Terms and Conditions

In these terms and conditions, the following definitions apply: A. Tulmans meubelen: established and having its office at Groesweg 47 (5993 NN) in Maasbree, the Netherlands (Chamber of Commerce number 14114178, VAT number NL001143684B72, telephone +31 77 390 2926, e-mail info@tulmans.nl). B. The customer: the buyer/principal, to be distinguished as: 1. Business customer: a customer acting in the exercise of a profession or business. 2. Consumer: a customer not acting in the exercise of a profession or business. C. Delivery: the actual offering of the agreed goods to the customer.

These terms and conditions apply to all offers, all concluded agreements and all services and acts performed and to be performed. The applicability of any terms and conditions of the customer is excluded. In the event of conflict between provisions of the agreement and these terms and conditions, the provisions of the agreement prevail.

All offers by Tulmans meubelen are without obligation, unless expressly stated otherwise. Any errors, such as incorrect price statements and calculation and clerical errors, are not binding. The agreement is concluded in writing. Amendments to the agreement require written agreement between both parties. For consumers, a maximum of 30% of the purchase price may be requested as a down payment. For business customers, full advance payment or security may be required.

Tulmans meubelen undertakes to deliver the goods in the agreed description, quality and quantity. Tulmans meubelen is entitled to deviate by 2% from the agreed dimensions for tops made of wood. The goods must be manufactured from sound materials and in a sound design. No warranty is given for the suitability of the goods for the purpose for which the customer intends them, unless otherwise agreed.

Tulmans meubelen remains the owner of the goods sold to the customer for as long as the customer has not paid the full amount owed under the agreement. The goods may not be assigned to third parties, pledged or moved until full payment has been made. Tulmans meubelen retains the copyrights and all intellectual property rights to the offers, designs, images and drawings it provides, unless otherwise agreed in writing.

The delivery time and/or performance period are determined by Tulmans meubelen by approximation. The delivery time commences after agreement has been reached on all commercial and technical details, all necessary data are in the possession of Tulmans meubelen, and the agreed (down) payment has been received. In the event that the delivery time is exceeded, Tulmans meubelen is granted a further period equal to the original period, up to a maximum of one month. Exceeding the delivery time and/or performance period does not under any circumstances give rise to a right to compensation.

Tulmans meubelen bears the transport costs and the risk of damage during transport, unless otherwise agreed. Where professional carriers are engaged, transport insurance is taken out. Damage must be noted on the receipt. Notification of damage must take place within two working days of delivery, failing which the customer is deemed to have received the purchased goods without damage.

The customer must ensure that the place of delivery is accessible and can be properly closed off. If the place where delivery is to take place is not accessible at the time of delivery, this is at the expense and risk of the customer. Special circumstances requiring the use of special aids, such as a hoist or crane, must be reported by the customer in advance. In the event of incorrect or incomplete information from the customer, the costs of using special aids are at the customer's expense. Additional costs may be charged for a second delivery attempt.

If the customer refuses delivery, Tulmans meubelen will offer a second delivery. After refusal or after the second delivery, Tulmans meubelen is entitled to charge the customer storage costs and any further damage and costs. In the event of a second refusal, Tulmans meubelen will demand performance in writing within a period of no more than 30 days. If the customer does not comply, Tulmans meubelen is entitled to dissolve the agreement, in which case the customer is obliged to compensate the damage suffered by Tulmans meubelen.

Payment is made in euros. The net (remaining) purchase price must be paid immediately on delivery in cash or by debit card. Payment by credit card is not possible. In the case of partial deliveries, payment is demanded per partial delivery. If payment on invoice has been agreed, a payment term of 14 days from the invoice date applies, unless otherwise agreed in writing. The customer is in default by operation of law upon expiry of the payment term. Consumers owe the statutory interest in the event of default. Business customers owe the commercial interest. After default has occurred, Tulmans meubelen sends a reminder with a period of 14 days, warning of collection costs. Tulmans meubelen is entitled, without further notice of default, to proceed with collection of the amount owed. Extrajudicial collection costs are determined in accordance with the applicable statutory rules. In the event of complaints, the customer may only suspend that part of the payment which is reasonably proportionate to the content and seriousness of the complaint.

The majority of the goods manufactured and/or supplied by Tulmans meubelen are made to measure and not prefabricated. Consumers therefore have no right of withdrawal, because the products are manufactured according to the consumer's specifications or are based on an individual choice or decision of the consumer. The agreement may be terminated by mutual consent. In that case, Tulmans meubelen is entitled to compensation for damage, both the loss suffered and the loss of profit. In the event of force majeure, Tulmans meubelen is entitled to suspend the performance of the agreement or to dissolve it, without then being obliged to pay any compensation. In the event of bankruptcy, suspension of payment or seizure at the customer, Tulmans meubelen is entitled to dissolve the agreement without notice of default.

Tulmans meubelen warrants the soundness of the delivered items for a period of twenty-four months after delivery. The customer must give Tulmans meubelen the opportunity to remedy any defects. The liability of Tulmans meubelen is limited to the free repair of a defective item or to the replacement of that item or a part thereof. The warranty does not apply in the case of: • normal wear and tear • improper use • maintenance not carried out or carried out incorrectly • installation, assembly or modification by the customer or third parties Nor does the warranty apply to: • non-new items • factory-warranted parts (the manufacturer's warranty applies) Special provisions for wood: Wood is a natural product with a moisture content of 8–12%. Wood absorbs and releases moisture depending on the humidity in its surroundings. Wood will hardly "work" if the humidity in the room remains at a reasonably constant level. The ideal humidity is approximately 55%, with a variation of -10% in winter and +10% in summer. With regard to the wooden parts, Tulmans meubelen only provides a warranty on manufacturing defects. No warranty is given on the working of the wood (expansion, shrinkage, cracks).

Tulmans meubelen is never liable for directly or indirectly suffered damage, including consequential damage and delay damage, except in the case of intent or gross negligence. If Tulmans meubelen is liable, it will never be obliged to compensate damage exceeding the total amount of the relevant transaction. The liability of Tulmans meubelen is in all cases limited to the amount covered by the insurance of Tulmans meubelen.

Complaints regarding the quality of the delivered goods can only be asserted by the customer by submission within fourteen days of delivery. If submission within this period is not reasonably possible, a period of fourteen days applies from the moment the defect was discovered or could reasonably have been discovered. The complaint must contain a clear description of the grievances and defects found.

Dutch law applies to all agreements. Disputes will be submitted to the competent court in the district where Tulmans meubelen is established.