General terms and conditions Area8

AND-mail: info@area8.nl
Website: https://area-8.com

1. Area8 BV: established at Cruquiusweg 94c, Amsterdam under Chamber of Commerce number 92066356.
2. Customer: Private customer 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

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Area8 .

2. Parties can only deviate from these conditions if they have expressly agreed to this in writing.

3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by Area8 are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.

2. Area8 may change all prices that Area8 uses for its products, on its website or otherwise made known, at any time.

3. 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.

4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal 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

1. When entering into the agreement, Area8 may request a down payment of up to 100% of the agreed amount.

2. The customer must make subsequent payments within 3 months after ordering.

3. Payment terms are considered strict payment terms. This means that if the customer agreed amount has not been paid no later than the last day of the payment term, he will be legally terminated is in default and in breach, without Area8 having to send the customer a reminder or put the customer in default.

4. Area8 reserves the right to make a delivery dependent on immediate payment or a to require security for the total amount of the services or products.

Consequences of not paying on time

1. 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 a part of a month is counted as a whole month.

2. If the customer is in default, he is also liable to pay extrajudicial collection costs and any compensation to Area8 .

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, Area8 may suspend its obligations until the customer has fulfilled his payment obligation has been met.

5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Area8 's claims on the customer shall be immediately due and payable.

6. If the customer refuses to cooperate with the execution of the agreement by Area8 , he is still obliged to pay the agreed price to Area8 .

Right of advertising

1. As soon as the customer is in default, Area8 is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2. Area8 invokes the right of complaint by means of a written or electronic communication.

3. As soon as the customer has been informed of the invoked right of recovery, the customer must return the products where this is required The right to which the goods relate must be returned to Area8 immediately, unless the parties make other arrangements.

4. The costs for retrieving or returning the products will be borne by the customer.

Right of withdrawal

1. The majority of the products manufactured and/or delivered by Area8 are custom-made and not prefabricated. Products that are assembled according to the specific wishes of the customer and are not delivered from stock are not covered by the right of withdrawal. This applies to products that are manufactured based on individual choices of the customer.

2. A consumer can, products in stock and/or for products for which no individual choices have been made, 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

3. The consumer can make known his right of withdrawal, for products in stock and/or for products for which no individual choices have been made, by e-mail: info@area8.nl.

4. The consumer is obliged to return the product to Area8 within 14 days after making his right of withdrawal known, otherwise his right of withdrawal will lapse.

5. If the consumer requests Area8 to collect the product, the costs for this are for the account of the consumer. These costs amount to € 150.00 including VAT for addresses within the Netherlands & Belgium. This is only when it cannot be sent with a postal company such as: PostNL, DHL.
   For countries outside the Netherlands & Belgium this will be higher and depends on the delivery costs at that time. 
   The product must be ready behind the first threshold at the agreed time and be properly packaged. If this is not the case, the product will not be taken.
   
   
6. Our packaging is of high quality and is specially tailor-made for each order. If you no longer have the packaging or if it is no longer in its original condition, we will have to make new packaging. The costs for this are €70 per package.

Transport and damage upon delivery

- Area8 is responsible for damages to the product up to the first door/threshold. Damages caused after the first door/threshold are not Area8 responsibility.

- The customer is obliged to carefully inspect the goods immediately upon receipt. The customer 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 missing - the requirements that may be imposed for normal use?

If a visible defect or shortcoming is found, you must report this to info@area8.nl within 48 hours of delivery. The costs for replacing goods that do not meet the description of the offer are borne by Area8 .

Suspension right

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

1. Area8 may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices to Area8 , unless the customer has provided sufficient security for those costs.

2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Area8 .

3. Area8 is never liable for any damage that the customer may suffer as a result of exercising his right of retention.

Settlement

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

Retention of title

1. Area8 shall remain the owner of all delivered products until the customer has fully complied with all its payment obligations to Area8 under any agreement concluded with Area8 , including claims relating to failure to comply.

2. Until then, Area8 can invoke its right of retention of title and take back the items.

3. Before ownership has been transferred to the customer, the customer may not pledge, sell or dispose of the products or otherwise object.

4. If Area8 invokes its retention of title, the agreement will be deemed to have been terminated and Area8 will have the right to claim damages, lost profits and interest.

Delivery

1. Delivery takes place while supplies last.

2. Delivery will take place by Area8 , unless the parties have agreed otherwise.

3. Delivery of products ordered online will take place at the address specified by the customer.

4. If the agreed amounts are not paid or not paid on time, Area8 has the right to suspend its obligations to suspend until the agreed part has been paid.

5. Late payment constitutes creditor default, resulting in the customer not accepting late delivery Area8 may object.

6. If the customer provides an incorrect delivery address, the customer is responsible for all consequences and costs.

Delivery time

1. The delivery times specified by Area8 are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery time commences at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from Area8 .

3. 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 written notice to do so or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products he has ordered can take place on time.

Transportation costs

Transport costs are borne by the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. 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 receipt of the product, failing which Area8 cannot be held liable for any damage.

2. If the customer arranges for 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.

Conservation

1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the customer.

Assembly/Installation

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

Guarantee

1. Unless otherwise agreed in writing, Area8 guarantees the soundness of the delivered products for a period of 24 months after delivery.
   
   

2. The warranty regarding products only applies to defects caused by defective manufacturing, construction or materials.

3. The warranty 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.

4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time when they are legally and/or actually delivered, or at least come into the power of the customer or a third party. third party who receives the product on behalf of the customer.

Disclaimer

The customer indemnifies Area8 against all claims from third parties relating to the products and/or services supplied by Area8 .

Complaints

1. The customer must examine a product or service supplied by Area8 as soon as possible for any deficiencies.

2. If a delivered product or service does not meet 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 shortcomings.

3. Consumers must notify Area8 of any damage to products within 48 hours of delivery.

4. The customer must provide as detailed a description as possible of the deficiency, so that Area8 is able to respond adequately.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to ongoing work, this may in any case not lead to Area8 may be obliged to perform work other than that agreed.

Notice of default

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

Joint and several liability of the customer

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

Area8 Liability

1. Area8 is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.

2. If Area8 is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.

3. Area8 is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.

4. If Area8 is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the amount of damages by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.

5. All images, photos, colors, 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.

Expiration period

Any right of the customer to compensation from Area8 shall in any case expire 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 Civil Code.

Force majeur

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Area8 to fulfil any obligation towards the customer cannot be attributed to Area8 in a situation beyond the control of Area8 , which prevents the fulfilment of its obligations towards the customer in whole or in part or which makes it unreasonable to expect Area8 to fulfil its obligations.

2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3. If a force majeure situation occurs as a result of which Area8 cannot fulfil one or more obligations to the customer, those obligations will be suspended until Area8 can fulfil them again.

4. In the event of force majeure, Area8 is not liable for any compensation (for damages), even if it enjoys any benefit as a result of the force majeure situation.

Changes to the agreement

1. If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

2. The previous paragraph does not apply to products purchased in a physical store.

Changes to general terms and conditions

1. Area8 is entitled to change or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. Area8 will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions say.

Transfer of rights

1. Customer rights under an agreement between the parties may not be transferred to third parties without the prior written consent of Area8 .

2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Consequences of nullity or voidability

1. 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.

2. 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 drawing up the conditions on that point.

Applicable law and competent court

1. Every agreement between the parties is exclusively governed by Dutch law.

2. The Dutch court in the district where Area8 is established / practices / has an office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Prepared on March 3, 2024.