General terms & conditions

Article 1: Definitions.

De Machinekamer: part of R and O Q-Products BV Based in Venhuizen and registered with the Chamber of Commerce under file number 69067058.
Client: a natural or legal person who concludes an agreement with De Machinekamer.
Consumer: a Customer as referred to in article 1.2, who does not act in the exercise of profession or business.
De Machinekamer website: the website of Sav & Økse. To be reached via www.demachinekamer.nl.
Products: the most comprehensive definition of a good or thing.
Agreement: a distance contract in which the Customer uses De Machinekamer's system for distance selling of Products at De Machinekamer and where up to and including the conclusion of the agreement only one or more techniques for distance communication are used.
Cooling-off period: a period within which a Consumer has the possibility to effect the dissolution of the purchase via the right of withdrawal.
Right of withdrawal: the possibility for a Consumer (private) to return these Products to De Machinekamer within the reflection period after receiving the Product (s) ordered by him and to recover the purchase price.

Article 2: General Provisions.

Provisions in these general terms and conditions that apply to a Customer shall apply mutatis mutandis to a Consumer, unless expressly stated otherwise.
These terms and conditions apply to all offers and to all (remote) agreements from De Machinekamer that extend to the sale of Products.
Any purchase conditions used by the Customer are explicitly rejected, and therefore do not apply to agreements entered into with De Machinekamer.
If one or more provisions in these general terms and conditions are wholly or partially invalid or destroyed, then the other general conditions remain fully applicable.
In these general terms and conditions, the word 'in writing' can also be regarded as documents produced in writing and sent by electronic means, certainly by e-mail and faxed documents.
The contents of this site as well as the content of all other expressions of De Machinekamer on the Internet have been compiled with the utmost care. However, De Machinekamer can not give any guarantees regarding the nature, accuracy or content of this information. De Machinekamer is not liable for any errors or inaccuracies, or for the consequences of the use of the relevant information.

Article 3: Offers.

With the products offered on the website of De Machinekamer Product Specifications are mentioned as well as the price in Euros of the product both exclusive and inclusive of VAT. Shipping costs are shown before or during the conclusion of the agreement.
The Products offered on the website of De Machinekamer contain the most accurate and truthful description and / or illustration of the offered Product.
If in the descriptions and / or images described in article 3.2 in reality differ, De Machinekamer will in no way be liable to pay the Client. The Consumer shall at all times retain his right to his Right of Withdrawal as specified in Article 6.1.
De Machinekamer provides the Customer with information about the expected delivery time of the Product, this period is only indicative.
Any payable import duties that are due are always at the expense of the Customer.

Article 4: Establishment of an agreement.

Agreements are concluded after the Customer has accepted an offer or quotation issued by De Machinekamer and De Machinekamer has agreed to this acceptance.
An agreement is also concluded if De Machinekamer commences the delivery of Products to the Customer after a Customer has placed an order via the De Machinekamer website.
De Machinekamer is always free, without giving reasons, not to accept an offer accepted by a Customer. If the Customer has already made a payment to De Machinekamer. De Machinekamer will immediately refund this amount to the Customer after refusal.

Article 5: Delivery.

After the conclusion of an agreement De Machinekamer will offer the ordered Products as soon as possible for transport. The costs of the transport are indicated during the conclusion of an agreement.
After an agreement has been concluded between De Machinekamer and the Customer, the Products ordered by the Customer will be delivered by De Machinekamer as soon as possible.
If De Machinekamer is unable to deliver the Product ordered by a Consumer within seventy (70) days, a Consumer may dissolve the agreement.
With the shipping method 'Free delivery in the Netherlands (excluding the Wadden Islands)' we offer one free delivery. If you are not present to receive the products, the costs for a subsequent delivery are for your account.
The customer is responsible for checking prior to delivery whether the furniture fits through doors, staircases, or into the elevator. The customer is solely responsible for renting a moving goods lift if necessary. If the furniture does not fit through the doors, staircases, or into the elevator upon delivery, we will deliver it up to the first threshold.

Article 6: Return of Products.

After receipt of the ordered Products, a Consumer has fourteen (14) days' time, on the basis of his Right of Withdrawal, to return the ordered Product to De Machinekamer without giving reasons.
De Machinekamer will, after receipt of the Product, return the invoice value of the Product to the Consumer within thirty (30) days.
If a Consumer uses his Right of Withdrawal, the risk of shipping and shipping costs will be charged to the Consumer.
The Consumer must take all appropriate measures from the moment of receipt of the Products to prevent damage to the Product and / or packaging.
Damaged Products will never be taken back by De Machinekamer.
The right of withdrawal is excluded for Products that are manufactured according to the Client's personal preference.
A Consumer can not also invoke his right of withdrawal if the ordered Product falls under the exceptions of article 7: 46d paragraph 4 Dutch Civil Code.
The right of withdrawal or statutory cooling-off period does not apply to business customers. Business customers do not have the option to cancel or return their purchase.

