GARANTIE & LEVERING HOUTEN VLOEREN
Uipkes Wood Flooring attaches great importance to the protection of personal data. We maintain administrative, technical, and physical safeguards to prevent the unauthorized disclosure, use, alteration, and destruction of personal information in our possession.
GENERAL CONDITIONS CBW
Uipkes Wood Flooring concludes all agreements under CBW conditions. These General Terms and Conditions of the Central Housing Trade Association were drawn up in April 1996 in consultation with the Consumers' Association in the context of the Self-Regulation Consultation Coordination Group of the Social-Economic Council and come into effect on May 1, 1996.
They have been filed with the Registry of the District Court in Utrecht under number 305/1995. Uipkes wooden floors uses these conditions as part of the agreement concluded with the client.
GENERAL TERMS AND CONDITIONS OF THE CENTRAL BRANCH ASSOCIATION LIVING (1.1c)
parquet floors and/or solid wood floorboards, oak floors, cork and laminate floors
ARTICLE 1 – DEFINITIONS
1. In these conditions the following definitions apply:
The entrepreneur: the CBW-approved seller/contractor, participant in the SG CBW, who enters into or wants to enter into an agreement with the buyer;
The customer: the buyer/client or the person who enters into or wants to enter into an agreement with the entrepreneur;
The business customer: the customer who acts in the exercise of a profession or business;
The consumer: the customer who does not act in the exercise of a profession or business;
Delivery: the actual presentation of the purchased products and/or semi-finished products to the customer;
Delivery: making the products and/or work available ready for use, as agreed;
Distance agreement: the agreement with a consumer where, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication, as referred to in Article 6:230g paragraph 1e of the Dutch Civil Code, such as an online store or mail order ;
Agreement concluded outside the Sales Area: an agreement concluded with a consumer other than in the entrepreneur's sales area, as referred to in Article 6:230g paragraph 1f of the Dutch Civil Code, such as at consumers' homes, at fairs or on the street;
SG CBW: Stichting Guarantee Schemes CBW, which is responsible for the implementation and enforcement of the consumer schemes as referred to in Articles 19 and 21 of these conditions;
Floor: subfloor and/or intermediate floor and/or floor covering material;
Subfloor: the existing surface on which the work is to be carried out;
Intermediate floor: the material that is applied between the subfloor and the floor covering material, other than repair material for the subfloor.
2. If the agreement, offer, delivery or performance also relates to connection, installation, assembly and other work, then the following definitions apply:
Connection: connecting all supply and discharge pipes and wiring to existing and correctly installed connection points;
Installing: installing all supply and discharge pipes, wiring and connection points required for the correct installation of the product;
Assembly (installation): assembling and adjusting the product or parts thereof;
Other work: demolition and renovation work, leveling floors and walls and processing tiles;
ARTICLE 2 – VALIDITY
These conditions may only be used by CBW-approved home furnishing stores and apply exclusively to the supply of products and/or services in the field of home furnishings.
ARTICLE 3 – INTELLECTUAL PROPERTY
1. The entrepreneur reserves the intellectual property rights to, among other things, designs, images, drawings, samples, samples and models provided. If the entrepreneur requests this, the buyer must return them immediately. If the entrepreneur also has other legal rights, he can claim them.
2. The Customer may not remove or change indications regarding intellectual property rights on/in the services delivered or made available by the entrepreneur.
3. The customer may not reproduce, make public, exploit or exhibit material belonging to the entrepreneur on which intellectual property rights are based without the entrepreneur's permission.
ARTICLE 4 – THE QUOTE
1. All quotations are valid up to and including 21 days after the quotation date, unless the quotation states otherwise. They are based on the data, drawings and measurements derived from them provided by the customer and any measurements taken by the entrepreneur.
The buyer must inform the entrepreneur about facts and/or circumstances that may influence the execution of the agreement, insofar as they are important when making the quotation (see also articles 7 and 8).
For floors, the entrepreneur uses the largest length and width dimensions when measuring the surfaces, taking into account the packaging units that must be ordered from suppliers (running meters of carpet, packs of laminate, full length skirting boards, etc.). Designs, images, drawings, specifications of sizes and weights and samples and models from the entrepreneur are as accurate as possible.
2. The quotation contains a complete description of the products to be delivered and the work to be carried out, the total (purchase) price, the delivery time, the payment conditions and the risks for both parties.
