addition to these Terms and Conditions, the third and  fourth paragraphs apply mutatis mutandis and in the event of conflicting terms  and conditions, the Customer may always invoke the applicable provision that is  most favorable to him. </li>  <li>If a provision in these Terms and Conditions proves to  be void, this does not affect the validity of the entire Terms and Conditions.  The parties will in that case replace (a) new provision (s), which will give  shape to the intention of the original provision as much as legally possible.</li></ol><h2>Article 4 - The offer </h2><ol>  <li>If an offer has a limited  duration or is subject to conditions, this will be explicitly stated in the  offer.</li>  <li>The offer contains a  complete and accurate description of the products, digital content 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, these are a true  representation of the products, services and / or digital content offered.</li>  <li>The content of the Website  and the offer have been compiled with the greatest care. Entrepreneur cannot,  however, guarantee that all information on the Website is correct and complete  at all times. All prices, the offer and other information on the Website and in  other materials originating from the Entrepreneur are therefore subject to  obvious programming and typing errors.</li>  <li>Images, drawings, price  lists and the like provided by Entrepreneur remain the property of Entrepreneur  and may not be copied or disclosed to third parties without their prior written  permission.</li></ol><h2>Article 5 - The agreement </h2><ol>  <li>The agreement is concluded at the moment of acceptance  by the Customer of the offer and the fulfillment of the corresponding (payment)  obligations.</li>  <li>If the Client has accepted the offer electronically,  the Entrepreneur will immediately confirm receipt of the acceptance of the  offer electronically. As long as the receipt of this acceptance has not been  confirmed by the Entrepreneur, the Client can terminate the agreement.</li>  <li>If an offer is accepted by the Customer, the  Entrepreneur has the right to revoke the offer within 3 working days of  receiving the acceptance. The Entrepreneur immediately informs the Client of  such a cancellation.</li>  <li>If the agreement is concluded electronically, the Entrepreneur  will take appropriate technical and organizational measures to secure the  electronic transfer of data and he will ensure a secure web environment. If the  Client can pay electronically, the Entrepreneur will take appropriate security  measures.</li>  <li>If it appears that the customer provided incorrect  information when accepting or otherwise entering into the agreement, the  Entrepreneur has the right to fulfill his obligation only after the correct  information has been received.</li>  <li>If, after 5 working days after placing the order, the  Client wishes its data to be adjusted, such as the VAT number or the name, the  Entrepreneur will charge € 25 excluding VAT for this.</li>  <li>For work for which, due to its nature and scope, no  quotes or order confirmation is sent, the invoice is also considered to be the  agreement between the parties, which is also deemed to accurately and  completely reflect the agreement.</li>  <li>Changes and / or additions to the agreement can only  be agreed in writing.</li>  <li>The Entrepreneur is entitled, upon or after entering  into an agreement, before (further) performance, to demand security from the  Customer that both payment and other obligations will be met.</li>  <li>The Entrepreneur can inform himself within the  available legal frameworks of whether the Customer can meet his payment  obligations, as well as of all those facts and factors that are important for a  sound conclusion of the Distance agreement. If the Entrepreneur on the basis of  this investigation has good reasons not to enter into the agreement, he is  entitled to refuse an order or request or to attach special conditions to the  implementation. The Entrepreneur who refuses the application on the basis of  the investigation or sets special conditions thereto, shall inform the Client  of this as soon as possible but no later than within 3 Days after the  conclusion of the agreement, stating reasons.</li></ol><br clear="all"><h2>Article 6 - The price </h2><ol>  <li>All prices stated on the  Website and in other materials originating from the Entrepreneur are exclusive  of VAT (unless stated otherwise) and unless stated otherwise on the Website,  excluding other taxes imposed by any government.</li>  <li>Contrary to the previous  paragraph, the Entrepreneur can offer products or services with variable prices  that are subject to fluctuations in the financial market and over which the  Entrepreneur has no influence. In this case, the link to fluctuations and the  fact that any stated prices are target prices will be stated in the offer.