DATE OF LAST MODIFICATION
2024-07-10
Article 1 Definitions
Niels Stoeltie Design is a sole proprietorship that aims to sell handmade design products.
In these General Terms and Conditions, "General Terms and Conditions" shall mean the present General Terms and Conditions.
These General Terms and Conditions apply to the purchase and use of Niels Stoeltie Design handcrafted design products, including lamps, lighting fixtures, furniture, and related accessories (hereinafter referred to as "products"). These products are handcrafted and made-to-order, and as such, may vary slightly from the images and descriptions provided on our website. By buying a product from Niels Stoeltie Design, you agree to be bound by these terms and conditions.
In these General Terms and Conditions, "Customer" shall mean the natural person who does not act for purposes related to his/her business or professional activity (hereinafter: Consumer) or the natural person or legal entity who acts in the exercise of his/her business or professional activity (hereinafter: Business Customer) and makes use of the Services of Niels Stoeltie Design.
In these General Terms and Conditions, "Parties," both collectively and individually, shall mean Niels Stoeltie Design and/or Customer.
In these General Terms and Conditions, "Agreement" shall mean the agreement concluded between Niels Stoeltie Design and Customer, whereby Niels Stoeltie Design undertakes to provide Services and deliver Products to the Customer, and the Customer undertakes to pay a price for this. The Agreement is concluded through an offer from Niels Stoeltie Design and its acceptance by the Customer, as further specified in Article 2.3 of these General Terms and Conditions.
In these General Terms and Conditions, "Services" shall mean all services provided by Niels Stoeltie Design and/or third parties engaged by it to the Customer, including, among other things, the sale of handmade design Products and delivered Products, as well as all other activities performed by Niels Stoeltie Design for the Customer, of any nature, carried out in the context of an assignment, including activities not performed at the express request of the Customer.
In these General Terms and Conditions, "Products" shall mean all Products delivered to the Customer by Niels Stoeltie Design and/or third parties engaged by it, including handmade lamps, furniture, and accessories offered on the Website, whether or not made by Niels Stoeltie Design itself.
In these General Terms and Conditions, "Website" shall mean the website of Niels Stoeltie Design, accessible at www.nielsstoeltiedesign.com.
Article 2 Offer and Conclusion of Agreement
All offers on the Website are entirely non-binding unless expressly stated otherwise.
The Customer can contact Niels Stoeltie Design through the Website, email, or phone for any of the offered Services or Products.
Niels Stoeltie Design will consult with the Customer regarding their expectations and may then provide a quotation, which will be sent by mail or email. The Agreement will only come into effect upon signing the quotation or through an (electronic) order confirmation.
If Niels Stoeltie Design sends a confirmation to the Customer, that confirmation shall determine the content and interpretation of the Agreement, subject to obvious typographical errors. Niels Stoeltie Design is not bound by its offer if the Customer can reasonably understand that the offer or any part thereof contains an obvious mistake or clerical error.
Any notes or responses made by the Customer to the quotation of Niels Stoeltie Design shall not form part of the Agreement unless confirmed in writing by Niels Stoeltie Design .
An order by the Customer that has not been preceded by a written quotation requires written acceptance by Niels Stoeltie Design .
Article 3 Execution of the Agreement
Niels Stoeltie Design will make every effort to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship, as well as to the extent possible in line with the written agreements.
Niels Stoeltie Design has an obligation of best efforts and not an obligation of results in the provision of the Services. An obligation of best efforts means a contractual obligation to make the necessary efforts or to use certain means to achieve the agreed-upon result, which means that Niels Stoeltie Design cannot guarantee that the outcomes, results, or expectations that the Customer has in mind upon the provision of the Services will actually be achieved.
Niels Stoeltie Design is entitled to have certain tasks performed by third parties.
When engaging third parties, Niels Stoeltie Design will exercise due care and, to the extent reasonably possible and customary in the relationship with the Customer, consult with the Customer in the selection of these third parties. The costs of engaging these third parties will be borne by the Customer and will be charged by Niels Stoeltie Design to the Customer.
