General Sales conditions Dtp Studio Schuurman (gardencanvas.co.uk)
Article 1. These conditions will apply
1.1 The General Sales Conditions (hereinafter: Conditions) are applied to all offers, orders and agreements with Dtp Studio Schuurman (hereinafter referred to as Dtp Studio (gardencanvas.co.uk) excluding any other general conditions that might apply. These Conditions are deposited with the Chamber of Commerce in Harderwijk, No 54721490 and can be forwarded if so requested. These conditions are also available on the website, see http://www.gardencanvas.co.uk.
1.2 By accepting an offer and subsequent ordering, it states that you accept these Conditions.
1.3 These conditions can only be deviated from in writing. In which case the remaining conditions will stay in place unconditionally.
1.4 All rights and claims, like in these Conditions and in any additional (further) agreements for Dtp Studio (gardencanvas.co.uk) are stipulated (laid down). These are also stipulated for any representative or any other third persons engaged by Dtp Studio (gardencanvas.co.uk).
Article 2. Offers/agreements
2.1 All offers made by Dtp Studio (gardencanvas.co.uk) are open-ended (non commital) and Dtp Studio reserves the right to change prices, especially when this becomes necessary due to any (legal) regulations. See also Art 3.6.
2.2 An agreement is only realised after Dtp Studio has accepted your order. DtpStudio (gardencanvas.co.uk) has the right to refuse orders and attach certain conditions to the delivering (supply) unless it is explicitedly stated differently. Failing to accept an order Dtp Studio (gardencanvas.co.uk) will inform you within ten (10) working days after the order has been placed.
Article 3. Prices and payments
3.1 The stated prices for the products on offer and services are in Brittish Pounds, inclusive of VAT but exclusive delivery (shipping) costs, any taxes or other levies, unless stated differently or agreed in writing.
3.2 Payment has to be made before delivery of the relevant item.
3.3 Payment can be made upfront (wire transfer).
3.4 By exceeding the payment period you are liable to pay a late payment interest of 1% per month or part of the month for the unpaid amount from the date of defaulting. In case payment is forthcoming after a reminder from Dtp Studio (gardencanvas.co.uk) you will owe twenty two euros, sixty-nine cents (22,69 euros) in administration costs and in the case that Dtp Studio (gardencanvas.co.uk) has to instigate a debt collection you are also responsible for the incurred costs what will be at least 15% of the unpaid amount, without prejudice to the capability of Dtp Studio (gardencanvas.co.uk) to charge instead the actually made extra judically debt collecting costs.
3.5 In case of failing to make any payment, Dtp Studio (gardencanvas.co.uk) is entitled to suspend (and execute) the relevant agreement and its cohesive agreements and further its cancellation.
3.6 In case the prices for the offered items and services increase during the period of ordering and delivery, you are entitled to cancel the order and dissolve the agreement within ten (10) days after the announcement of a price increase by Dtp Studio (gardencanvas.co.uk).
Article 4. Delivery
4.1 The specified delivery time announced by Dtp Studio (gardencanvas.co.uk) are only estimates. In case a delivery can't take place within 30 days, the agreement can be cancelled without any costs or notice.
4.2 The delivery of the items takes place at the place and timeslot where the items are ready for dispatch to you.
Article 5. Retention
5.1 Ownership of the delivered items will be complete when you have paid in full all that is owed to Dtp Studio (gardencanvas.co.uk). You are responsible for the goods the moment delivery has been made.
Article 6. Intellectual and industrial patents(ownership)
6.1 You must respect all intellectual and industrial patents that belong to Dtp Studio (gardencanvas.co.uk) in their whole and unconditionally.
6.2 Dtp Studio can not guarantee that the goods delivered to you are not subject to any (unwritten) intellectual and/or industrial patents by third persons.
Article 7. Liability
7.1 It is your responsibility to check that the items fall in with the agreement. If this is not the case you need to inform Dtp Studio (gardencanvas.co.uk) forthwith in writing and within seven (7) days after delivery. That is if it is reasonably possible to do so within the time frame.
7.2 If it can be shown that the goods (items) fail to meet with the agreement, Dtp Studio (gardencanvas.co.uk) is entitled after receiving the returned items to replace these by new products (goods) or refund the value of the items.
7.3 All products on the website gardencanvas.co.uk are made-to-measure. Therefore they cannot be returned.
Article 8. Orders/communication
8.1 Dtp Studio (gardencanvas.co.uk) is not responsible for any misheard, distorted, delayed orders or any mistakes in orders and announcements caused by the use of the internet or any other means of communication occurring between you and Dtp Studio (gardencanvas.co.uk), including also between Dtp Studio (gardencanvas.co.uk) and third parties, who might be part of the relation between you and Dtp Studio (gardencanvas.co.uk). This is overridden of course if Dtp Studio (gardencanvas.co.uk) can be blamed for being at fault and displaying gross negligence.
Article 9. Force Majeure
9.1 Unabated (notwithstanding) by the rest of its rights Dtp Studio (gardencanvas.co.uk) has the right in case of force majeure in its own way to suspend the execution of your order, as well as cancel (disband) without any judicial interference the agreement. This will be submitted in writng without Dtp Studio (gardencanvas.co.uk) being held liable for any damages, unless in certain circumstances this can be seen as unreasonable and unacceptable.
9.2 Force majeure means any fault that can't be attributed to Dtp Studio (gardencanvas.co.uk), because it can't be held responsible neither in law, for legal action or traffic regulations which come its way.
Article 10. Various
10.1 If you supply Dtp Studio (gardencanvas.co.uk) in writing with an address, Dtp Studio (gardencanvas.co.uk) is entitled to deliver all orders to that address, unless you supply Dtp Studio (gardencanvas.co.uk) in writing with another delivery address.
10.2 When during a short or longer time period Dtp Studio (gardencanvas.co.uk) has accepted whether silently or not a slight relaxation of the Conditions it will insist on the right to a strict adherence to these Conditions. You are never entitled to any right with regards to any relaxation of these conditions by Dtp Studio (gardencanvas.co.uk).
10.3 In case of one or more terms of these Conditions or any other agreement with Dtp Studio (gardencanvas.co.uk) being in conflict with any applied legal provision, the said term(s) will expire and be replaced by a new, determined by Dtp Studio (gardencanvas.co.uk) permissible comparable term (condition).
10.4 Dtp Studio (gardencanvas.co.uk) has the authorisation to make use of third parties to execute your order(s).
Article 11. Applied Law and authorized judge
11.1 All rights, obligations, offers. Orders and agreements which fall under these Conditions, including these Conditions are subject solely to Dutch law.
11.2 All disputes between Parties will be exclusively dealt with by an authorized judge in The Netherlands.