Terms of service

Article 1 - Definitions

• Iron Sign Shop, established in Biezenmortel and registered with the Dutch Chamber of Commerce (KvK) under number 89731948, is referred to in these terms and conditions as the Seller.

• The Seller's counterparty is referred to in these terms and conditions as the Buyer.

• The Seller and the Buyer together are referred to as the Parties.

• The Agreement means the contract of sale between the Parties.

Article 2 - Applicability of these terms and conditions

1. These terms apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the Seller.

2. Deviations from these terms are valid only if the Parties have expressly agreed them in writing.

Article 3 - Payment

1. In the webshop, the full purchase price is always paid immediately. For reservations, a deposit may be required in some cases. In that case the Buyer receives proof of the reservation and the advance payment.

2. If the Buyer does not pay on time, the Buyer is in default. For as long as the Buyer remains in default, the Seller is entitled to suspend its obligations until the Buyer has met its payment obligation.

3. If the Buyer remains in default, the Seller will proceed to collection. The costs of collection are borne by the Buyer. These collection costs are calculated in accordance with the Dutch Besluit vergoeding voor buitengerechtelijke incassokosten (Decree on compensation for extrajudicial collection costs).

4. In the event of the Buyer's liquidation, bankruptcy, attachment or suspension of payments, the Seller's claims against the Buyer become immediately due and payable.

5. If the Buyer refuses to cooperate with the Seller's performance of the order, the Buyer remains obliged to pay the agreed price to the Seller.

Article 4 - Offers, quotations and price

1. Offers are without obligation unless the offer states a period for acceptance. If the offer is not accepted within that period, it lapses.

2. Delivery times stated in quotations are indicative. Exceeding them does not entitle the Buyer to rescission or damages, unless the Parties have expressly agreed otherwise in writing.

3. Offers and quotations do not automatically apply to repeat orders. The Parties must expressly agree this in writing.

4. The price stated in offers, quotations and invoices consists of the purchase price including VAT and any other government levies.

Article 5 - Right of withdrawal (consumers)

1. The consumer has the right to withdraw from the agreement within 30 days of receiving the order, without giving reasons. The period starts from the moment the consumer has received the (complete) order.

2. After notifying the withdrawal, the consumer has a further 30 days to return the product.

3. The consumer may use a withdrawal form provided by the Seller. The Seller will make it available to the Buyer immediately on request.

4. During the cooling-off period the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they will return the unused and undamaged product with all accessories supplied and - where reasonably possible - in the original shipping packaging, following the Seller's reasonable and clear instructions.

5. The Seller will refund the order amount due within 14 days of the return being registered, provided the product has already been received back in good order.

6. If the product is damaged, or the packaging is damaged more than was needed to try the product, we may charge you for this loss in value. So please handle the product with care and pack it well when returning it.

Article 6 - Amendment of the agreement

1. If, during performance of the Agreement, it becomes apparent that proper performance requires the work to be changed or supplemented, the Parties will adjust the Agreement accordingly, in good time and by mutual consultation.

2. If the Parties agree that the Agreement is to be changed or supplemented, this may affect the completion date. The Seller will inform the Buyer as soon as possible.

3. If the change or addition has financial and/or qualitative consequences, the Seller will inform the Buyer of this in writing in advance.

4. If the Parties have agreed a fixed price, the Seller will indicate the extent to which the change or addition results in that price being exceeded.

5. By way of exception to paragraph 3 of this article, the Seller may not charge additional costs where the change or addition results from circumstances attributable to the Seller.

Article 7 - Delivery and passing of risk

As soon as the Buyer has taken receipt of the purchased item, the risk passes from the Seller to the Buyer.

Article 8 - Inspection and complaints

1. The Buyer is obliged to inspect, or have inspected, the goods delivered at the time of delivery, and in any event as soon as possible. In doing so, the Buyer must check whether the quality and quantity of the goods delivered match what the Parties agreed, or at least meet the requirements applicable in normal (commercial) practice.

2. Complaints about damage, shortages or loss of goods delivered must be submitted to the Seller in writing within 10 working days of the day of delivery.

3. If the complaint is found to be justified within the stated period, the Seller has the right to repair, replace, or refrain from delivery and issue a credit note for that part of the purchase price.

4. Minor deviations and differences in quality, quantity, size or finish that are customary in the industry cannot be held against the Seller.

5. Complaints about a particular product have no bearing on other products or components belonging to the same Agreement.

6. Once the goods have been processed by the Buyer, no further complaints are accepted.

Article 9 - Samples and models

If a sample or model has been shown or provided to the Buyer, it is presumed to have been provided merely as an indication, without the item to be delivered having to correspond to it. This is only different if the Parties have expressly agreed that the item to be delivered will correspond to it. In agreements concerning immovable property, the stated surface area or other dimensions and descriptions are likewise presumed to be intended only as an indication, without the item to be delivered having to correspond to them.

Article 10 - Delivery

1. Delivery takes place ex works/shop/warehouse. This means that all costs are borne by the Buyer.

2. The Buyer is obliged to take receipt of the goods at the moment the Seller delivers them, or has them delivered, or at the moment they are made available under the Agreement.

3. If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the Seller is entitled to store the goods at the Buyer's expense and risk.

4. If the goods are delivered to an address, the Seller is entitled to charge delivery costs.

5. If the Seller requires information from the Buyer in order to perform the Agreement, the delivery period starts once the Buyer has made that information available to the Seller.

6. Any delivery period stated by the Seller is indicative and never a strict deadline. If a period is exceeded, the Buyer must give the Seller written notice of default.

7. The Seller is entitled to deliver the goods in parts, unless the Parties have agreed otherwise in writing or the partial delivery has no independent value. The Seller is entitled to invoice such deliveries separately.

