Terms of service

Article 1. Definitions

1.1 Entrepreneur: guirlando.nl has the trade name Guirlando B.V., established in Venhuizen;

1.2 Business customer: the natural or legal person who acts for purposes related to his trade, business, craft or profession;

Article 2. Applicability

2.1 The General Terms and Conditions apply to all offers, agreements and deliveries of the entrepreneur, unless expressly agreed otherwise in writing;

2.2 If the customer includes provisions or conditions in his order, confirmation or notification containing acceptance that deviate from, or do not appear in, the General Terms and Conditions, these are only binding for the entrepreneur if and insofar as they have been expressly accepted by the entrepreneur in writing.

Article 3. The offer

3.1 The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

3.2 The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

3.3 All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

3.4 Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

3.5 Each offer contains such information that it is clear what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

– the price including and excluding taxes;

– any shipping costs;

– the method of payment and delivery.

Article 4. The agreement

4.1 The agreement is concluded at the moment of acceptance by the customer of the offer and the fulfillment of the associated conditions.

4.2 If the customer 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 customer can dissolve the agreement.

4.3 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 safe web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.

4.4 The entrepreneur can inform himself – within legal frameworks – whether the customer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

4.5 Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

4.6 On the Website and in other materials it is clearly described in good time before the conclusion of the agreement how delivery will take place and an indication is given within which period the products will be delivered.

4.7 The stated delivery time is an indication. The entrepreneur makes every effort to deliver within the indication period.

4.8 As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the customer.

Article 5. Payment

5.1 The customer must make payments to the entrepreneur according to the payment methods indicated on the website. Entrepreneur is free in the choice of payment methods and these can change from time to time. General information about the payment methods is made available to the customer clearly and in good time before the conclusion of the agreement.

5.2 If the customer does not pay on time, he is legally in default from 14 days after the date of the invoice, without notice of default being required. If an amount due is not paid within the payment term, the statutory interest is due on the outstanding invoice amount.

5.3 In the event of late payment, in addition to the amount owed and the interest due thereon, the customer is obliged to pay full compensation for both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies.

Article 6. Warranty and Conformity

6.1 The entrepreneur guarantees that the products and/or services 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. and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

6.2 A guarantee provided to the customer by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the customer has under the agreement.

6.3 If the delivered product does not comply with the agreement, the customer must inform the entrepreneur within a reasonable period of time after discovering the defect.

6.4 If the entrepreneur considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the customer. The maximum compensation is equal to the price paid by the customer for the product.

6.5 The warranty does not apply if:

– The customer has repaired and/or modified the delivered products himself or has had them repaired and/or processed by third parties;

– The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;

– The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

Article 7. Delivery and execution

7.1 The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

7.2 The place of delivery is the address that the customer has made known to the company.

7.3 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 8. Complaints procedure

8.1 The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

8.2 Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the customer has discovered the defects. The complaint must be submitted by e-mail or by post.

8.3 Complaints submitted to the entrepreneur will be answered within a period of 7 days from the date of receipt.

8.4 If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure.

8.5 A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

8.6 If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 9. Liability

9.1 The ordering process on the website contains sufficient control options. If the customer nevertheless makes errors in the entry, the entrepreneur does not accept any liability.

9.2 The total liability of the entrepreneur towards a business customer due to an attributable shortcoming in the fulfillment of the agreement is limited to compensation of a maximum of the amount of the price stipulated for that agreement (excluding VAT).

9.3 Liability of the entrepreneur towards a business customer for indirect damage, including in any case, but expressly not limited to, consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.

9.4 Apart from the cases referred to in paragraphs 1 and 2 of this article, the entrepreneur has no liability whatsoever for compensation towards a business customer, regardless of the ground on which an action for compensation would be based. However, the restrictions referred to in paragraphs 1 and 2 of this article will lapse if and insofar as damage is the result of intent or gross negligence on the part of the entrepreneur.

9.5 In the event of force majeure, which in any case includes disruptions or failures of the internet, the telecommunications infrastructure, power failures, internal disturbances, mobilization, war, blockage in transport, strike, lockout, operational disruptions, stagnation in supply, fire, flooding , extreme weather conditions, import and export barriers and in the event that the entrepreneur is not enabled to deliver by his own suppliers, for whatever reason, as a result of which fulfillment of the agreement cannot reasonably be expected of the entrepreneur, the execution of the agreement will be suspended, or the agreement is terminated if the force majeure situation has lasted longer than 90 days, all without any obligation to pay compensation.

Article 10. Disputes

10.1 Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the customer lives abroad.

10.2 The Vienna Sales Convention does not apply.

Contact details

Blokdijk 3
1608 HH
Wijdenes
info@guirlando.nl