</li>  <li>Entrepreneur has the right  to change the agreed prices from two weeks after the conclusion of the  agreement. The Client who does not agree with the change has the right to  cancel the agreement without any costs for this being charged to him by the  Entrepreneur.</li>  <li>For goods that the Client  wants to be sent, the Entrepreneur uses a minimum order amount of € 50  excluding VAT and excluding shipping costs.</li>  <li>Any additional costs, such  as delivery costs and payment costs, are stated on the Website and in any case  shown in the ordering process.</li></ol><h2>Article  7 - Cancellation </h2><p>If the Customer cancels the agreement, the following cancellation costs  will be charged:<br>  € 25 excluding VAT administration costs and:<br>    <br>    If the Customer cancels an order for more than 48 hours after the conclusion of  the agreement and the products are included in the basic assortment on the  Entrepreneur's Website<br>    the cancellation costs amount to 20% of the agreed price.<br>  If the Customer cancels an order whereby the ordered products are  tailor-made for the Customer and production has already started, the  cancellation costs amount to 50% of the agreed price.</p><h2>Article  8 - Compliance with agreement and guarantee </h2><ol>  <li>Entrepreneur guarantees that the products,  services and digital content 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 provisions and / or government regulations.</li>  <li>If the delivered product, service or  digital content does not comply with the agreement (defective or defective  delivery), then the Client must inform the Entrepreneur of this within 3  working days after he could reasonably have discovered this. If the Client does  not do this, he can no longer claim any form of repair, replacement,  compensation and / or refund in respect of this defect.</li>  <li>If the Entrepreneur considers a complaint  to be justified, the relevant products will be repaired, replaced or  (partially) reimbursed after consultation with the Customer. Entrepreneur can  thereby refer Customer to a manufacturer or supplier.</li>  <li>Entrepreneur only guarantees what has been  delivered if any defect is the direct result of material and construction  defects and such defect has been notified to Entrepreneur in writing within six  months of the invoice date.</li>  <li>If the Customer wants to return the  product, based on the provisions of this article, the Customer can return the  products. If repayment of amounts already paid in advance is made, the  Entrepreneur will refund these amounts within 30 Days of receiving the  products. Return shipments from Customer to Entrepreneur are for the account  and risk of Customer.</li>  <li>It is possible that manufacturers and / or  suppliers offer their own guarantees. These guarantees are not offered by the  Entrepreneur. If the Entrepreneur chooses this, he can mediate in invoking  these guarantees by the Customer.</li></ol><h2>Article 9 - Delivery and implementation </h2><ol>  <li>As soon as the order has been received by  the Entrepreneur (see article 5), the Entrepreneur will send the products as  soon as possible, with due observance of the provisions of paragraph 3 of this  article.</li>  <li>Entrepreneur is entitled to engage third  parties to perform the obligations arising from the agreement.</li>  <li>The delivery period per product is a  specific period, which is clearly displayed on the Website or at the conclusion  of the agreement. The choice of carrier will be made by Entrepreneur.</li>  <li>Products heavier than 25 kg or of  sensitive material such as (plexi) glass are sent on a pallet. The pallet is  delivered in front of the door and will have to be transported inside by the  Customer itself, whereby packaging materials must be removed by the Customer.</li>  <li>Delivery times are always approximate and  are not strict deadlines. If the Entrepreneur is unable to deliver the products  within the agreed period, he shall inform the Client thereof with a statement  of the expected new delivery period. If the Entrepreneur also exceeds that  delivery period, the Client is only entitled to claim compensation that is at  most equal to the invoice value excluding VAT of the goods ordered if the late  or non-delivery is due to intent or gross negligence of the Entrepreneur.  Immediately after his notification of late or non-delivery, the Customer  informs the Entrepreneur whether he still wants to fulfill the agreement or  wishes to dissolve it.