The entrepreneur points out to the buyer in the quotation that the buyer must be careful with the entrepreneur's articles, materials and tools that are at work, in addition to the buyer's legal liability. When ordering 'on call', the quotation contains an explanation and information about the delivery time after call, as mentioned in article 6 paragraph 6.
The quotation indicates the price of the materials and the way in which the price for the work to be carried out is calculated. There are two ways: contract price or cost-plus.
a. in the contract price, the parties agree on a fixed amount for which the work will be carried out;
b. With management, the entrepreneur accurately states what determines the price (e.g. hourly rate and prices of the required materials). At the request of the buyer, the entrepreneur can give a target price, which is an estimate of the total costs. The quotation states if there are additional costs such as freight, delivery, payment or postage costs.
3. Activities not mentioned in the quotation are not included in the agreed price. If the customer does require this, this may increase prices (see also Article 13).
4. The buyer must ensure that the entrepreneur can carry out the work properly. If the buyer has specific obligations, the entrepreneur will point this out in the quotation. For example, remember that the installation points, pipes and drain pipes are in accordance with the entrepreneur's drawing (see art. 7 paragraphs 3 and 4).
5. If the customer does not accept the quotation, the entrepreneur may charge the costs of preparing the quotation. This is only allowed if the customer has been demonstrably made aware of the (amount of) costs when or before requesting the quotation.
The customer becomes the owner of the quotation and any drawings upon payment of quotation costs. The intellectual property remains with the entrepreneur.
ARTICLE 5 – THE AGREEMENT
The payment
1. The entrepreneur may request a down payment when entering into an agreement with a consumer. No maximum percentages apply to a business customer (not a consumer). For a consumer, the maximum percentage depends on the product.
2. The maximum down payment for consumers is 25%, except for the products below for which 15% is the maximum:
a. kitchens/bathrooms/sanitary items and/or parts thereof, and/or related work;
b. parquet , solid wood floorboards, marmoleum, stair renovation, natural stone, gravel, (gravel) tiles, cast, concrete, concrete look, cork and laminate floors and/or work to be carried out in connection with these products.
If products are ordered via the webshop, they must be paid for in full upon ordering, unless otherwise stated.
Price change
3. Price increases can be passed on to business customers.
4. For price increases for consumers, occurring after the conclusion of the agreement but before delivery, the following applies:
• Price increases due to VAT increases and other legal measures can always be passed on.
• Other price increases within 3 months after concluding the agreement may not be passed on.
• Other price increases after 3 months after concluding the agreement may only be passed on if
this has been agreed. The entrepreneur states why a price increase can be implemented and whether or not the consumer can subsequently cancel free of charge.
5. Price reductions after the conclusion of the agreement, for example due to clearance sales, closing sales, promotions or discounts on showroom models, do not entitle the customer to a price reduction.
Retention of title
6. The entrepreneur remains the owner of the products sold until the customer has paid the price (and any additional costs) in full. The customer is obliged to handle the products with care. He may not hand over the products to third parties or give them as collateral, pledge them or have them removed from the area where they were delivered until the amount due has been paid.
7. The entrepreneur may, without notice of default, terminate the agreement in whole or in part extrajudicially in the event of bankruptcy, suspension of payments or statutory debt restructuring of the buyer.
Security for business customers
8. In an agreement with a business customer, the entrepreneur may request sufficient security for compliance with the payment obligation before executing the agreement or continuing with it.
Compensation for business customers
9. The entrepreneur never has to pay compensation to a business customer other than what is expressly arranged in these conditions. He does not have to compensate other direct or indirect damage, including damage to third parties, loss of profit and the like.
Call-out costs
10. The entrepreneur may charge call-out costs if this was agreed upon when concluding the agreement. If transport is not included in the agreement, the entrepreneur may always charge call-out costs, except in the case of non-conformity.
ARTICLE 6 – THE DELIVERY TIME
1. The delivery time is the agreed time within which the work must be completed or the products must be delivered. The delivery time is fixed unless the agreement states an estimated delivery time. If no delivery time has been agreed, a fixed delivery time of 30 days applies to a consumer purchase.
2. If the expected delivery time is not met, the entrepreneur will be granted an additional period to deliver. The additional period is a maximum of one month but never longer than the original delivery time. Any price increases within this period may not be passed on.
3. If the additional term or the fixed delivery time is exceeded, the customer may terminate the agreement without notice of default or judicial intervention and/or request compensation.
4. If the expected or fixed delivery time is exceeded, the entrepreneur is not liable for any form of consequential damage in an agreement with a business customer.
