Terms and Conditions Area8

• E-mail: info@area8.en
• Website: https://area-8.com

Definitions:

• Area8 B.V.: located at Neonstraat 2D, 7463PE Rijssen under KvK no. 92066356.
• Customer: Private customer with whom Area8 has entered into an agreement.
• Parties: Area8 and customer together.
• Consumer: a customer who is also an individual acting as a private person.

Applicability of 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 may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
• Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Prices:

• All prices that are Area8 used are in euros, including VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated or agreed otherwise.
• Area8 may change prices of its products at any time.
• Increases in cost prices that Area8 could not have foreseen may give rise to price increases.
• The consumer may dissolve the contract in the event of a price increase, except if it results from a legal regulation.

Samples and models:

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

Payments and payment term:

• Area8 may require up to 100% down payment when concluding a contract.
• The customer must pay in arrears within 3 months.
• Payment deadlines are fatal; if exceeded, the customer is immediately in default.
• Area8 May make delivery subject to immediate payment or security.

Consequences of late payment:

• Area8 May charge statutory interest of 2% (consumers) or 8% (businesses) per month.
• Customer is liable for extrajudicial collection costs and damages.
• Area8 may suspend its obligations.
• In case of bankruptcy, seizure or liquidation, claims are due immediately.
• If the customer refuses to cooperate in performance, the obligation to pay remains.

Right of complaint:

• In the event of payment default, Area8 reclaim products delivered.
• The customer must return them immediately after notification.
• Costs of retrieval or return are for the customer.

Right of withdrawal:

• Customized products are outside the right of withdrawal.
• Stock products without individual choices may be returned within 14 days if:
• Customer must arrange return within 14 days of notification.
• Collection by Area8 costs €150 (NL/BE) or more for abroad.
• Packaging must be intact; new packaging costs €70.

Transport and damage on delivery

• Area8 is responsible for damages to the product up to the first door/threshold. Damages caused after first door/threshold is Area8 not liable.
• The customer is obliged to carefully inspect (or have inspected) the goods immediately upon receipt. In doing so, the customer must check whether the delivered goods comply with the agreement:
• If a visible defect or shortcoming is found, it must be reported to the customer within 48 hours after delivery. info@area8.nl to be reported.
• The costs of replacing goods that do not meet 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 performance of any obligation arising from this agreement.

Right of retention

• Area8 may invoke its right of lien and in that case hold products of the customer until the customer has paid all outstanding accounts with respect to Area8 has been paid, unless the customer has provided adequate security for those costs.
• The right of retention shall also apply pursuant to prior agreements from which the customer still owes payments to Area8.
• Area8 shall never be liable for any damages that the customer may suffer as a result of exercising its right of retention.

Settlement

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

Retention of title

• Area8 remains the owner of all products delivered until the customer has fulfilled all his payment obligations in full with respect to Area8.
• Until that time Area8 invoke its retention of title and repossess the items.
• Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
• If Area8 invoked its retention of title, the contract shall be deemed to be dissolved and has Area8 the right to claim damages, lost profits and interest.

Delivery

• Delivery will take place while supplies last.
• Delivery takes place by Area8, unless the parties have agreed otherwise.
• Delivery of products ordered online takes place at the address specified by the customer.
• If the agreed amounts are not paid or not paid on time, the Area8 the right to suspend its obligations until the agreed part is still paid.
• Late payment shall constitute creditor default, resulting in the customer not being able to meet a delayed delivery. Area8 can object to.
• If the customer provides the wrong delivery address, the customer is responsible for all consequences and costs.

Delivery time

• The delivery Area8 stated delivery times are indicative and if exceeded do not entitle the customer to rescission or damages, unless the parties have expressly agreed otherwise in writing.
• The delivery period commences when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Area8.
• Exceeding the stated delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Area8 cannot deliver within 14 days after being reminded to do so 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 a timely manner.

Transportation costs

• Transportation costs shall be borne by the customer, unless the parties have agreed otherwise in this regard.

Packaging and shipping

• If the packaging of a delivered product has been opened or damaged, the customer must, before accepting the product, have a note made of this by the forwarding agent or delivery person, failing which Area8 cannot be held liable for any damage.
• If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging prior to transport to Area8, failing which Area8 cannot be held liable for any damage.

