Legal Page

 

Rik Makes B.V. Version: October 2023

Article 1: General

1. “Seller” refers to Rik Makes BV (Chamber of Commerce nr. 82237174), all affiliated (legal) persons and/or companies, as well as its legal successors.

2. “Buyer” refers to any (legal) person who has entered into, or wishes to enter into, an agreement with the Seller, as well as their representative(s), authorized person(s), successor(s) in title, and heirs.

3. “Goods”/”The Delivered” refers to wood products, sheet materials in the broadest sense of the word, as well as services.

Article 2: Applicability

1. These terms and conditions apply to, and form an inseparable part of, all offers, quotations, and agreements for the purchase and sale of goods and/or services of any kind by the Seller.

2. Deviations from these terms are only valid if explicitly agreed upon in writing by both parties.

3. These terms are filed with the Chamber of Commerce under number 82237174.

4. If any provision is found to be in conflict with the law or reasonableness and fairness, the remaining provisions remain fully applicable.

Article 3: Quotations

1. All offers and quotations are non-binding regarding prices and delivery times, even if a deadline for acceptance is included, unless otherwise agreed in writing.

2. Prices are exclusive of VAT and other government levies.

3. Seller may pass on price increases occurring between the offer and execution due to changes in taxes, raw material costs, or packaging materials.

4. Information in images, samples, color charts, catalogs, or technical drawings provided by the Seller is for indication only and is not binding.

5. Seller is not liable for errors or deviations in prices, measurements, or weights in price lists or quotations.

6. Sales on arrival are based on cost factors applicable at the time of the agreement (e.g., export duties, freight, insurance, taxes). Any differences at the time of delivery are for the account of the Buyer.

7. Advice and instructions are provided to the best of the Seller’s ability but are non-binding; Seller is never responsible for the suitability of goods for a specific application by the Buyer.

8. Buyer is responsible for the measurements and quantities provided. Deviation tolerances apply to wood products unless excluded in writing.

Article 4: Formation of Agreement

1. A binding agreement is formed upon written acceptance (including email) or confirmation of the order by the Seller, or by actual execution of the order.

2. The order confirmation is deemed to represent the order correctly and completely unless the Buyer provides a written objection before delivery.

3. Additional or modified agreements or promises by personnel are only binding if confirmed in writing by the Seller.

4. Seller may require security for payment obligations before proceeding with the agreement.

Article 5: Delivery and Risk

1. Goods travel at the risk and expense of the Buyer in all cases.

2. For direct imports, risks regarding quality, quantity, and (timely) arrival are entirely for the Buyer.

3. For “franco” (carriage paid) delivery, the Seller is only obliged to transport goods to where the vehicle or vessel can reach via a properly navigable/accessible terrain or water.

4. Buyer must ensure proper accessibility and immediate unloading. Failure to do so results in costs for the Buyer.

5. If a product cannot be delivered because the Seller’s supplier is unable to deliver, Seller may offer an alternative or dissolve that part of the agreement without liability.

Article 6: Delivery Times

1. Delivery dates provided are indicative and do not constitute a strict deadline (fatale termijn) unless explicitly agreed in writing.

2. Delays do not entitle the Buyer to dissolve the agreement, refuse payment, or claim damages.

3. For “on-call” (op afroep) deliveries without a set term, Seller is entitled to payment 2 months after the order. Seller may charge storage costs for materials not fully called off.

Article 7: Returns

1. Returns are not accepted without prior consultation. Costs will be charged for accepted returns.

2. Processed, damaged, or unpackaged goods can never be returned.

Article 8: Payments

1. Payment must be made as agreed, or within 30 days. This is a strict deadline; failure to meet it constitutes default.

2. Payments must be made without discount, set-off, or suspension.

3. In case of default, all outstanding amounts (including those not yet due) become immediately payable.

4. A monthly interest rate of 1.5% applies to late payments.

5. Extrajudicial collection costs are at least 15% of the outstanding amount, with a minimum of €500.00.

Article 9: Inspection and Complaints

1. Quantities on shipping documents are deemed correct if not complained about immediately upon receipt and before processing.

2. Visible defects must be reported in writing within 48 hours of delivery.

3. Other defects must be reported in writing within 8 days of discovery.

4. No complaints are accepted for goods that have been opened or processed.

Article 10: Quality

1. Standard quality is delivered unless otherwise specified. Deviations in dimensions or quantities up to 3mm per product or according to manufacturer standards are allowed.

2. Seller is not liable for color deviations.

Article 11: Liability

1. Seller is only liable for damage resulting from intent or gross negligence.

2. Seller is never liable for indirect or consequential damages (e.g., lost profit, construction delays).

3. Liability is capped at the invoice value of the relevant delivery (excluding VAT).

4. Claims for damages must be made within 14 days of the incident and expire if not brought to court within 12 months.

Article 12: Retention of Title

1. All delivered goods remain the property of the Seller until all claims (including interest and costs) are paid in full.

2. Buyer may not pledge or transfer ownership of these goods to third parties outside the normal course of business.

Article 13: Force Majeure (Overmacht)

1. Obligations are suspended during force majeure. If it lasts longer than six months, either party may terminate the agreement without compensation.

2. Force majeure includes unforeseen circumstances such as supplier failures, strikes, weather conditions, or computer malfunctions.

Article 14: Dissolution and Cancellation

1. Seller may dissolve the agreement if the Buyer fails to meet obligations or faces bankruptcy/liquidation.

2. Buyer must always provide a written notice of default with a reasonable term for recovery before attempting to dissolve the agreement.

Article 15: Processing of Goods

1. Processing includes finger-jointing, gluing, painting, planing, sanding, sawing, and drying.

2. Seller is not liable for damage or loss of value during processing and does not insure the goods being processed.

Article 16: Privacy

1. Data is stored as long as legally permitted. Seller may share data with partners if necessary for the sale of products.

2. The current privacy statement on the Seller’s website is part of these conditions.

Article 17: Applicable Law / Competent Court

1. Dutch law applies to all agreements.

2. Disputes will be settled by the Court of Noord-Holland, unless the Seller chooses another competent court.