</li>  <li>Unless explicitly agreed otherwise, the  risk of the products to be delivered will pass to the Customer as soon as they  have been delivered to the specified delivery address. If the Customer decides  to collect the products, the risk passes when the products are transferred.</li>  <li>If the Customer or the third party  designated by him at the agreed delivery time is not present at the delivery  address to receive the products, the Entrepreneur is entitled to return the  products. At additional costs, the Entrepreneur will offer the products to the  Customer again at a different time and / or another Day to be determined in  consultation with the Customer. If delivery proves impossible, the payment  obligation will not be canceled and any additional costs, including for the  return shipment, will be charged to the Customer. Costs incurred by the  Entrepreneur due to delay caused by the Customer are charged to the Customer.</li>  <li>If the ordered item is no longer  available, the Entrepreneur will endeavor to offer the Client a similar product  of similar quality. Customer is then entitled to terminate the agreement free  of charge.</li></ol><h2>Article  10 - Duration agreements: duration, cancellation and extension</h2><p><em>Cancellation:</em></p><ol>  <li>The Customer may terminate an agreement  that has been concluded for an indefinite period of time and that extends to  the regular delivery of products (including electricity), digital content or  services, with due observance of the agreed termination rules and a notice  period of two months.</li>  <li>The Customer may at all times terminate an  agreement that has been entered into for a definite period and that extends to  the regular delivery of products (including electricity), digital content or  services, subject to the agreed termination rules and a cancellation period of  two months.</li>  <li>The Client can only terminate the  agreements referred to in the previous paragraphs in writing.</li></ol><p><em>Extension:</em></p><ol>  <li>An agreement that has been entered into  for a definite period of time and that extends to the regular delivery of  products (including electricity), digital content or services, is tacitly  extended for the same duration as the initially determined period.</li>  <li>The aforementioned cancellation periods  apply accordingly for cancellations by the Entrepreneur.</li></ol><h2>Article 11 - Payment </h2><ol>  <li>The Client must make payments to the  Entrepreneur in accordance with the payment methods specified in the order  procedure and possibly on the Website. Entrepreneur is free in the choice of  offering payment methods and these may also change from time to time.</li>  <li>If it has been agreed to pay on account,  payment must be made within 30 Days of the invoice date, unless otherwise  agreed.</li>  <li>Unless otherwise stated, the following  down payment obligation applies:</li>  <li>Customer must pay 50% of the order amount  before the agreed delivery time starts.</li>  <li>If the Customer does not meet his payment  obligation (s) in time, he is immediately in default by operation of law  without a notice of default being required. The Entrepreneur has the right to  increase the amount due with the statutory interest and the Entrepreneur is  entitled to charge the Client for extrajudicial collection costs and any  procedural costs incurred by him.</li></ol><h2>Article 12 - Retention of title </h2><ol>  <li>As long as the Customer has not made a  full payment for the entire agreed amount, all delivered goods remain the  property of the Entrepreneur.</li>  <li>The Client is obliged to store the goods  that have been delivered under retention of title with due care and as  recognizable property of the Entrepreneur.</li></ol><h2>Article 13 - Liability </h2><ol>  <li>Subject to intent or gross negligence, the  Entrepreneur's total liability towards the Client for attributable failure to  perform the agreement is limited to reimbursement of at maximum the price  stipulated for that agreement (including VAT). If there is a Duration  agreement, the said liability is limited to reimbursement of the amount that  the Customer owed to the Entrepreneur in the 3 months prior to the  damage-causing fact.</li>  <li>Liability of the Entrepreneur vis-à-vis  the Client for indirect damage, including in any case - but explicitly not  exclusively - consequential damage, lost profit, lost savings, loss of data and  damage due to business interruption, is excluded.</li>  <li>The previous paragraphs do not apply to  damage suffered by the Customer in the resale by the Customer of the products  purchased from the Entrepreneur to consumers, as a result of the latter exercising  its rights against the Customer due to a shortcoming in those products.