Terms & Conditions Area8

General Terms and Conditions Area8

Definitions:

  • Area8 B.V.: established at Labora 2, 7776SJ Slagharen, registered under Chamber of Commerce number 92066356.
  • Customer: Private customer with whom Area8 has entered into an agreement.
  • Parties: Area8 and the customer together.
  • Consumer: a customer who is also an individual and acts as a private person.

Applicability of the General Terms and Conditions:

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

Prices:

  • All prices applied by Area8 are in euros, including VAT and excluding any other costs such as administration costs, levies, and travel, shipping, or transport costs, unless explicitly stated or agreed otherwise.
  • Area8 may change the prices of its products at any time.
  • Increases in cost prices that Area8 could not foresee may give rise to price increases.
  • The consumer has the right to terminate the agreement in case of a price increase, except when it results from a statutory provision.

Samples and models:

  • A sample or model is only an indication of the product.
  • Only if explicitly agreed, the delivered products must correspond to the sample or model.

Payments and payment term:

  • Area8 may require up to 100% prepayment when concluding an agreement.
  • The customer must pay afterwards within 3 months.
  • Payment terms are strict; if exceeded, the customer is immediately in default.
  • Area8 may make delivery dependent on immediate payment or provision of security.

Consequences of late payment:

  • Area8 may charge statutory interest of 2% (consumers) or 8% (businesses) per month.
  • The customer owes extrajudicial collection costs and compensation for damages.
  • Area8 may suspend its obligations.
  • In the event of bankruptcy, seizure, or liquidation, claims become immediately due and payable.
  • If the customer refuses to cooperate with the execution, the payment obligation remains.

Right of reclamation:

  • In case of payment default, Area8 may reclaim delivered products.
  • The customer must return them immediately after notification.
  • The costs of collection or return are borne by the customer.

Right of withdrawal:

  • Custom-made products are excluded from the right of withdrawal.
  • Stock products without individual choices may be returned within 14 days provided that:
  • The customer arranges the return within 14 days after notification.
  • Collection by Area8 costs €150 (NL/BE) or more for other countries.
  • The packaging must be intact; new packaging costs €70.

Transport and damage upon delivery

  • Area8 is responsible for damage to the product up to the first door/threshold. For damages caused after the first door/threshold, Area8 is not liable.
  • The customer is obliged to carefully inspect the goods immediately upon receipt. In doing so, the customer must check whether the delivered goods correspond to the agreement:
  • If a visible defect or shortcoming is found, it must be reported to info@area8.nl within 48 hours of delivery.
  • The costs of replacing goods that do not correspond to the description of the offer are borne 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 may invoke its right of retention and, in that case, retain the customer’s products until the customer has fully paid all outstanding invoices owed 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 the customer may suffer as a result of exercising its right of retention.

Set-off

  • Unless the customer is a consumer, the customer waives the right to offset a debt to Area8 against a claim on Area8.

Retention of title

  • Area8 remains the owner of all delivered products until the customer has fully complied with all payment obligations towards Area8.
  • Until that time, Area8 may invoke its retention of title and reclaim the goods.
  • Before ownership has been transferred to the customer, the customer may not pledge, sell, transfer, or otherwise encumber the products.
  • If Area8 invokes its retention of title, the agreement is considered dissolved and Area8 has the right to claim damages, lost profits, and interest.

Delivery

  • Delivery takes place as long as stocks last.
  • Delivery is carried out by Area8, unless the parties have agreed otherwise.
  • Delivery of online ordered products takes place at the address specified 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 still been paid.
  • In the event of late payment, the customer is in default, as a result of which the customer cannot hold Area8 liable for a delayed delivery.
  • If the customer provides an incorrect delivery address, the customer is responsible for all resulting consequences and costs.

Delivery time

  • The delivery times stated by Area8 are indicative and do not entitle the customer to dissolution or compensation if exceeded, unless the parties have expressly agreed otherwise in writing.
  • The delivery period commences at the moment the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from Area8.
  • Exceeding the specified delivery time does not entitle the customer to compensation or to dissolve the agreement, unless Area8 is unable to deliver within 14 days after having been notified in writing, or if the parties have agreed otherwise.

Actual delivery

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

Transport costs

  • Transport costs are borne by 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 made of this by the carrier or delivery person before accepting the product, failing which Area8 cannot be held liable for any damage.
  • If the customer arranges the transport of a product himself, he must report any visible damage to products or packaging to Area8 prior to transport, failing which Area8 cannot be held liable for any damage.

Storage

  • If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality is entirely borne by the customer.
  • Any additional costs resulting from early or late acceptance of products are entirely at the expense of the customer.

Assembly/Installation

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

Warranty

  • Unless otherwise agreed in writing, Area8 guarantees the soundness of the delivered products for a period of 60 months after delivery.
  • The warranty regarding products applies exclusively to defects caused by faulty manufacturing, construction, or material.
  • At Area8, the natural characteristics of natural stone are respected, without this being considered a defect in the production process. These characteristics, such as color variations, veins, fossil inclusions, crystals, pits, or natural cracks, are inherent to the material and do not constitute grounds for warranty or damages.
  • At Area8, the natural characteristics of wood are respected, without this being considered a defect in the production process. These characteristics, such as expansion, shrinkage, cracking, and/or warping of wood, are part of the authentic character of the material.
  • The wood used by Area8 undergoes a careful process of sawing and drying, with a moisture content between approximately 8% and 12%. This ensures that the final product is perfectly suitable for use in a heated environment.
  • The warranty does not apply in the case of normal wear and tear, or damage resulting from accidents, modifications made to the product, negligence, or improper use by the customer, nor when the cause of the defect cannot be clearly established.
  • The risk of loss, damage, or theft of the products passes to the customer at the moment they are legally and/or actually delivered, or are received by a third party on behalf of the customer.
  • In the case of custom-made products, small variations in dimensions are possible. Unless otherwise agreed, Area8 reserves the right to deviate up to a maximum of 3% from the agreed dimensions.

Indemnification

  • The customer indemnifies Area8 against all claims from third parties related to the products and/or services delivered by Area8.

Complaints

  • The customer must examine a product delivered or service provided by Area8 for any deficiencies as soon as possible.
  • If a delivered product or provided 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 discovering the deficiencies.
  • Consumers must inform Area8 within 48 hours of delivery of any damage to products.
  • The customer must provide as detailed a description as possible of the deficiency, so that Area8 can respond adequately.
  • The customer must demonstrate that the complaint relates to an agreement between the parties.
  • If a complaint relates to ongoing work, this cannot in any case result in Area8 being obliged to perform other work than agreed.

Notice of default

  1. The customer must notify Area8 of notices of default in writing.
  2. It is the responsibility of the customer to ensure that a notice of default actually (timely) reaches Area8.

Joint and several liability of the customer

  • If Area8 enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to Area8 under that agreement.

Liability of Area8

  • Area8 is only liable for any damage suffered by the customer if and insofar as such damage is caused by intent or deliberate recklessness.
  • If Area8 is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
  • Area8 is never liable for indirect damage, such as consequential damage, loss of profit, lost savings, or damage to third parties.
  • If Area8 is liable, such liability is limited to the amount paid out by a concluded (professional) liability insurance, and in the absence of (full) payment by an insurance company of the damage amount, liability is limited to the (part of the) invoice amount to which the liability relates.
  • All images, photos, colors, drawings, descriptions on the website or in a catalogue are only indicative and approximate, and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Limitation period

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

Force majeure

  • In addition to the provisions of Article 6:75 of the Dutch Civil Code, it applies that a failu