General terms and conditions

Article 1 General

1.1

These general terms and conditions form part of every purchase agreement or other agreement concluded between Steen Antiek, of which Steen Antiekgroothandel.com is a trade name, and the client, of which the delivery of goods forms a part, unless otherwise expressly agreed upon in writing. The conditions also apply to the legal relationships preceding and resulting from such agreements and to supplementary and follow-up orders, as well as to online sales, unless the specific provisions of the online sales deviate from the general section, in which case the specific provisions apply.

1.2

Applicability of the terms and conditions used by the client is hereby excluded, unless otherwise agreed in writing. In the latter case, if there is a conflict between these terms and conditions and the terms and conditions applied by the client, the present terms and conditions of Steen Antiek will prevail.

 

1.3

Steen Antiek accepts orders from parties acting in the course of a profession or business, as well as from consumers. Steen Antiek only supplies Products and materials. Both consumers and businesses may place orders online on the website of Steen Antiek. The conditions which apply here are added as part B Online Sales in addition to part A General section.

Article 2 Offers/orders

2.1

All offers, in whatever form, are without obligation, unless otherwise agreed.

2.2

Orders are not binding on Steen Antiek until they have been confirmed in writing by Steen Antiek.

 

Article 3 Samples

3.1

If the client expressly requests the sending of samples, these must always be paid for, including any shipping costs.

3.2

Samples must also be paid for in the event that the sample and/or example relates to a follow-up order, regardless of whether or not the latter is carried out.

3.3

The foregoing shall apply unless otherwise agreed in an Agreement.

 

Article 4 Prices

4.1

All prices and fees charged by Steen Antiek are expressed in euros and exclude VAT and other government levies, as well as any costs incurred in the context of the agreement, unless otherwise stated.

4.2

Invoicing shall take place at the prices mentioned in the agreement.

4.3

If the prices of certain products and/or processing have not been specified in the Agreement, deliveries and subsequent processing will take place on the basis of subsequent calculation.

4.4

Offers and/or tenders do not automatically apply to repeat orders.

 

Article 5 Price Increases

5.1

Steen Antiek is entitled to raise the agreed price of goods still to be delivered if, after quotation or after the conclusion of the agreement, the costs of raw materials, auxiliary materials and exchange rates, expressed in the currency of the agreed price, rise.

5.2

If an increase in cost price-determining factors occurs after the conclusion of the agreement, and fulfilment of the agreement at the time of the increase has not yet been completed, Steen Antiek may also pass on these costs. Steen Antiek may also pass these costs on to the client.

5.3

The price increase referred to in this article must be paid simultaneously with the payment of the principal sum or the next agreed payment period.

 

Article 6 Delivery/delivery periods

6.1

The costs of the delivery of the goods shall be borne by the client, unless otherwise agreed.

6.2

The delivery address must be reasonably accessible for the means of transport which are generally customary for deliveries. Client must provide sufficient loading and unloading facilities at the delivery address. To unload the goods and load any return cargo, the customer shall make sufficient staff and (mechanical) aids available free of charge. Client shall do everything possible to reduce to a minimum the waiting time between the time of notification of arrival at the delivery address and the time at which the unloading of the goods to be delivered can commence.

6.3

The mere exceeding of the agreed delivery period will not constitute default on the part of Steen Antiek. The client will, however, in that case be entitled to demand delivery within a reasonable period.

6.4

Steen Antiek is at all times entitled to deliver the goods cash on delivery or to receive advance payment or security in the form desired by it.

6.5

Return shipments are only permitted if Steen Antiek has given its express written consent. The costs of return shipments shall always be borne by the client.

6.6

Steen Antiek is entitled to deliver and invoice orders in parts, unless otherwise agreed in writing.

6.7

The client must provide Steen Antiek with complete and correct information regarding (the scope of) the work to be executed. If it appears that the information was incomplete or incorrect, and that extra costs must therefore be incurred by Steen Antiek, these costs will be charged to the client by Steen Antiek.

 

Article 7 Risk

7.1

The risk attached to the products shall pass to the client from the moment when Steen Antiek makes them available to the client.

7.2

The client is obliged to accept the products at the time they are made available to him, in accordance with the provisions of Article 6.2.

7.3

The risk of damage to and loss of the delivered products and any damage resulting therefrom shall pass to the client immediately upon delivery.

 

Article 8 Payments

8.1

Unless otherwise agreed, amounts charged to the client should be received by Steen Antiek within 14 days of the invoice date in a bank account to be indicated by Steen Antiek. Objections to the amount of the invoice do not suspend the client’s payment obligation. Payment terms for online purchases are discussed in Part B Online Sales.

8.2

All payments by the Client must be made without deduction or set-off.

The customer is not entitled to suspend his payment obligations or to compensation.

8.3 If the client has not paid within the agreed payment period, he shall immediately be in default, without any notice of default being required.

From that moment on, the client shall also owe interest to Steen Antiek. The interest rate is 12% per annum, but will be equal to the statutory commercial interest rate if this is higher. In calculating interest, part of a month is regarded as a full month.

8.4 – In case of liquidation, of (application for) bankruptcy, of (application for) suspension of payment, of seizure of the property or claims of the client or any other circumstance as a result of which the client can no longer freely dispose of its property, the claims of Steen Antiek on the client will be immediately due and payable.

8.5 – Steen Antiek is entitled at all times, regardless of the agreed payment conditions, to demand security for the client’s payment. The customer is immediately in default if he does not meet this demand within the set period. Steen Antiek will then be entitled to dissolve the agreement and recover its damages from the client.

