General terms & conditions
These General Terms and Conditions are applicable to all orders placed with StoryTiles VOF. Should you need a copy of these General Terms and Conditions, we would be willing to send you one. The current General Terms and Conditions are registered with the Chamber of Commerce in Amsterdam. The last version always applies, or in special cases the version as applicable when ordering. These General Terms and Conditions apply to both consumer sales as non-consumer sales.
Article 1. The identity of StoryTiles VOF
StoryTiles VOF, KNSM-laan 113, 1019LB, Amsterdam, the Netherlands, e-mail: info@StoryTiles.nl. Account number: 7750440 attn. StoryTiles VOF in Amsterdam, the Netherlands (IBAN: NL58INGB0007750440 and BIC: INGBNL2A). VAT: NL 853013330B01 and Chamber of Commerce number: 58379886.
Article 2. Acceptance of the General Terms and Conditions
– The present General Terms and Conditions apply to all offers and agreements between StoryTiles VOF and another party (the Customer), as far as parties have not explicitly waived these present General Terms and Conditions in writing.
– The present General Terms and Conditions also apply to agreements with StoryTiles VOF if and when it involves third parties to perform the order.
– Possible deviations from these General Terms and Conditions are only applicable if and when explicitly agreed upon in writing.
Article 3. Order confirmation
– All offers are without obligations and take place in writing, in whatever form. Every offer contains a signed date or date and can therefore be reduced to date.
– StoryTiles VOF is exclusively bound to offers if and when the Customer’s acceptance takes place within 30 days, preferably in writing. All prices are including VAT.
– StoryTiles VOF accepts and performs the order as soon as the bank of StoryTiles VOF confirms the payment.
– StoryTiles VOF cannot be obliged to abide by its offers if the Customer, in all fairness and according to generally accepted practice, could have known that the offer or a part of it contains an evident mistake, omission or error.
– If (on subordinate points) the acceptance deviates from the offer as included in the order, StoryTiles VOF is not obliged to abide by it. In this case, the agreement does not originate in accordance with this deviant acceptance, unless StoryTiles VOF indicates otherwise.
– StoryTiles VOF is authorized to – within a legal framework – inquire about the Customer’s ability to comply with its payment obligation, as well as after the facts and factors that are important to a responsible origination of a distance agreement. If, based on this investigation, StoryTiles VOF has good reasons not to enter into the agreement, the Customer is entitled to reject an order or request with sufficient substantiation, or to apply special conditions to the performance of the order.
Article 4. Right of withdrawal
– When purchasing products, the Customer is entitled to dissolve the agreement without stating reasons within 7 workdays after the purchase. This reflection period starts at the day after the Customer receives, or after a representative that the Customer appointed and informed StoryTiles VOF about, receives the product.
– During this reflection period, the Customer will handle the product and its package with care. The Customer only unwraps or uses the product to the extent as necessary to assess if the Customer wants to keep the product.
– If the Customer uses its right of withdrawal, the Customer returns the product to StoryTiles VOF with all delivered accessories and – if possible in all fairness – in the original state and package, in conformity with the fair and clear instructions StoryTiles VOF provided.
– If the Customer uses its right of withdrawal, the only costs the Customer will incur are the cost to return the product.
– If the Customer has paid an amount, StoryTiles VOF refunds this amount as soon as it can, though within 30 days after the return or revocation.
– An exclusion of the right of withdrawal is only possible for products that: a) StoryTiles VOF has created in correspondence with the Customer’s specifications; b) are clearly personal; c) cannot be returned due to their nature.
Article 5. Prices
– The total amount that is stated at the shopping cart, on the offer or on the invoice, is final and includes the prices of the ordered products, their process, packaging and their transport.
– All prices and transport costs for consumer sales are stated in Euros, including VAT. Deviant stipulations with regard to VAT can be applicable to non-consumer sales.
– StoryTiles VOF only sends a separate invoice to an address the Customer has indicated at the explicit request of the Customer.
– No tax refunds take place.
Article 6. Delivery
– StoryTiles VOF makes every effort to, as soon as the order is accepted and a confirmation of the payment is received, deliver the order to the address that the Customer has indicated.
– An external party delivers the ordered products. If it concerns an order outside the EU, the Customer is responsible for the import levies in its country.
– The Customer bears all costs regarding the delivery. If your not present at the scheduled date and time of the plain tiles delivery there will be extra costs regarding scheduling a new appointment.
– The Dutch government charges the shipping costs within Europe with the applicable VAT tariff.
– If the Customer rejects to receive the products or remains in default to provide instructions or information regarding the delivery of products, the Customer bears the possible extra costs for a new delivery or storing the products.
– Every delivery date that StoryTiles VOF possibly mentions is only without reservations. Depending on the country, the delivery time can vary from four (4) to thirty (30) workdays.
Article 7. Guarantee
– StoryTiles VOF guarantees that the ordered products comply with the usual quality and expectations, and that it will make every effort to make sure that the stated products will be handled with the utmost care so the products comply with the description as visible at the website and the time the order was placed.