5. In an agreement with a consumer, the entrepreneur must compensate any damage that is related to the excess and that can be attributed to him, partly in view of the nature of the liability and the nature of the damage.
6. If it has been agreed that the entrepreneur will place an order after the consumer's notification (order on call), then the agreed fixed or expected delivery time will run from the call date. Call must be made within nine months after concluding the agreement, unless otherwise agreed.
If no call is made within that period, the entrepreneur will remind the customer in writing and give him a maximum of three months to still make the call. After this period, the agreement is considered canceled and Article 12 applies.
ARTICLE 7 – RIGHTS AND OBLIGATIONS OF THE ENTREPRENEUR
1. The entrepreneur delivers the products well, properly and as agreed in the agreement. The work is carried out properly, properly and as agreed.
2. The entrepreneur adheres to the applicable legal regulations when delivering products and carrying out work.
3. The entrepreneur informs the customer in a timely manner before concluding the agreement that the customer ensures that the location where the work is to be carried out is suitable, such as that the construction and/or installation regulations have been met.
If the entrepreneur does not point this out (in a timely manner), he must compensate the direct damage and costs suffered by the consumer and he will bear any damage himself.
4. The entrepreneur also points out to the customer:
• inaccuracies in the assignment or assigned work, e.g. working on an unsound surface;
• the defective or unsuitable nature of certain items, such as materials or aids made available by the consumer;
This only applies if the entrepreneur knows this or should reasonably know it. If the entrepreneur does not do this, he is liable for the damage, unless the damage cannot be attributed to him.
5. The entrepreneur, if he has been informed by the customer (see Article 8, paragraph 5), provides the information that can be expected from him to the extent of his expertise about the necessity of using special aids such as a lift or a crane. The parties agree on whose account and risk the use of the special aids is.
6. The entrepreneur continues the work regularly after starting.
7. The entrepreneur ensures that the work is carried out by persons expert in that work.
8. If the work is delayed due to circumstances that are at the risk of the consumer, the delivery period will be extended.
9. If the customer has wishes for sound insulation of a floor (for example in apartments), the entrepreneur will ask the customer for a statement containing the measured value of the subfloor and screed. If the customer does not do this or if it is not available, the entrepreneur warns the customer of possible less sound insulation after delivery.
The entrepreneur ensures that he can demonstrate that the delivered products have the intended soundproofing effect, for example by submitting product information from the supplier of the mezzanine floor.
ARTICLE 8 – RIGHTS AND OBLIGATIONS OF THE CUSTOMER
1. The buyer ensures that the entrepreneur can deliver the products and carry out the work.
2. The buyer ensures that the entrepreneur has the approvals required for the work (permits, etc.) and the information important for the work (e.g. the location of pipes) in a timely manner.
3. The customer ensures that the place where work is carried out is suitable for this purpose, such as:
• the space can be properly closed;
• the construction and/or installation regulations have been met; • there is electricity, heating, running water and sufficient ventilation.
If the customer does not take care of this, he must compensate the demonstrable direct damage and reasonable costs suffered by the entrepreneur and he must bear his own damage, if any.
4. The customer bears the risk of damage due to:
• inaccuracies in the assigned work;
• inaccuracies in the constructions and working methods required by the customer;
• defects in the movable property on which the work is being done;
• defects in materials or resources made available by the customer.
The entrepreneur does draw the customer's attention to the matters referred to in paragraph 4 of article 7.
5. The customer informs the entrepreneur about special circumstances that, for example, necessitate the use of a lift or a crane. The parties agree who will bear the costs and risk of using the special aids. If the customer has not provided this information, the costs of using special aids are at his expense.
6. The customer ensures that work and/or deliveries to be carried out by third parties are made on time and properly, so that the execution of the work is not delayed. If a delay does occur, the buyer will report this to the entrepreneur in a timely manner.
7. The customer ensures that no other work is carried out in the room where the work is taking place or has taken place that could cause damage to the entrepreneur's work.
8. The customer ensures that the place of delivery is easily accessible and available on time and that everything possible is done to enable smooth delivery.
9. If the start or progress of the work is delayed due to circumstances as mentioned in this article, the customer must compensate the damage suffered by the entrepreneur as a result, if these circumstances can be attributed to the customer.
10. The buyer takes good care of the entrepreneur's articles, materials and tools that are located at the work site.
11. The customer who wants the entrepreneur to carry out certain work against the express advice of the entrepreneur is himself liable for the damage caused as a result.