Article 7: Warranty.

The Customer must check the delivered Products immediately upon receipt. Any defective Products must be reported to De Machinekamer immediately after discovery and no later than within a period of seven (7) days.
A guarantee period of 1 year applies to products delivered by De Machinekamer.
If complaints about products are upheld by De Machinekamer, the Customer will be offered a repair, a replacement Product or a refund of the invoice value of the Product.
The Customer is not entitled to a warranty as described in this article if it is established that the lack of a Product arose due to the Customer.

Article 8: Price & payment.

Products stated on the website of De Machinekamer include product specifications as well as the price of the product in euros, both exclusive and inclusive of VAT. Shipping costs are shown before or during the conclusion of the agreement.
Payment must be made during the realization of an Agreement via the payment method offered on the Website, by (prior) transfer to the account of De Machinekamer or by means of a payment afterwards on the account of De Machinekamer if De Machinekamer has his approval given.
In the event of non-payment or late payment by the Customer, the day on which the payment should have been effected at the latest on the outstanding amount is due at 1.5% per month, whereby an existing month is counted for a full month.
All (extra) judicial costs of whatever nature, which De Machinekamer as a result of the non-fulfillment by the Customer of its (payment) obligations, must incur at the expense of the Customer.
In the event of overdue payment De Machinekamer is entitled to terminate the agreement with immediate effect or to suspend (further) delivery until the moment the Customer has fully fulfilled the payment obligations, including the payment of interest and costs owed.
Any inaccuracies in the invoicing must be reported directly to De Machinekamer by the Customer, after which De Machinekamer will correct the amount.
Inaccuracies in the billing do not release the Customer from any payment obligations or other obligations laid down in these conditions.

Article 9: Reservation of ownership & Intellectual property.

The Products delivered by De Machinekamer remain the property of De Machinekamer until the moment the Customer has properly fulfilled all obligations from the De Machinekamer contract. The Customer may not tax, sell, dispose of or otherwise encumber Products before the property has been transferred.
In the event that De Machinekamer invokes the retention of title, the relevant agreement shall be deemed to have been dissolved, without prejudice to the right of Savory compensation for damage, loss of profits and interest.
The contents of the website of De Machinekamer, including but not limited to: the texts, images, design, brands and domain names, are the property of De Machinekamer and are protected by copyright and intellectual or industrial property rights that exist under applicable law. Users of the website are not permitted to reproduce the website or any part thereof or to make it available without the permission of De Machinekamer.

Article 10: Force majeure.

De Machinekamer is not obliged to fulfill any obligations towards the Customer if he is prevented from doing so as a result of a circumstance that is not due to his fault, nor under the law, a legal act or generally accepted for his account.
De Machinekamer can suspend the obligations under the contract during the period that the force majeure continues. If the force majeure lasts longer than a period of thirty (30) days, both the Customer and De Machinekamer are entitled to dissolve the agreement, without any obligation to compensate the damage suffered by the other party.

Article 11: Liability.

If De Machinekamer is held liable, any liability is limited to a maximum of the invoice value of the agreement, at least to that part of the agreement to which the liability relates. De Machinekamer is only liable for direct damage. Direct damage should only be understood as:

De Machinekamer is only liable for direct damage. Under direct damage one should only take reasonable reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions.
any reasonable costs incurred in order to have the defective performance of De Machinekamer comply with the agreement, for as far as these can be attributed to De Machinekamer.

reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to limitation of direct damage as referred to in this article.

De Machinekamer excludes all liability for indirect damage suffered by the use of the Products delivered by De Machinekamer, with the exception of situations in which the damage is directly due to intent or gross negligence on the part of De Machinekamer, management and / or management staff.

De Machinekamer is in any case never liable for the following damage items: consequential damage, lost profits, lost savings and damage due to business stagnation.

Article 12: Applicable law and disputes.

All legal relationships to which De Machinekamer is a party are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is excluded.
The Customer and De Machinekamer will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Unless otherwise prescribed by mandatory law, the judge in Alkmaar is in the first instance entitled to hear disputes between De Machinekamer and the Customer.