– StoryTiles VOF does not guarantee products of which it is clear that a) the defect has been caused by inexpedient or incorrect use; b) when the Customer or third parties have applied changes to the products, or tried to apply changes to the products, without informing StoryTiles VOF or without a written confirmation from StoryTiles VOF; c) if the products are used for goals for which the products are not intended.
– StoryTiles VOF accepts no liability for the wall system, nor does StoryTiles VOF accept liability for other possibilities to use or apply the product.
Article 8. Receipt
– As soon as the ordered products are delivered, or at least within the shortest time possible, the Customer is to check if everything is correct. The Customer has to check if both the quality as the amount of the delivered products correspond to what the Customer and StoryTiles VOF agreed, or at least comply with the requirements that are applicable in the common practice.
– Possible visible deviations and / or defects have to be reported to StoryTiles VOF within 48 hours by means of an e-mail. This report is to contain a clear description of the deviation and / or defect, as well as the number of the packing note.
– If the Customer wants to return aforementioned products, the Customer has to contact StoryTiles VOF. The products can only be returned at the Customer’s own expense, and only if StoryTiles VOF has agreed with this return.
– Exclusion of the right of withdrawal is only possible for products that: a) StoryTiles VOF has created in correspondence with the Customer’s specifications; b) are clearly personal; c) cannot be returned due to their nature.
Article 9. Risk transfer
– The risk of lost or damaged products that are subject to the agreement is transferred to the Customer at the moment the products are delivered to the Customer, and with that are under the power of the Customer or a third party the Customer appoints.
Article 10. Payment
– Payment to StoryTiles VOF is to take place before delivery, unless agreed upon otherwise.
– The process and shipment of the ordered products takes place after the bank has confirmed the payment.
– The following information is needed: address, postal code, phone number, e-mail, payment data and shipment address if it deviates from the address stated first.
– Then you will receive an automatically generated email with a number to contain your order.
– No information is transferred to third parties in correspondence with the Data Protection Act; an exception to this are parties that are involved in the order.
Article 11. Right of retention and retention of title
– In case of non-payment or no timely payment, StoryTiles VOF appeals to its right of retention. StoryTiles VOF preservers its retention of title as long as no payment of the delivered products has taken place.
Article 12. The right to terminate the agreement
– For 7 days after receiving the products, the Customer is entitled to terminate the purchase without stating reasons. StoryTiles VOF has to be informed about this in writing. The Customer bears all costs to return the products.
Article 13. Copyrights
– StoryTiles VOF preserves all its rights and authorities that it is entitled to with regard to the stipulations regarding intellectual property.
– The design of the web shop, photos, drawings, sketches, films, software and all the other material, under which (electronic) files, remain the possession of StoryTiles VOF. This also applies to materials that the Customer or third parties are provided with, unless explicitly agreed upon otherwise in writing.
– Should the Customer use the aforementioned materials, this use is only preserved to the Customer and the Customer will not multiply, publish or send these materials to third parties without written authorization from StoryTiles VOF.
Article 14. Liability
– If the products that StoryTiles VOF delivers are not in a good state, the liability of StoryTiles VOF towards the Customer is limited to which is stated in the General Terms and Conditions under “Article 7. Guarantee”.
– If the producer of the delivered products is responsible for consequential loss, the liability of StoryTiles VOF is only limited to replacing this (or these) product(s), and / or to refund the purchase price.
– The Customer itself is responsible for choosing the products. StoryTiles VOF is not liable if the damage is caused by intent, gross negligence and / or culpable use by the Customer.
– StoryTiles VOF is not liable for a wrong and / or delayed process of order data of products and notifications to the Customer, as a consequence of using the internet or any other means of communication between the Customer and StoryTiles VOF, and the possible damage originating from it.
Article 15. Force majeure
– StoryTiles VOF, nor the Customer, is kept to observe with any commitment if StoryTiles VOF or the Customer is hindered to do so as a result of circumstances that are not caused by intent, and nor by law, a legal act or generally accepted practice.
– In these General Terms and Conditions, force majeure means – besides which is included according to law and case law – all external causes, anticipated or not anticipated, that StoryTiles VOF has no influence on but that does impede StoryTiles VOF to observe with its commitments.
– StoryTiles VOF also preserves its right to appeal to force majeure if the aforementioned circumstances take effect after StoryTiles VOF should have observed with its commitments.
– If StoryTiles VOF, in case of force majeure, has the possibility to deliver another product, the Customer can return the product and wait for a different product. The Customer bears the shipment costs.
Article 16. Indemnity
– The Customer indemnifies StoryTiles VOF against claims from third parties if these relate to intellectual property rights regarding materials or data the Customer provided and which are used to perform the order.
– The Customer also guarantees that possible data carriers, electronic files, software, etc. that the Customer provides StoryTiles VOF with do not contain viruses and defects.
Article 17. Complaints
– Complaints have to be sent to the address of StoryTiles VOF, which is KNSM-laan 113, 1019LB, Amsterdam, the Netherlands.
Article 18. Disputes
– All disputes have to be sent to the Court of Amsterdam.
Article 19. Applicable law
– Dutch law applies to all agreements between StoryTiles VOF and its Customers.
– In case of translated versions, the original Dutch text of these General Terms and Conditions prevails.