12. The buyer cannot oblige the entrepreneur to carry out work that is contrary to Arbo regulations.
ARTICLE 9 – STORAGE OF PRODUCTS
1. If the products are offered on the agreed delivery date but are not accepted, unless the products are defective, the entrepreneur will make a second delivery within a reasonable period. The entrepreneur may charge storage costs and further demonstrable damage and reasonable costs after refusal or after second delivery.
2. If the second delivery is also not accepted, the entrepreneur may:
a. demand compliance with the agreement and charge storage costs and further demonstrable damage and reasonable costs or;
b. keep the products in storage for a further 30 days, subject to storage costs for the customer.
If the products to be delivered have not yet been purchased by the customer after the situation referred to in a or b, the entrepreneur may consider the agreement as canceled in accordance with the arrangement in article 12. In addition to cancellation costs, the entrepreneur may also charge storage costs for 30 days.
3. If the products have been paid for by the customer, the entrepreneur will keep the products in storage for a maximum of 3 months, calculating reasonable internal or external storage costs. The entrepreneur takes into account the sales value of the products and the duration of the storage period, unless other agreements have been made about this.
4. If the customer still does not purchase after 3 months, the agreement will be considered canceled and the entrepreneur may charge reasonable internal or external storage costs in addition to the cancellation fee referred to in Article 12. He must inform the customer in writing that he intends to do this.
5. The risk of fire and damage during storage is covered by insurance at the entrepreneur's expense in the event of a consumer purchase.
ARTICLE 10 – TRANSPORT AND DAMAGE UPON DELIVERY
1. The transport of the products is included in the price, except for take-away items or if something else has been agreed. The entrepreneur bears the risk of damage and loss during transport. If the products are delivered by a professional carrier, the entrepreneur will ensure good insurance.
2. If damage is found upon delivery, the customer must state this on the delivery receipt. If there is no opportunity to detect any damage upon delivery, the customer will note this on the delivery note. It is advisable to report visible damage to the entrepreneur within 2 working days.
3. If the customer arranges the transport himself, he must check as much as possible after delivery but before transport whether the products are undamaged and complete.
ARTICLE 11 – PAYMENT
Buy and sell
1. The general payment condition is payment upon delivery (cash or PIN payment), even if the agreement includes contract work. The buyer may also ensure that the amount for delivery has already been credited to the entrepreneur's bank account.
2. You may agree on a different payment condition, but it is legally prohibited to offer a consumer only payment in advance of the (remaining) purchase price as a payment condition.
3. The entrepreneur who delivers in parts may request payment for the delivered part for each partial delivery. The customer receives a partial invoice for each partial delivery.
Contracting work
4. When work is exclusively contracted, the parties agree in writing that payment will be made in installments proportional to the progress of the work and the delivery of materials. The maximum down payment percentages are taken into account (see Article 5, paragraph 2). If no specific agreements are made about this, the following payment conditions apply:
• when giving the assignment 25% resp. 15% of the agreed sum depending on the maximum down payment percentage of Article 5, paragraph 2
• after the supply of the materials 35% resp. 45%
• immediately after delivery 30% and
• the remaining 10% within 14 days after delivery.
The customer always receives a partial invoice for this.
Payment terms invoices
5. Payment of an invoice or partial invoice will take place no later than 14 days after receipt, unless otherwise agreed.
Late payment
6. If the customer does not pay on time, he is in default according to the law without notice of default. However, after the payment term has expired, the entrepreneur will send a payment reminder in which he informs the customer of his default. The entrepreneur gives him the opportunity to pay within 14 days of receiving the payment reminder and points out the consequences if he does not do so.
7. After this further period, the entrepreneur may collect the amount due without further notice of default. The associated (collection) costs are borne by the customer. These costs are limited to a maximum of the percentage of the principal amount permitted by law and regulations.
8. The entrepreneur may charge consumers statutory interest if payment has still not been made after the term of paragraph 6. The interest may be calculated from the term referred to in paragraph 5 until everything has been paid.
For a business customer, the entrepreneur may calculate statutory commercial interest after the period referred to in paragraph 5.
Suspend payment obligation
9. In the event of complaints, the customer may only withhold that part of the invoice that is proportionate to the content and seriousness of the complaint. The entrepreneur may not collect this part of his invoice if there are justified complaints. The customer must pay the other part of the purchase/contract price within the payment term.