The Agreement can only be executed by Niels Stoeltie Design if the Customer provides complete and correct (contact) information to Niels Stoeltie Design at the conclusion of the Agreement. Therefore, the Customer is responsible for providing all data indicated by Niels Stoeltie Design as necessary or which the Customer should reasonably understand to be necessary for the execution of the Agreement, in a timely manner to Niels Stoeltie Design .
The Customer ensures that Niels Stoeltie Design can perform its Services in a timely and proper manner. If the Customer fails to meet its commitments in this regard, the Customer is obliged to compensate for any resulting damages.
If a specific timeframe has been agreed upon or provided for the execution of Services or delivery of Products, such timeframe shall never be deemed a strict deadline. In case of exceeding a timeframe, the Customer must notify Niels Stoeltie Design of this in writing, giving Niels Stoeltie Design a reasonable period to still perform the Agreement.
All product descriptions, images, and specifications provided by Niels Stoeltie Design are for informational purposes only and may be subject to change without notice. Niels Stoeltie Design makes no representations or warranties as to the accuracy or completeness of the information provided.
Article 4 Product Usage
Niels Stoeltie Design handcrafted design products are custom-made and intended for personal and indoor use. Each product is unique and should be handled with care. It is crucial to adhere to the specific usage instructions provided with each product to ensure its proper and safe use.
Personal Use: Niels Stoeltie Design products are designed for personal or residential use only. If you intend to use the designs in public spaces, such as commercial establishments, offices, or public venues, you must obtain prior written approval from Niels Stoeltie Design. Niels Stoeltie Design reserves the right to approve or refuse the usage of its designs in public spaces.
Handling and Care: Handle the product with care to avoid any damage or breakage. Follow any provided guidelines regarding weight limits, assembly instructions, and maintenance recommendations.
Lighting Recommendations: For lighting products, use the appropriate bulbs or light sources recommended for the specific product. Follow any instructions regarding dimmer compatibility, voltage requirements, or other lighting considerations.
Customization and Modifications: Do not modify or alter the product without explicit permission from Niels Stoeltie Design. Unauthorized modifications may compromise the product's safety, functionality, and warranty coverage.
Safety Precautions: Observe any safety precautions provided with the product, such as proper installation, securing the product to stable surfaces, and keeping electrical components away from water sources. The products are designed for indoor use.
Warranty Limitations: Please note that the warranty does not cover damages caused by misuse, improper handling, neglect, accidents, unauthorized repairs, or failure to follow the provided usage instructions. Warranty claims will be evaluated based on adherence to these usage guidelines and the terms stated in the warranty section.
Article 5 Pricing and Payment
Prices for Niels Stoeltie Design products are listed in Euros, inclusive of Dutch taxes, and are subject to change without notice. Prices are available upon request and are based on the specific design, materials, and other factors related to the individual product. Shipping and handling fees may be additional and are the responsibility of the purchaser. Custom fees, if any, are also the responsibility of the purchaser. Payment for products must be made by bank transfer only and must be received in full prior to shipment.
If Niels Stoeltie Design agrees to a specific price at the conclusion of the agreement, Niels Stoeltie Design is entitled to increase the price under the following circumstances after commencing the work after the conclusion of the agreement, even if the price was not originally stated as subject to change:
If the price increase is a result of a change in the agreement.
If the price increase is a consequence of an adjustment in the law.
The customer is entitled to terminate the agreement.
Article 6 Right of Withdrawal and Product Returns
The Consumer has the right to cancel a distance contract within 14 (fourteen) days without giving any reason and at no cost (Right of Withdrawal).
Custom-made products are exempted from the Right of Withdrawal; this Right of Withdrawal does not apply to these products.
Article 7 Reservation of Ownership
All goods delivered by Niels Stoeltie Design remain the property of Niels Stoeltie Design until they have been fully paid for.
To the extent that the reservation of ownership by Niels Stoeltie Design ceases to exist through incorporation or otherwise, Niels Stoeltie Design reserves the right to establish a possessory pledge on an item to secure all amounts owed or to be owed by the Customer to Niels Stoeltie Design . At the first request of Niels Stoeltie Design , the Customer must establish this possessory pledge.
Article 8 Liability
This article only applies to an Agreement concluded with the Business Customer.
Sections 8.8, 8.10-8.15 are also applicable to an Agreement concluded with the Consumer.
