Conditions

Terms and Conditions Area8

Email : info@area8.nl
Website: https://area8.nl/

1. Area8: Turplace, located at Reimersdennenweg 13A Unit P-02 under Chamber of Commerce no. 8014594. 2. Customer: the person with whom Area8 has entered into an agreement.
3. Parties: Area8 and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Area8.
The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

All prices used by Area8 are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
All prices that Area8 uses for its products, on its website or otherwise made known, Area8 can change at any time.
Increases in the cost prices of products or parts thereof, which Area8 could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples and models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Payments and payment term

Area8 may, upon entering into the agreement, require a down payment of up to 100% of the agreed amount.
The customer must make payments afterwards within 3 months after ordering.
Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without Area8 having to send the customer a reminder or to give the customer notice of default.
Area8 reserves the right to make a delivery conditional on immediate payment or to demand security for the total amount of the services or products.

Consequences of not paying on time

If the customer does not pay within the agreed term, Area8 is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default. whereby part of a month is counted as a whole month.
When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Area8.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Area8 may suspend its obligations until the customer has fulfilled its payment obligation.

In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, Area8's claims against the customer are immediately due and payable.
If the customer refuses to cooperate in the execution of the agreement by Area8, he is still obliged to pay the agreed price to Area8.

Right of advertising

As soon as the customer is in default, Area8 is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Area8 invokes the right of recovery by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Area8, unless the parties make other arrangements about this.
The costs of returning or returning the products are the responsibility of the customer.

Right of withdrawal

A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

the product has not been used
the product is not damaged
the consumer has not waived his right of withdrawal
the product is not personalised; a personalized product falls under orders for which a quotation has been sent manually based on the personalized wishes of the customer, outside the standard choices on the website.
The cooling-off period of 14 days as referred to in paragraph 1 commences:
on the day after the consumer has received the last product or part of 1 order as soon as the consumer has confirmed that he will purchase digital content via the internet
The consumer can make his appeal to the right of withdrawal known via info@area8.nl.
The consumer is obliged to return the product to Area8 within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.

Defective goods delivered

You are obliged to carefully inspect the goods immediately upon receipt. You must check whether the delivered goods comply with the agreement: Were the correct goods delivered? Do the delivered goods meet the agreed quality requirements or – if these are lacking – the requirements that may be set for normal use? If a visible defect or shortcoming is found, you must report this to info@area8.nl within 3 working days after delivery. The costs for returning goods that do not comply with the description of the offer are at the expense of Area8.

You should be careful to open the packaging the products came in and carefully repack the products in the original (or equivalent) packaging before returning the products to us.

Reimbursement of delivery costs

If the consumer has exercised his right of withdrawal in time and as a result has returned the complete order to Area8 on time, Area8 will refund any shipping costs paid by the consumer within 14 days after receipt of the timely and complete return of the order to the consumer.
The costs for delivery will only be borne by Area8 insofar as the entire order is returned.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer, unless the consumer returns the entire order to the return address indicated by Area8.

Return address order upon cancellation

If the consumer makes use of his right of withdrawal, he is eligible for reimbursement of the costs for returning the entire order if the order is returned to the address specified by Area8.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

right of retention

Area8 can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Area8, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Area8.
Area8 is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Area8 against a claim against Area8.

Retention of title

Area8 retains ownership of all products delivered until the customer has fully complied with all its payment obligations to Area8 under any agreement concluded with Area8, including claims for non-performance.
Until then, Area8 can invoke its retention of title and take back the goods.
Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
If Area8 invokes its retention of title, the agreement is deemed to have been dissolved and Area8 has the right to claim compensation, lost profit and interest.

Delivery

Delivery takes place while stocks last.
Delivery takes place at Area8, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed amounts are not paid or not paid on time, Area8 has the right to suspend its obligations until the agreed part has been paid.
In the event of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery against Area8.
If the customer gives the wrong delivery address, the customer is responsible for all consequences and costs.

Delivery time

The delivery times stated by Area8 are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation of this from Area8.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Area8 cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Area8 cannot be held liable for any damage. .
If the customer arranges for the transport of a product himself, he must report any visible damage to products or the packaging to Area8 prior to transport, failing which Area8 cannot be held liable for any damage.

custody

If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.

Assembly/Installation

Although Area8 or transport partners make every effort to carry out all assembly and/or installation work as well as possible, it bears no responsibility for this except in the case of intent or gross negligence.

Guarantee

The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party. third party who receives the product on behalf of the customer.

exchange

Exchanging purchased items is only possible if the following conditions are met:

- Exchange takes place within 14 days after purchase on presentation of the original invoice
- The product is returned in its original packaging or with the original (price) tags still attached
- The product has not yet been used
Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer and Personalized items cannot be exchanged.

disclaimer

The customer indemnifies Area8 against all third-party claims related to the products and/or services supplied by Area8.

Complaints

The customer must examine a product or service provided by Area8 as soon as possible for any shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Area8 of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must notify Area8 within 48 hours of delivery of any damage to products.
The customer provides a description of the shortcoming in as much detail as possible, so that Area8 is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Area8 being obliged to perform other work than has been agreed.

Notice of default

1. The customer must notify Area8 of any notice of default in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Area8 (in time).

Joint and several liability customer

If Area8 enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts due to Area8 under that agreement.

Liability Area8

Area8 is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
If Area8 is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
Area8 is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If Area8 is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability is concerned.
All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Any right of the customer to compensation from Area8 expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Force majeur

In addition to the provisions of Section 6:75 of the Dutch Civil Code, a failure by Area8 in the fulfillment of any obligation towards the customer cannot be attributed to Area8 in a situation independent of the will of Area8, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Area8.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation occurs as a result of which Area8 cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Area8 can meet them again.

Area8 does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.

Change of the agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
The previous paragraph does not apply to products purchased in a physical store.

Change of general terms and conditions

Area8 is entitled to change or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Area8 will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions .

Transfer of rights

Customer's rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Area8.
This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences nullity or voidability

If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Area8 had in mind when drafting the conditions on that point.

Applicable law and competent court

Dutch law applies exclusively to every agreement between the parties.
The Dutch court in the district where Area8 has its registered office / practice / office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Drawn up on November 29, 2022.