10. If payment in installments has been agreed upon when work is only accepted and the entrepreneur does not continue the work, the customer may suspend payment of the installment. The customer must pay previously sent partial invoices within the payment term.
ARTICLE 12 – CANCELLATION
1. If the customer cancels, he is liable to pay compensation. This is based on lost income based on industry averages.
The compensation is made up of the gross profit margin (fixed and variable costs, profit mark-up), less variable costs not incurred such as delivery costs. The compensation amounts to 30% of the purchase/contract price, unless the parties have agreed otherwise. This is 50% if the customer cancels while he has already been informed that the (partial) delivery can take place.
2. The percentages mentioned in paragraph 1 are fixed, unless the entrepreneur can prove that his damage is greater or the buyer can demonstrate that the damage is smaller.
3. A cancellation is preferably made in writing. In the event of a verbal cancellation, the entrepreneur will confirm this in writing.
4. When purchasing a kitchen, a consumer can cancel in writing within 2 days, starting the day after the conclusion of the purchase, at a reduced percentage of 5% of the purchase price with a minimum of € 500. If the consumer does not e-mail If the entrepreneur has an email address, he can also cancel by registered letter. He then proves via the dated shipping receipt that the letter was sent within 2 days.
5. The consumer does not have to pay cancellation costs for an off-premises or distance contract if he makes use of the right of withdrawal as laid down by law and in Article 20 D for this sales method.
6. In the event of an unfair commercial practice as referred to in the Unfair Commercial Practices Act, a consumer can terminate the agreement without costs. This is the case if the consumer has been misled or approached aggressively, for example if the seller has put unreasonably heavy pressure on the consumer when concluding the agreement. The consumer must prove that this was the case.
ARTICLE 13 – ADDITIONAL COSTS, ADDITIONAL WORK AND/OR LESS WORK
Costs that arise because the customer has failed to enable the execution or continuation of the work will be borne by the customer.
Additional work and/or less work will be settled fairly.
Additional work includes, among other things: all work and deliveries that are not included in the agreement and that are required by the customer.
Less work is understood to mean: the part of the agreement that is not carried out with the consent of both parties. Areas that cannot be floored, e.g. columns and recesses and cutting losses, do not require less work. At the request of the customer, the entrepreneur will leave remnants with the customer.
ARTICLE 14 – UNENFORCEABILITY OF THE AGREEMENT DUE TO FORCE MAJEURE
1. If compliance with the agreement is temporarily impossible due to a cause that cannot be attributed to one of the parties, the other party is released from its obligations for that period.
2. If compliance with the agreement is permanently impossible in whole or in part for one of the parties due to a cause that cannot be attributed to him, both parties will make as much effort as is reasonably possible to still perform the agreement. The parties will discuss this.
If the parties cannot reach an agreement, they have the right to dissolve the agreement in whole or in part against compensation to the other party for the costs reasonably incurred and to be incurred.
ARTICLE 15 – CONFORMITY AND WARRANTY
1. The delivered product must have those properties that the customer can expect under the agreement under normal use (conformity). This also applies to special use if this was agreed by the parties when concluding the agreement. If this expectation is not met, the customer is entitled to repair, replacement, dissolution and/or price reduction.
2. The entrepreneur gives a full 2-year warranty on the delivered products, in addition to the legal obligations of paragraph 1. Parties can also agree otherwise in writing. The 2-year warranty does not apply to defects related to use by the customer that does not correspond to the intended purpose. The entrepreneur makes this plausible. The entrepreneur bears the costs of repairs and/or replacement, incl. freight and call-out costs;
If the defect can be repaired properly, the entrepreneur does not have to replace the product.
If the customer has moved abroad, freight and call-out costs will be reimbursed based on the original delivery address.
3. By law, the customer must prevent or limit damage as much as possible.
4. Even after the two-year warranty in paragraph 2 has expired, the customer may still have rights under the law (paragraph 1). The entrepreneur cannot then rely on the expiration of this guarantee.
5. The obligations of the entrepreneur with regard to conformity and guarantee of paragraphs 1 and 2 do not fall under the down payment arrangement referred to in Article 19. In the event of bankruptcy / suspension of payments / statutory debt restructuring of the entrepreneur, the buyer can report as a creditor to the curator / receiver.
6. If the manufacturer of the products provides a more extensive guarantee to the entrepreneur, this guarantee also applies to the customer.
7. Warranty provisions only apply to the intended use of the products delivered or the work carried out, or to special use if this has been agreed.