Retention

• If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
• Any additional costs resulting from premature or delayed acceptance of products shall be borne entirely by the customer.

Assembly/Installation

• Although Area8 or transportation partners makes every effort to perform all assembly and/or installation work to the best of its ability, it bears no responsibility for this except in the case of intentional or gross negligence.

Warranty

• Unless otherwise agreed in writing, the Area8 for a period of 60 months after delivery guarantees the soundness of the products delivered.
• The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
• At Area8 ensure that the natural characteristics of wood are respected, without being considered a defect in the manufacturing process. These characteristics, such as the expansion, shrinkage, cracking and/or warping of wood, are part of the authentic character of the material.
• The wood used at Area8 is used undergoes a careful process of sawing and drying, with a moisture content between about 8% and 12%. This makes the finished product perfectly suitable for use in heated environments.
• The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, modifications made to the product, negligence or incompetent 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 is transferred to the customer at the time when they are legally and/or actually delivered, or come into the control of the customer or a third party.
• Small variations in dimensions are possible with customization. Unless otherwise agreed, retains Area8 the right to deviate to a maximum of 3% of the agreed dimensions.

Indemnification

• The customer shall indemnify Area8 against all third party claims related to the by Area8 delivered products and/or services.

Complaints

• The customer must submit a complaint submitted by Area8 product delivered or service rendered as soon as possible to investigate any shortcomings.
• If a delivered product or provided service does not meet what the customer could reasonably expect from the agreement, the customer must Area8 as soon as possible, but in any case within 1 month after detection of the shortcomings.
• Consumers should Area8 notify within 48 hours of delivery of any damages on products.
• In doing so, the customer shall provide as detailed a description of the deficiency 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 work in progress, this can in any case not lead to Area8 may be required to perform work other than that agreed upon.

Notice of default

1. The customer must give notice of default in writing to Area8.
2. It is the customer's responsibility that a notice of default is Area8 actually reaches us (in a timely manner).

Joint and several liability of customer

• If Area8 enters into an agreement with more than one customer, each is jointly and severally liable for the full amounts they owe under that agreement to Area8 due.

Liability Area8

• Area8 shall be liable for any damage suffered by the customer only if and to the extent such damage was caused by intentional or deliberate recklessness.
• If Area8 liable for any damages, it shall only be liable for direct damages arising out of or in connection with the performance of an agreement.
• Area8 Is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
• If Area8 liable, this 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, the liability is limited to the (part of the) invoice amount to which the liability relates.
• All images, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and only apply approximately and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Due date

• Any right of the customer to compensation of 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 Article 6:89 of the Civil Code.

Force majeure

• In addition to the provisions of article 6:75 of the Civil Code, a failure of Area8 in the fulfilment of any obligation towards the customer cannot be attributed to Area8 can be attributed to an act of the will of the customer. Area8 independent situation, as a result of which the fulfillment of its obligations to the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations to the customer cannot reasonably be expected from Area8 can be required.
• The force majeure situation mentioned in paragraph 1 also includes - but is not limited to - the following: 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 1 or more obligations to the customer cannot be fulfilled, then those obligations will be suspended until Area8 can meet them again.
• Area8 shall not owe any compensation or damages in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Modification of the agreement

• If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its contents, the parties shall in due time and in mutual consultation adapt the agreement accordingly.
• The preceding paragraph does not apply to products purchased in a physical store.

Amendment of general terms and conditions

• Area8 is entitled to amend or supplement these general terms and conditions.
• Amendments of minor importance may be made at any time.
• Major substantive changes will Area8 discuss with the customer in advance whenever possible.
• Consumers are entitled to cancel the contract in the event of a substantial change in 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 counts as a stipulation with property law effect as referred to in article 3:83, second paragraph, Civil Code.

Consequences of nullity or voidability

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

Applicable law and competent court

• Any agreement between the parties shall be governed exclusively by Dutch law.
• The Dutch judge in the district where Area8 is established / practices / holds office is exclusively competent to take cognizance of any disputes between parties, unless otherwise required by mandatory law.

Drafted March 3, 2024.