Terms & Conditions Area8

General conditions Area8

Definitions:

  • Area8 B.V.: located at Labora 2, 7776SJ Slagharen under Chamber of Commerce no. 92066356.
  • Customer: Private customer with whom Area8 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.
  • The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
  • The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.

Prizes:

  • All prices that Area8 hant 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 foresee may give rise to price increases.
  • The consumer may cancel the contract in the event of a price increase, except if it arises from a legal regulation.

Samples and models:

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

Payments and payment terms:

  • Area8 may require up to 100% deposit when entering into 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 contingent upon immediate payment or security.

Consequences of not paying on time:

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

Right of advertising:

  • In the event of payment default, Area8 delivered products back.
  • The customer must return it immediately after notification.
  • Cost of retrieval or delivery is 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.

Transportation 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 the goods (or have them inspected) immediately upon receipt. In doing so, the customer must check whether the delivered goods comply with the agreement:
  • If a visible defect or deficiency is found, it must be reported to info@area8.en to be reported.
  • The cost of replacing goods that do not meet the description of the offer shall be borne by Area8.

Suspension right

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

Lien

  • Area8 may invoke its right of retention and, in that case, hold products of the customer until the customer has paid all outstanding bills with respect to Area8 has been paid, unless the customer has provided adequate security for those costs.
  • The right of lien also applies under prior agreements from which the customer still owes payments to Area8.
  • Area8 is never 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 owe 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 fully fulfilled all his payment obligations with respect to Area8.
  • Until then Area8 invoke its retention of title and take back the items.
  • Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  • If Area8 invokes his retention of title, the contract shall be deemed terminated and has Area8 the right to claim damages, lost profits and interest.

Delivery

  • Delivery will take place while supplies last.
  • Delivery is made by Area8, unless the parties have agreed otherwise.
  • Delivery of products ordered online is made to 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 constitutes creditor default, resulting in the customer's failure to meet a late delivery Area8 can object.
  • If the customer provides incorrect delivery address, the customer is responsible for all consequences and costs involved.

Delivery time

  • The by Area8 delivery times given 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 starts when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Area8.
  • Exceeding the specified delivery time does not entitle the customer to compensation or the right to rescind the agreement, unless Area8 cannot deliver within 14 days after being given written notice to do so or the parties have agreed otherwise in this regard.

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.

Packaging and shipping

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

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 purchase of products shall be borne entirely by the customer.

Assembly/Installation

  • Although Area8 or transportation partners shall make every effort to perform all assembly and/or installation work to the best of his ability, he shall bear no responsibility for this except in the case of intentional or gross negligence.

Warranty

  • Unless otherwise agreed in writing, the following shall stand Area8 for a period of 60 months after delivery for 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 ensures that the natural characteristics of natural stone are respected, without being considered a defect in the manufacturing process. These features, such as color variations, veins, fossil inclusions, pits or natural cracks, are part of the authentic character of the material and are not covered by warranty or damage.
  • At Area8 ensures that the natural characteristics of wood are respected, without being considered a defect in the production 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 percentage between about 8% and 12%. This makes the finished product perfect for use in heated environments.
  • The warranty does not apply in the case of normal wear and tear and damage caused by 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 passes to the customer at the time of their legal and/or actual delivery, or coming into the control of the customer or a third party.
  • With custom work, slight variations in dimensions are possible. Unless otherwise agreed, retains Area8 the right to deviate up to a maximum of 3% of the agreed dimensions.

Indemnification

  • The customer indemnifies Area8 Against all third party claims related to the by Area8 products and/or services provided.

Complaints

  • The customer is required to provide a certificate provided by Area8 product delivered or service rendered as soon as possible to investigate for any deficiencies.
  • If a product delivered or service provided 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 of the discovery of the deficiencies.
  • Consumers should Area8 notify within 48 hours of delivery of any damages on products.
  • In doing so, the customer provides as detailed a description of the deficiency as possible so that Area8 able to respond appropriately.
  • The customer must show that the complaint relates to an agreement between the parties.
  • In any case, if a complaint relates to work in progress, it cannot result in 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 Area8 also actually achieved (in a timely manner).

Joint and several liability customer

  • As Area8 enters into an agreement with more than one customer, each of them shall be jointly and severally liable for the full amounts they owe under that agreement to Area8 are due.

Liability Area8

  • Area8 is liable for any damage suffered by the customer only if and to the extent that 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, lost savings or damages to third parties.
  • If Area8 is liable, such liability shall be limited to the amount paid out by any (professional) liability insurance taken out, and in the absence of (full) payment by an insurance company of the amount of damage, liability shall be limited to the (part of the) invoice amount to which the liability relates.
  • All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Due date

  • Any right of the customer to compensation from Area8 lapses in any event 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 performance of any obligation to the customer does not meet Area8 can be imputed in one of the will of 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 is not reasonably required 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.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions.
  • If a force majeure situation occurs that causes Area8 cannot fulfill 1 or more obligations to the customer, then those obligations will be suspended until Area8 can meet it again.
  • Area8 is not liable for any compensation or damages in a force majeure situation, even if it receives any benefit 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 content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.
  • The preceding paragraph does not apply to products purchased from a physical store.

Modification of general terms and conditions

  • Area8 is entitled to amend or supplement these general terms and conditions.
  • Changes of minor importance may be made at any time.
  • Major substantive changes will Area8 discuss with the customer in advance as much as possible.
  • Consumers are entitled to terminate the contract in the event of a material 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 clause with property law effect as referred to in Article 3:83, paragraph 2, 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 remaining provisions of these terms and conditions.
  • A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what is Area8 in drafting the terms on that point.

Applicable law and competent court

  • Any agreement between the parties shall be governed exclusively by the laws of the Netherlands.
  • The Dutch court in the district where Area8 is located/practicing/office shall have exclusive jurisdiction over any disputes between the parties, unless otherwise required by mandatory law.

Retrieved March 3, 2024.