Article 1 Definitions
In these general terms and conditions the following terms have the following meanings:
Wellness and Garden: Wellness and Garden at Kostedeweg 7 in Vorden.
Customer: Wellness and Garden’s counterparty to the agreement.
These general terms and conditions apply to every quotation, every agreement and (online) order between Wellness and Garden and its customer, insofar as the parties have not explicitly deviated from these general terms and conditions in writing. General terms and conditions used by the customer are not accepted by Wellness and Garden, unless the parties explicitly agree otherwise.
Wellnes and Garden reserves the right to adjust these general terms and conditions. These changes are visible to the customer on the site of www.wellnessandgarden.com.
Article 2 Offers, quotations and agreements
All offers and quotations from Wellness and Garden are without obligation.
Errors or mistakes on the website, in email messages and quotations are not binding for Wellness and Garden.
Information regarding the products offered, such as properties, sizes, weights, appearance, images and quality, are only approximate and are not binding. Wood is a natural product. Deviations in color and material are possible. Wood has the property to swell and shrink, making shape changes possible. These are not grounds for dissolution or cancellation and are not covered by the warranty.
Article 3 Price
The prices on the website are:
– exclusive of delivery and shipping costs and installation costs. These are included as a separate item in the quotation;
– based on delivery from the Wellness and Garden company;
– including VAT, import duties, other taxes, levies and duties;
Wellness and Garden has the right to adjust its prices from time to time.
Article 4 Payment and default
Payment must be made within the period stated on the invoice. Wellness and Garden can require the customer to pay the invoice amount in advance or a down payment.
If the customer does not pay the amount charged in advance on time, Wellness and Garden is entitled to suspend the delivery of products until the full amount of the bill has been paid. After expiry of the payment term, the customer is legally in default by operation of law without notice of default. An interest of 1% per month will then be charged to the customer from the exceeding until payment of the full amount due. Part of the month is counted as a full month. All judicial and extrajudicial collection costs that Wellness and Garden incurs to collect the customer’s claim are for the account of the customer. The extrajudicial collection costs are set at 15% of the principal sum with a minimum of € 100.
Article 5 Cancellation
In case of cancellation of a custom-made product, the customer is obliged to reimburse the reasonably incurred costs (costs of preparing production, ordering from third parties). Cancellation must be made in writing or by e-mail. Immediately after the customer has notified Wellness and Garden that he wishes to cancel the order, the cancellation costs will be communicated to the customer. If the customer does not agree with this, the original order will remain intact and the product will be delivered. The customer must pay the fully agreed price.
Article 6 Delivery
The delivery times stated by Wellness and Garden are indicative. Exceeding the delivery time does not entitle the customer to compensation, dissolution of the agreement or any form of compensation. The only exception to this is exceeding the delivery period to such an extent that the customer cannot reasonably be expected to maintain the agreement. In that case, the customer is entitled to cancel the order or to dissolve the agreement to the extent necessary.
Wellness and Garden and the customer can agree that Wellness and Garden provides a transporter for the transport of the goods. In such a case, the risk of storage, loading, transport and unloading rests with the customer. The customer can insure himself against this. The destination must be easily accessible, without obstacles.
Article 7 Retention of title
The goods delivered by Wellness and Garden remain the property of Wellness and Garden until the customer has fulfilled all obligations under all agreements concluded with Wellness and Garden. Goods delivered by Wellness and Garden that are subject to retention of title may only be edited, processed or resold within the framework of normal business operations. The customer is not authorized to pledge the goods or to establish any right to them. If the customer does not fulfill his obligations or if there is a well-founded fear that he will not do so, Wellness and Garden is entitled to remove or have them removed from the customer or third parties who keep the good for the customer.
Article 8 Force majeure
A shortcoming cannot be attributed to Wellness and Garden or the customer, as the shortcoming cannot be attributed to his fault, nor is it for his account by law, legal act or generally accepted beliefs.
Force majeure includes: extreme weather conditions; floods; landslides; terrorism; obstacles by third parties; barriers to transport; work strikes; stir up; war or dangers of war; loss of or damage to goods during transport thereof; export and import bans; late delivery by suppliers of Wellness and Garden; to burn; malfunctions and accidents in the Wellness and Garden company; (international) government measures. In the event of force majeure on which Wellness and Garden cannot influence, Wellness and Garden is released from its obligation to deliver.
Article 9 Assembly
The products of Wellness and Garden are sold as a kit where the customer can carry out the assembly himself or outsource it to us. All installation costs are borne by the customer. The customer must ensure that the necessary preparation work, such as foundation, has been carried out in accordance with the regulations and that the location is suitable for mounting. The customer is responsible for any permits.
Wellness and Garden is not responsible for incorrect assembly, installation, misuse or changes made by the customer.
Article 10 Guarantee
The customer must check the goods immediately after delivery. Any defects or missing parts must be made known to Wellness and Garden within 2 days after delivery. Wellness and Garden will repair, replace or deliver the missing part. The goods are guaranteed for 2 years. If there are demonstrable material or manufacturing errors, Wellness and Garden has the choice to replace the relevant parts by returning them with new ones or to refund the invoice value. Complaints will not be processed and the warranty will lapse if;
- the customer does not report defects to the delivered goods within 2 days after discovery of the defect to Wellness and Garden;
- repairs to the delivered goods have been carried out by the customer and / or third parties;
- goods have been delivered to the delivered goods that do not need to be attached to it;
- defects are the result of a poor foundation, improper assembly, incorrect treatment, poor maintenance or the use of incorrect maintenance products;
- defects are the result of products not supplied by Wellness and Garden;
- defects caused by humans, nature or animal violence.
Article 11 Liability and prescription
The implementation of the agreement is entirely at the risk and responsibility of the customer. Wellness and Garden is not liable for any damage as a result of force majeure or any act or negligence of the customer. Wellness and Garden is not liable for damage caused by incorrect and / or incomplete information provided by the customer. Wellness and Garden is not liable for damage suffered by the customer because the customer does not properly store, store, pack, transport or assemble the goods. Wellness and Garden is not liable for any accidents or damage to the goods due to incorrect or improper use. Wellness and Garden is not responsible for incorrect installation contrary to the regulations. Wellness and Garden is never liable for indirect damage, which in any case includes consequential damage, lost profit, missed savings, business interruption or immaterial damage of the customer. If Wellness and Garden should be liable for any damage, then the liability is limited to the amount up to a maximum of once the invoice amount, at least to that part of the agreement to which the liability relates or to the amount to which the insurance affiliated by Wellnes and Garden is entitled. gives. Wellness and Garden does not take any responsibility with regard to sockets to which Wellness and Garden products are connected, then create the cable leading to the product, the thickness of the cable or the connection and the earthing. Wellness and Garden is not liable for any injury or damage caused by the product.
All claims against Wellness and Garden that have not been submitted to Wellness and Garden within 1 year now that they have arisen, will lapse by prescription.
Article 12 Applicable law
Dutch law applies to every agreement between Wellness and Garden and the customer. All disputes regarding agreements between the customer and Wellness and Garden are submitted to the competent court in the district where Wellness and Garden is located.