Article 11 - Force majeure

1. If the Seller cannot meet its obligations under the Agreement, or cannot do so on time or properly, due to force majeure, it is not liable for any loss suffered by the Buyer.

2. Force majeure includes in any event any circumstance that the Seller could not take into account when entering into the Agreement and as a result of which normal performance of the Agreement cannot reasonably be required by the Buyer, such as illness, war or the threat of war, civil war and riots, sabotage, terrorism, power failure, flooding, earthquake, fire, occupation of premises, strikes, lockouts, changed government measures, transport difficulties, and other disruptions to the Seller's business.

3. Force majeure also includes the situation in which suppliers on whom the Seller depends for performance of the Agreement fail to meet their contractual obligations towards the Seller, unless this is attributable to the Seller.

4. If such a situation arises, the Seller's obligations are suspended for as long as it is unable to meet them. If the situation referred to in the previous sentence has lasted 30 calendar days, the Parties are entitled to rescind the Agreement in writing, in whole or in part.

5. If the force majeure lasts longer than three months, the Buyer has the right to rescind the Agreement with immediate effect. Rescission is only possible by registered letter.

Article 12 - Transfer of rights

A Party's rights under this Agreement cannot be transferred without the prior written consent of the other Party. This provision constitutes a clause with effect under property law as referred to in Article 3:83(2) of the Dutch Civil Code.

Article 13 - Retention of title and right of retention

1. The goods held by the Seller and the items and parts delivered remain the property of the Seller until the Buyer has paid the full agreed price. Until then, the Seller may invoke its retention of title and take back the goods.

2. If agreed advance payments are not made, or not made on time, the Seller has the right to suspend the work until the agreed portion has been paid after all. This constitutes creditor's default. Late delivery cannot in that case be held against the Seller.

3. The Seller is not permitted to pledge or otherwise encumber the goods covered by its retention of title.

4. The Seller undertakes to insure, and keep insured, the goods delivered under retention of title against fire, explosion and water damage as well as theft, and to make the policy available for inspection on first request.

5. If goods have not yet been delivered but the agreed advance payment or price has not been paid as agreed, the Seller has a right of retention. The item is then not delivered until the Buyer has paid in full and as agreed.

6. In the event of the Buyer's liquidation, insolvency or suspension of payments, the Buyer's obligations become immediately due and payable.

Article 14 - Liability

1. Any liability for loss arising from or connected with the performance of an Agreement is at all times limited to the amount paid out in the relevant case under the Seller's liability insurance. That amount is increased by the deductible under the relevant policy.

2. The Seller's liability for loss resulting from intent or wilful recklessness on the part of the Seller or its managerial staff is not excluded.

Article 15 - Complaints procedure / duty to complain

1. The Buyer is obliged to report complaints about the work performed to the Seller immediately. The complaint must describe the shortcoming in as much detail as possible, so that the Seller is able to respond adequately.

2. If a complaint is justified, the Seller is obliged to properly repair and, where applicable, replace the goods.

3. In the event of a complaint, a consumer should first contact the Seller. For webshops affiliated with WebwinkelKeur, and for complaints that cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which mediates free of charge. Check whether this webshop has an active membership at https://www.webwinkelkeur.nl/ledenlijst/.

4. If no solution is reached even then, the consumer may have the complaint handled by the independent disputes committee appointed by WebwinkelKeur. Its ruling is binding, and both trader and consumer agree to be bound by it. Submitting a dispute to this committee involves costs, which the consumer must pay to the committee concerned.

Article 16 - Warranties

1. Where the Agreement includes warranties, the following applies: the Seller warrants that the item sold conforms to the Agreement, will function without defects and is suitable for the use the Buyer intends to make of it. This warranty applies for a period of two calendar years after the Buyer receives the item sold.

2. The purpose of this warranty is to create a division of risk between Seller and Buyer such that the consequences of a breach of warranty are always entirely for the Seller's account and risk, and such that the Seller can never invoke Article 6:75 of the Dutch Civil Code in respect of a breach of warranty. The previous sentence also applies where the Buyer was aware of the breach, or could have become aware of it through inspection.

3. The warranty does not apply where the defect has arisen as a result of improper or unintended use, or where - without permission - the Buyer or third parties have made, or attempted to make, changes to the item purchased, or have used it for purposes for which it is not intended.

4. Where the warranty provided by the Seller concerns an item produced by a third party, the warranty is limited to the warranty provided by the producer of that item.

Article 17 - Intellectual property

1. Iron Sign Shop retains all intellectual property rights (including copyright, patent rights, trademark rights, design rights, etc.) in all products, designs, drawings, documents, data carriers or other information, quotations, images, sketches, models, mock-ups, etc., unless the Parties have agreed otherwise in writing.

2. The Buyer may not copy, or have copied, show and/or make available to third parties, or otherwise use the intellectual property rights referred to, without the prior written permission of Iron Sign Shop.

Article 18 - Amendment of these terms and conditions

1. Iron Sign Shop is entitled to amend or supplement these terms and conditions.

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

3. Iron Sign Shop will, as far as possible, discuss major substantive changes with the customer in advance.

4. Consumers are entitled to terminate the Agreement in the event of a material change to these terms and conditions.

Article 19 - Applicable law and competent court

1. Every Agreement between the Parties is governed exclusively by Dutch law.

2. The Dutch court in the district where Iron Sign Shop is established has exclusive jurisdiction over any disputes between the Parties, unless mandatory law provides otherwise.

3. The applicability of the Vienna Sales Convention (CISG) is excluded.

4. If, in legal proceedings, one or more provisions of these terms and conditions are deemed unreasonably onerous, the remaining provisions remain in full force.