8. The buyer must behave like a good buyer. This means, for example, that the product is properly and adequately maintained and treated.
9. Deviations in color, wear resistance, structure, etc. may limit or exclude the right to warranty and/or compensation. This is the case if the deviations are acceptable from a technical point of view according to applicable, customary standards or trade practice.
10. Excluded from the warranty of paragraph 2 are: (disposable) batteries, interchangeable light sources, home accessories and normal wear and tear.
ARTICLE 16 – LIABILITY
The entrepreneur is not liable for damage due to causes that he was not aware of or should not have been aware of, unless he is liable according to the law or if otherwise agreed between the parties. These causes can be, for example:
• the development of shrinkage seams and/or hairline cracks as a result of the gradual loss of construction moisture after new construction or renovation;
• the development of discolouration, shrinkage seams and/or hairline cracks due to the direct effect of heat sources such as the sun, central heating pipes and fireplaces;
• an air humidity percentage that is too high or too low in the room in question and surrounding rooms or an extreme change therein;
• an incorrect composition of the intermediate and/or subfloor or an insufficiently flat subfloor, if this has not been installed by the entrepreneur. The entrepreneur reports the insufficient level to the customer before the start of the work; • the floor is not permanently dry, provided that the entrepreneur has measured the moisture level of the floors in advance and the result was sufficient.
ARTICLE 17 – COMPLAINTS AND DAMAGES
1. Complaints about the execution of the agreement or damage to customer property caused by the entrepreneur must be submitted fully and clearly described to the entrepreneur. This must preferably be done in writing and in any case in a timely manner.
2. If upon delivery there is no opportunity to detect and/or report complaints and damage to the delivered goods or to the customer's property, the customer must report complaints or damage in writing as soon as possible, preferably within two working days after discovery. .
If no notification has been received by the entrepreneur within 14 days after delivery, it will be assumed that the products were delivered undamaged and/or that no damage was caused by the entrepreneur.
3. In the event of damage, the buyer gives the entrepreneur the opportunity to inspect and appraise the damage by or on his behalf for the benefit of his liability insurance. The customer also cooperates in repairs by or on behalf of the entrepreneur.
4. Complaints that only arise after delivery will be reported as soon as possible after arising - no later than within two months of discovery - preferably in writing.
5. Failure to submit the complaint in a timely manner may result in the customer losing his rights in this area.
ARTICLE 18 – DISTANCE AGREEMENTS AND AGREEMENTS CONCLUDED OUTSIDE THE SALES PREMISES
A - The agreement
1. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt electronically. As long as this has not yet happened, the consumer can terminate the agreement.
2. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
3. The entrepreneur may - if the law allows this - investigate whether the consumer can meet his payment obligations and whether there are circumstances that are important for a responsible conclusion of the agreement. If this gives a good reason not to enter into the agreement, the entrepreneur may refuse an order or request or impose special conditions.
4. The entrepreneur will send the following information no later than upon delivery of the product and/or service:
a. the visiting address of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the price of the product or service including taxes, any delivery costs and the method of payment, delivery or execution of the agreement;
e. if the consumer has a right of withdrawal, the model withdrawal form.
This information must be able to be stored and consulted by the consumer.
B - Right of withdrawal
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer the reason for withdrawal, but not oblige him to provide it.
2. The cooling-off period referred to in paragraph 1 starts on the day after the product has been received by or at the request of the consumer on his behalf, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the last product was received by or on behalf of the consumer. The entrepreneur may - if he has clearly informed the consumer about this before the ordering process - refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the last shipment/the last part was received by or on behalf of the consumer.
3. The reflection period referred to in paragraph 2 starts on the day after the conclusion of the agreement.
Extended reflection period for products and services if not informed about the right of withdrawal:
4. If the entrepreneur has not provided the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire 12 months after the end of the reflection period stated in paragraph B.
5. As soon as the entrepreneur provides the information referred to in paragraph 4, the cooling-off period expires 14 days after the day on which the consumer has received that information.
C - Obligations of the consumer during the reflection period
1.During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product in such a way as is necessary to determine the nature, characteristics and operation of the product. The consumer may handle and inspect the product as he would in a store.
2. If the consumer goes further than described in paragraph C1, he is liable for depreciation of the product.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with the mandatory information about the right of withdrawal before or at the time of concluding the agreement.
D - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period via the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day after this notification, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has returned on time if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all supplied accessories, as much as possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product in the event of a distance contract, except:
a. if the entrepreneur has not reported that the consumer must bear these costs; or
b. if the entrepreneur indicates that he will bear the costs himself.
In the case of an agreement concluded outside the sales area, the entrepreneur bears the return costs of the product.
6. If the consumer withdraws after having first expressly requested that the service be performed during the cooling-off period, the consumer will pay for the work carried out up to the moment of withdrawal.
7. The consumer does not bear any costs for the performance of services if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal; or
b. the consumer has not expressly requested that the service be started.
8. In the event of withdrawal, all additional agreements will be dissolved.
E - Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur makes withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt.
2. The entrepreneur will reimburse all payments made by the consumer, including calculated delivery costs, no later than within 14 days after the day of withdrawal. He may wait to pay back until he has received the product, unless the entrepreneur collects the product himself or the consumer proves that he has returned the product.
3. The entrepreneur uses the same payment method for reimbursement as the consumer used, unless otherwise agreed. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
F - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal if he has clearly stated this in the offer in a timely manner before concluding the agreement:
1. Service agreements, after full performance of the service, but only if:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement.
2. Products manufactured to consumer specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
3. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
4. Products that are irrevocably mixed with other products after delivery due to their nature.
ARTICLE 19 – DEPOSIT SCHEME
(Detailed information about the scheme can be found at www.cbw-erkend.nl)
This regulation applies exclusively to an agreement in the field of home furnishings, concluded in a physical store or outside the sales area (e.g. at the consumer's home, on the street or at a trade fair). The arrangement does not apply to distance contracts, e.g. in an online shop.
The scheme applies if the consumer does not receive a product and/or service in the event of bankruptcy/suspension/statutory debt restructuring of the entrepreneur, even though he has made a down payment. This arrangement means that the consumer can conclude a replacement agreement with another CBW-approved home furnishings store. The deposit will be paid on the
price deducted by and on behalf of this CBW-approved home furnishings store. No money will be refunded.
1. The scheme has the following conditions:
a. The consumer submits a written appeal to the SG CBW about the down payment arrangement. This can be done via www.cbw-erkend. nl, search criterion 'appeal to down payment arrangement'. This appeal must be received by SG CBW no later than 3 months after the bankruptcy/suspension/statutory debt restructuring has been declared and the curator has provided the evidence referred to in paragraph 1b.
b. The consumer submits a copy of the agreement, a deposit receipt and a copy of the message from the curator/administrator that the agreement will not be executed and that the deposit will not be refunded.
c. The consumer is obliged to transfer his claim against the original entrepreneur (up to the maximum down payment percentage in Article 5, paragraph 2) to the SG CBW.
2. The SG CBW will inform you within 2 months of receipt whether the appeal is justified. If so, the SG CBW will provide written evidence with which the consumer can conclude a replacement agreement. A list of entrepreneurs, as much as possible in the same (price) segment, can be viewed at www.cbw-erkend.nl. It also explains how this list is compiled. The consumer can submit suggestions to SG CBW.
3. When concluding the replacement agreement, the following rules apply:
a. The consumer immediately hands over the certificate from the SG CBW referred to in paragraph 2 to the entrepreneur with whom the replacement agreement is concluded.
b. The consumer concludes the replacement agreement within 6 months after receipt of the proof.
c. The consumer's deposit will be deducted from the new price, but not more than 25 or 15% of the original price and not more than 25 or 15% of the new price if it is lower than the original price (calculation examples: see www.cbw -erkend.nl).
The percentage of 15% applies to:
• kitchen/bathroom (parts) and sanitary products and/or work to be carried out in connection therewith;
• parquet , solid wood floorboards, stair renovation, marmoleum, natural stone, gravel, (gravel) tiles, cast, concrete, concrete look, cork and laminate floors and/or work to be carried out in connection with these products.
• other product groups, which are listed on www.cbw-erkend.nl.
d. The entrepreneur mentioned on the list will cooperate in concluding replacement agreements. He may only refuse a replacement agreement if he makes it plausible to SG CBW that this is unreasonable in his case.
e. The entrepreneur with whom the consumer wants to conclude a replacement agreement maintains his normal sales price. This does not necessarily have to be the same price as the original entrepreneur charged. The scheme is therefore not a price guarantee. Special promotional, clearance or special offer items may be excluded from the offer.
