Terms and Conditions

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Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Long-term Transactions: Duration, Termination and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 17 - Cancellation of Custom and Personalized Orders

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Reflection Period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term Transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable Medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: the consumer's option to withdraw from the distance contract within the reflection period;
Model Withdrawal Form: the model withdrawal form made available by the entrepreneur that a consumer can complete if they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance Contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more means of distance communication are used;
Means of Distance Communication: means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same room.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Abitare Interiors;
Rechtstraat 63a
6221 EH
Maastricht
Phone number: 0433022721
Email address: info@abitare-interiors.com
Chamber of Commerce number: 56413335
VAT identification number: NL001835484B11

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain in force for the remainder, and the provision in question will be immediately replaced by a provision that approximates the scope of the original as closely as possible in mutual consultation.
Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
any shipping costs;
how the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication means used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, correct it;
any other languages in which the agreement can be concluded in addition to Dutch;
the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must do this using the model form or by means of another communication method such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If the customer has not indicated that they wish to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3, respectively, or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

Upon delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
To exercise their right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, at most the costs of return shipment will be borne by them.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web store owner or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.
Bronze decorative cushions are excluded from return and withdrawal due to hygiene, quality assurance, and to prevent misuse and fraud.
Wallpaper is excluded from return due to batch numbering.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
the delivery of which has begun with the express consent of the consumer before the reflection period has expired;
concerning betting and lotteries.

Article 9 - The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

these are the result of legal regulations or provisions; or
the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

The statutory warranty applies to all products. The duration of the statutory warranty may differ based on the nature of the product.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.

The warranty does not apply if:

the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or handled on the packaging;
the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive a message about this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. No later than upon delivery, it will be stated clearly and comprehensibly that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made known to the entrepreneur representative, unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension

Termination

The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:

terminate at any time and not be limited to termination at a specific time or in a specific period;
terminate at least in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a message of receipt and an indication of when the consumer can expect a more elaborate answer.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints procedure (continued)

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a message of receipt and an indication of when the consumer can expect a more elaborate answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, whose decision is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 17 - Cancellation of custom-made and personalized orders

For products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured based on an individual choice or decision of the consumer, no right of withdrawal applies, as referred to in Article 6:230p sub f of the Dutch Civil Code.
If the consumer cancels an order after the invoice has been sent and the product is custom-made or of a personal nature (e.g., chosen fabrics, dimensions, arrangement or color choice), the entrepreneur is entitled to charge 30% of the order amount as cancellation costs. These costs cover already incurred costs such as purchasing, reservation of materials and production planning.
Cancellations must always be submitted in writing and by e-mail. The date of receipt of the cancellation request serves as the starting point for calculating any costs.
If production of the custom-made product has already started, the entrepreneur reserves the right to charge the full order amount, unless otherwise agreed in writing.

Additional conditions regarding assembly & delivery

Assembly & delivery requirements:

The client must always be present for coordination and communication with the assembly team during installation.
The location must be clear for loading and unloading on site. If a moving lift is needed on site, this will be discussed with the customer. Average costs €150-170 per unloading address.
The skirting board must always be removed at the place of installation, unless otherwise discussed. If the situation is found to be different during assembly, an additional €850 will be charged, and damages from removing the skirting board on the floor or other parts of the room cannot be recovered from Abitare Interiors.
Walls & ceilings must be plastered straight by third parties; if the walls or ceilings are not straight or parallel, there is a risk of seams, unevenness or even no assembly being possible. Abitare Interiors always produces tailor-made products with a personal nature. Crooked walls or ceilings cannot be straightened, which means the ordered product may not fit. Abitare Interiors is not liable for the defects of third parties.
If, after measuring, the situation in the room changes, meaning the dimensions no longer match the dimensions from the 2D drawing, all adjustment costs will be passed on to the client (adjustments, new production, transport, assembly, other matters).
If the order cannot be placed at the agreed delivery time, Abitare Interiors will store the order free of charge in the warehouse for a maximum of 14 days. After 14 days, storage costs will be charged per week. The storage costs per week are €100 excluding 21% VAT.
Damages or defects MUST be reported EXCLUSIVELY within 48 hours via email to support@abitare-interiors.com with photos and a clear description of the damage. If reported outside 48 hours, the costs cannot be recovered from Abitare Interiors. Please note! Abitare Interiors is never liable for indirect damage, such as consequential damage or damage to third parties. This includes any damage to walls, ceilings or floors during drilling, such as using an impact drill or drill for, for example, hanging lamps, paintings, attaching cabinets to the wall, bed headboards or internal and external doors as flush doors, hinged doors and pivot doors. Also damage to doors, stairs, painting and wallpapering due to a narrow or almost impossible passage for our goods. Or otherwise damages suffered by the above are for the account of the client. General Terms and Conditions: All our activities are subject to our general terms and conditions, which can be found at https://abitare-interiors.com/pages/algemene- voorwaarden

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