The Business Customer is responsible for providing correct and representative data and information necessary for the execution of the Agreement. Niels Stoeltie Design is not liable for damages, including those resulting from an incorrect order, if the Business Customer has provided incorrect, non-representative, or irrelevant data.
The delivery time as mentioned in Article 12.1 can only be given approximately. Although every effort will be made to meet the delivery time, Niels Stoeltie Design is not liable for the consequences of exceeding the mentioned time frame. Exceeding the time frame does not give the Business Customer the right to cancel the Agreement or refuse the receipt or payment of the Products, nor is Niels Stoeltie Design obligated to provide any compensation to the Business Customer.
Niels Stoeltie Design is not liable for errors or omissions of third parties engaged by them. By using Niels Stoeltie Design 's Services, the Business Customer authorizes Niels Stoeltie Design , in the event that a third party engaged by Niels Stoeltie Design wishes to limit their liability, to accept such limitation of liability on behalf of the Business Customer.
Regarding the Services provided by Niels Stoeltie Design , an obligation of best efforts applies, and not an obligation of results. Niels Stoeltie Design cannot be held liable for Customer dissatisfaction with the provided Services.
Niels Stoeltie Design is not liable for any damage to the Products during transportation.
Niels Stoeltie Design is not liable for indirect damages, including but not limited to consequential damages.
Niels Stoeltie Design is not liable for any inaccuracies on the Website.
Niels Stoeltie Design is not liable for non-compliance or untimely compliance with the obligations arising from the Agreement, in case it is caused by force majeure as referred to in Article 9.
The Customer indemnifies Niels Stoeltie Design against claims from third parties of any kind related to the Services.
If Niels Stoeltie Design is held liable, its liability will be limited to direct damages actually incurred, paid, or suffered by the Customer due to a demonstrable breach of Niels Stoeltie Design 's obligations concerning its Services.
The liability of Niels Stoeltie Design is limited to the amount covered and paid out by the insurer. If the insurer does not make a payment, or if Niels Stoeltie Design is not insured, the liability is limited to the amount paid by the Customer.
This limitation of liability described in this Article does not apply in case of intent or deliberate recklessness on the part of Niels Stoeltie Design .
This provision does not exclude liability in cases where liability is not allowed to be limited or excluded by law.
Article 9 Force Majeure
Force majeure is understood to mean all external causes, beyond the control or will of Niels Stoeltie Design , which make timely, complete, or proper fulfillment of the Agreement impossible.
Force majeure as referred to in the previous paragraph of this Article also includes, but is not limited to: non-performance by a third party, illness of (personnel of) Niels Stoeltie Design or a third party, abnormal weather conditions, disruptions in water and energy supplies, strikes, severe disruptions in Niels Stoeltie Design 's systems, fire, floods, natural disasters, pandemics, riots, war, or any other domestic disturbances.
In the event of force majeure, the fulfillment of the Agreement shall be suspended for as long as the force majeure continues.
If force majeure results in one of the Parties failing to fulfill its obligations under the Agreement, the other Party is entitled to terminate the Agreement without the intervention of the court. In such a case, Niels Stoeltie Design will proceed to refund any amounts paid, with deductions made for all costs incurred by Niels Stoeltie Design in relation to the Agreement.
Article 10 Quotations and Invoices
Niels Stoeltie Design will provide customers or galleries with a detailed quotation for each order, including the price of the product, any additional taxes, packaging, shipping, and handling fees. The quotation will be valid for a period of 14 days from the date of issue. If the customer decides to proceed with the order, Niels Stoeltie Design will provide an invoice, including all the details of the order and the total amount due, which must be paid in full before the production of the product can start. The invoice will be sent via email, and the customer or gallery must provide Niels Stoeltie Design with a valid email address to receive it.
Article 11 Product Availability
All Niels Stoeltie Design products are built on request and are not available for immediate purchase. To request a design, customers must contact Niels Stoeltie Design via the website, email, Instagram, or galleries that the company works with. Requests will be reviewed and accepted by Niels Stoeltie Design before the build of a product starts. Once the request is accepted, a final price will be provided based on the specific design, materials, and other factors related to the individual product. The estimated lead time for the handcrafted design products will be communicated and are always excluded the packaging and transportation time.