</li>  <li>Insofar as compliance is not already  permanently impossible, the liability of the Entrepreneur towards the Client  arises due to imputable failure in the performance of an agreement only after  the Client has immediately and properly notified the Entrepreneur in writing,  thereby stipulating a reasonable period for the purification of the shortcoming,  and the Entrepreneur continues to fall short in the fulfillment of its  obligations even after the expiry of that period. The notice of default must  contain as detailed a description as possible of the shortcoming, so that the  Entrepreneur is able to respond adequately.</li>  <li>The condition for the existence of any  right to compensation is always that the Customer reports the damage to the  Entrepreneur in writing as soon as possible, but no later than within 14 Days.</li>  <li>In the event of force majeure, the  Entrepreneur is not obliged to compensate for any damage caused thereby to the  Customer.</li>  <li>Technical advice and information about the  processing and application possibilities of products are provided to the  Customer by the Entrepreneur to the best of its knowledge and efforts, as well  as to the state of the art, without obligation of results and without any  liability on the part of the Entrepreneur. The Entrepreneur is never liable for  the material specifications made by him.</li></ol><h2>Article  14 - Non-attributable shortcoming (force majeure) </h2><ol>  <li>Force majeure exists if the performance of  the agreement is prevented in whole or in part, temporarily or otherwise, by  circumstances beyond the control of the parties and / or by circumstances on  the part of the Entrepreneur such as strikes, personnel problems, transport  problems, weather conditions including non-performance by suppliers from whom  the Entrepreneur purchases something.</li>  <li>In case of a force majeure event, the  obligations of the parties are suspended. If the force majeure event lasts  longer than three months, each of the two parties to the agreement will be  entitled to dissolve the agreement by giving a written statement to the other  party for the part of it that has not yet been carried out, without being  obliged to pay any other compensation.</li>  <li>If, upon commencement of the force majeure  event, the Entrepreneur has already partially fulfilled its obligations, or can  only partially meet its obligations, it is entitled to invoice the executed or  executable part separately and the client is obliged to pay this invoice as if it  concerned a separate agreement.</li></ol><h2>Article 15 - Intellectual Property Rights </h2><ol>  <li>If the assignment entails that a work is  delivered in the meaning of the Copyright Act 1912 (<em>Auteurswet 1912</em>) or the Uniform Benelux Act on Drawings and Models  (<em>Beneluxwet inzate tekeningen of modellen</em>),  the copyright, drawing and / or design rights will remain with the  Entrepreneur.</li>  <li>The Client is expressly prohibited from  reproducing or publishing works supplied by the Entrepreneur in a manner that  is incompatible with the scope of the agreement. Neither is the Client  permitted to establish a patent for the benefit of a business supplied by the  Entrepreneur, to deposit it as a drawing, model or as (part of) a logo.</li></ol><h2>Article 16 - Complaints </h2><ol>  <li>Entrepreneur has a sufficiently documented  complaints procedure and deals with complaints under this procedure.</li>  <li>Complaints about the implementation of the  agreement must be submitted fully and clearly described to the Entrepreneur  within three working days after the Customer has discovered the defects.</li>  <li>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  respond within the period of 14 Days with a message of receipt and an  indication when the Customer can expect a more detailed answer.</li></ol><h2>Article 17 - Disputes </h2><ol>  <li>Dutch law applies exclusively to  agreements between the Entrepreneur and the Customer to which these Terms and  Conditions apply.</li>  <li>These Terms and Conditions are governed by  Dutch law.</li>  <li>These Terms and Conditions are translated  into several languages to enable all Customers to easily read and understand  these Terms and Conditions. In case of inconsistencies between the Dutch  version of these Terms and Conditions and any translation thereof, the Dutch  version will always prevail.</li>  <li>Should disputes arise as a result of the  agreement that cannot be settled amicably, these will be submitted to the  competent court of the district where the Entrepreneur is established.  Entrepreneur and Customer can agree to settle their disputes by means of  binding advice or arbitration.</li></ol>