4. The following are not covered by the down payment scheme:
• distance contracts;
• agreements with business buyers;
• the product warranty referred to in article 15;
• concluding a replacement agreement without assessment by SG CBW (see paragraphs 1 and 2);
• the excess above the stated percentages.
The scheme cannot be invoked if the trustee ensures that he or another party can execute the original agreement under the same conditions.
ARTICLE 20 – DISPUTE SETTLEMENT
1. Disputes between consumer and entrepreneur regarding the conclusion or implementation of agreements can be submitted by both the consumer and the entrepreneur to the Housing Disputes Committee, Bordewijklaan 46, PO Box 90600, 2509 LP The Hague. How this works can be read at www.cbw-erkend.nl. A complaint can be submitted electronically via www.degeschilcommissie.nl.
2. A dispute will only be handled if the consumer has first reported his complaint to the entrepreneur.
3. The consumer can report the dispute within 12 months after submitting his complaint to the entrepreneur. If this period has already expired due to lengthy complaint handling, the consumer has an additional 3 months after it has become clear that the parties cannot reach an agreement, but never later than 2 years after reporting the complaint to the entrepreneur. An appeal for exceeding the deadline is made before or during the first defense.
4. If the consumer reports a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wants to submit a dispute to the Disputes Committee himself, he must ask the consumer to let us know within 5 weeks whether he agrees. The entrepreneur also announces that he can submit the dispute to the court after the expiry of these 5 weeks.
5. The Disputes Committee makes a decision on the basis of its regulations. The decisions of the Disputes Committee are binding. The dispute can also be resolved through mediation by a mediation expert. The regulations will be sent upon request by the Disputes Committee and can be consulted at www.degeschilcommissie.nl (search term 'residential dispute committee regulations'). A fee is due for the handling of a dispute.
6. Only the judge or the Disputes Committee mentioned above has jurisdiction to hear disputes. This is also possible via the European Online Dispute Resolution Platform (http://ec.europa.eu/odr), which will refer to the Disputes Committee.
7. Consumers living outside the Netherlands will ensure that the defective product can be assessed by an expert at the Disputes Committee, at their own expense. If this is not possible, an expert report drawn up by an expert from a dispute committee recognized by the consumer's home country, translated into Dutch or English by a recognized interpreter/translator, will suffice.
ARTICLE 21 – PERFORMANCE GUARANTEE
1. The SG CBW guarantees the consumer that a binding advice issued by the Disputes Committee and a settlement established by the mediation expert will be complied with, except:
• if the entrepreneur has submitted the binding advice to the court for review within 2 months of the date;
• if an appeal to the down payment arrangement referred to in Article 19 can or could have been made.
The consumer must submit a written appeal to the SG CBW (via www.cbw-erkend.nl) within 3 months after the expiry of the period within which the entrepreneur had to comply with the binding advice or the settlement agreement.
2. The SG CBW does not provide a compliance guarantee if - before the dispute has been dealt with - there is:
a. bankruptcy/suspension of payments/legal debt restructuring of the entrepreneur;
b. actual termination of the entrepreneur's business activities. The decisive factor is the date on which the cessation of business is registered in the Trade Register, or an earlier date from which the SG CBW can make the actual cessation of business plausible.
3. If the committee obliges an entrepreneur to pay as well as to carry out work, the work will first be carried out before the payment obligation is carried out, even if the binding advice states a different order.
4. If the binding advice obliges the entrepreneur to take back a product, the consumer must cooperate and give the entrepreneur the opportunity to take it back.
5. The guarantee is limited to € 10,000 per binding advice. SG CBW provides this under the condition that the consumer transfers (cedes) his claim based on the binding advice up to a maximum of the amount paid to SG CBW simultaneously with the honoring of his claim on the compliance guarantee.
For the excess, SG CBW is obliged to make every effort to ensure that the entrepreneur complies with the binding advice. The consumer is offered to transfer his claim for the excess to SG CBW, after which SG CBW will recover the claim (possibly in court) in its own name and at the expense of SG CBW, if reasonably possible.
6. If a situation as described in paragraph 2 arises after the dispute has been dealt with, the compliance guarantee is limited to
• €2,269 for kitchen, bathroom or sanitary facilities and related work
• €1,361 for other products/services.
The last 2 sentences of paragraph 5 also apply here.
ARTICLE 22 – DUTCH LAW
All agreements to which these conditions apply are subject to Dutch law. If the consumer is located in an EU country other than the Netherlands and the law in that EU country grants him more far-reaching rights, the entrepreneur will apply these rights.