Article 12 Transport and Delivery
Niels Stoeltie Design will make every effort to deliver products in a timely manner. However, we cannot be held responsible for delays due to unforeseen circumstances such as natural disasters, strikes, or other events beyond our control. We will provide tracking information for all shipments, but we cannot be held responsible for any delays or issues with the shipping carrier.
When Niels Stoeltie Design needs the services of a shipping carrier to send pieces outside The Netherlands, it uses Incoterm DAP (Delivered at Place) for the transport and delivery of its products. This means that the products will be delivered to the customer's designated place of delivery, and all costs associated with transport, including loading, unloading, and customs clearance, will be borne by Niels Stoeltie Design up until the point of delivery. The customer is responsible for unloading the products at their designated place of delivery, and any additional costs associated with transport, including loading, unloading, and customs clearance after the point of delivery will be borne by the customer. This exception applies when Niels Stoeltie Design has an agreement with partner galleries or architectural firms.
The Products are at the risk of the buyer from the moment they are delivered to the Customer at the specified delivery address by Niels Stoeltie Design or a carrier appointed by him.
If the Products are available to the Customer after the expiration of the delivery time but are not accepted by the Customer, the Products will be stored at their disposal at their risk and expense, regardless of the reason for non-acceptance.
Article 13 Gallery and Architectural Partnerships
Niels Stoeltie Design may partner with galleries to promote and sell its products. In such cases, the gallery or architectural firm will be responsible for the Incoterm DAP. This means packaging, transport, loading, unloading, and customs clearance for the products, and all associated costs will be borne by the gallery or architectural firm. The gallery or architectural firm will also be responsible for receiving and processing payments from customers, and for handling any issues or returns related to the products. Niels Stoeltie Design will provide the gallery with all necessary information and support to fulfill these responsibilities.
Article 14 Returns and Exchanges
Niels Stoeltie Design stands behind the quality of our products and offers a 30-day return policy for products that are defective or not as described. If you receive a defective or incorrect product, please contact us within 14 days of receipt to request a return or exchange. Returns or exchanges must be authorized by Niels Stoeltie Design in advance and must be in their original packaging with all accessories and documentation.
Article 15 Warranty
Niels Stoeltie Design products are covered by a limited warranty for a period of six months from the date of delivery to the packaging company. This warranty covers defects in materials and workmanship and does not cover damages resulting from improper use, modification, or repair by anyone other than Niels Stoeltie Design or a Niels Stoeltie Design authorized interior design company. If a product fails during the warranty period, Niels Stoeltie Design will repair or replace it at no charge, in accordance with the consumer's legal rights as defined by the Dutch Civil Code (DCC).
Article 16 Limitation of Liability
Niels Stoeltie Design will not be liable for any damages or injuries resulting from the use of our products, including but not limited to indirect, special, incidental, or consequential damages. Our liability is limited to the repair or replacement of the product.
Article 17 Intellectual Property
Niels Stoeltie Design retains the rights and powers it has under the Copyright Act. The Customer guarantees that no rights of third parties oppose the provision of data to Niels Stoeltie Design. The Customer shall indemnify Niels Stoeltie Design against any action based on the allegation that such provision, use, editing, installation, or incorporation infringes on any rights of third parties.
Article 18 Amendment Clause
Niels Stoeltie Design reserves the right to amend or supplement these General Terms and Conditions at any time. Niels Stoeltie Design will notify the Customer of this in a timely manner. The amended General Terms and Conditions will apply to the Agreement one month after the Customer has been informed.
The Consumer has the right to terminate the Agreement no later than on the day of entry into force of the amended General Terms and Conditions if the changes result in Niels Stoeltie Design being able to deliver Services or Products that are substantially different from what the Parties agreed upon at the conclusion of the Agreement.
Article 19 Applicable Law and Jurisdiction
Dutch law applies to the legal relationship(s) between Niels Stoeltie Design and its Customer.
All disputes that may arise between Niels Stoeltie Design and the Consumer shall be submitted to the competent court in the district where the Consumer has his or her place of residence.
All disputes that may arise between Niels Stoeltie Design and the Business Customer shall be submitted to the court in Amsterdam.