8.6 – If the client fails to fulfill one or more of its obligations, all reasonable costs for obtaining extra-judicial satisfaction will be borne by the client. Extrajudicial costs also include VAT, which is not eligible for setoff.

8.7 – If Steen Antiek has incurred higher costs or incurred other costs, which were reasonably necessary, these will also be eligible for compensation.

Article 9: Retention of title

9.1 – Steen Antiek retains title to the goods delivered to the client by virtue of the agreement until the agreed price with regard to these goods and the work done or to be done for the client has been paid in full, as well as until the claims due to the client’s failure to fulfill the agreement have been paid.

9.2 – The client undertakes with respect to the goods referred to in paragraph 1 not to carry out any acts of alienation, such as pledging or otherwise storing or handing over to third parties, except in so far as the client has fulfilled its obligations towards Steen Antiek at that moment.

9.3 – If the customer acts in violation of the obligations mentioned in section 2, Steen Antiek will be entitled to remove and take back all items delivered by Steen Antiek. The customer is obliged to give Steen Antiek all co-operation with this, in particular by allowing Steen Antiek and/or persons appointed by it access to the company or other spaces used by the customer.

9.4 – All goods delivered by Steen Antiek, possibly also including designs, sketches, drawings, films, software (electronic) files, etc. will remain the property of Steen Antiek until the customer has fulfilled all obligations from all agreements made with Steen Antiek.

9.5 – In case of attachment, bankruptcy or (provisional) suspension of payment or if third parties wish to establish or have established rights to the products delivered under retention of title, to immediately point out the (ownership) rights of Steen Antiek to the attaching bailiff, the trustee, the administrator or the third party involved and will inform Steen Antiek of this without delay.

9.6 – The customer undertakes to insure and keep insured the products delivered under retention of title for the benefit of Steen Antiek against all usual risks, such as (water) damage, fire, explosion and theft. The policy of this insurance will be made available for inspection to Steen Antiek at the first request of the customer.

Article 10: Inspection and complaints

10.1 – The customer is obliged to carefully examine the products (or have them examined) at the time of delivery. In doing so, the client must check whether the quality and quantity of the delivered goods correspond to what was agreed.

10.2 – The customer can no longer appeal to a defect in the performance if he has not complained in writing to Steen Antiek within fourteen days after he has discovered or reasonably could have discovered the defect.

10.3 – If a timely complaint is made pursuant to the previous paragraph, the customer will remain obliged to purchase and pay for the purchased products. The customer is not entitled to any setoff. If the customer wishes to return defective products, this will take place with Steen Antiek’s prior permission and in the manner indicated by the latter. The products will then remain at the customer’s risk.

10.4 – The customer is obliged to take measures to limit his damage as much as possible.

10.5 – The client is obliged to take measures to limit his damage as much as possible. The customer has no right to complain with respect to products where no inspection of the complaint by Steen Antiek can take place.

Article 11: Guarantee

11.1 – Claims under the guarantee only exist if the customer has fulfilled all his obligations toward Steen Antiek (both financial and otherwise) on time and in full.

11.2 – If a product no longer functions properly within the guarantee period, Steen Antiek will have the choice of either delivering a new product free of charge against return of the products found to be faulty, or taking back the products against crediting the amounts invoiced to the customer for the products found to be faulty. By fulfilling one of these performances, Steen Antiek is fully discharged of its guarantee obligations and is not obliged to further (damage) compensation.

11.3 – If the customer can appeal to a guarantee provided by the supplier of the delivered product, this guarantee will apply between the parties, on the understanding that the guarantee provided by Steen Antiek will never go beyond the scope of this guarantee. The guarantee provision applies without prejudice to the rights and claims that the law assigns to the customer.

11.4 – When purchasing vintage/antique products, Articles 11.1 through 11.3 above do not apply with respect to warranty. These products are sold “as is”. The customer has had the opportunity to inspect the products on-site at Steen Antiek or by means of visual material made available by Steen Antiek and has, on that basis, entered into the purchase agreement.

11.5 – These general terms and conditions also apply to the replacement of products.

Article 12: Liability

12.1 – Steen Antiek’s liability is limited to damage suffered by the customer which is the direct and exclusive result of a shortcoming attributable to Steen Antiek. This damage will only be eligible for compensation if Steen Antiek is insured against it, or reasonably should have been insured against it, to a maximum of the amount paid by Steen Antiek’s insurer in the case in question.

12.2 – If at the start of the agreement it is not or not reasonably possible for Steen Antiek to take out insurance, the damage compensation will be limited to the amount charged by Steen Antiek for the relevant agreement (excluding VAT).

12.3 – Steen Antiek is never liable for indirect damage suffered by the customer or third parties, including consequential damage, environmental damage, loss of profit, disappointed expectations, (other) immaterial damage and damage to rights of third parties, including industrial and intellectual property rights. If necessary, the customer must take out insurance to cover such damages.

12.4 – The client indemnifies Steen Antiek against all claims by third parties related to (the use of) the products.

12.5 – The client will indemnify Steen Antiek against all claims from third parties due to product liability as a result of a defect in a product delivered by the client to a third party, which (partly) consisted of products and/or materials delivered by Steen Antiek.

12.6 – Steen Antiek is never liable for the consequences of incorrect and/or injudicious use of the delivered goods. The user itself must check if, and is responsible for, the products are suitable for the application it has in mind. Steen Antiek is never liable for damage, of whatever nature, resulting from advice, recommendations, calculations or other statements given (by telephone) regarding goods.

Article 13: Force Majeure

13.1 – If Steen Antiek cannot fulfill its delivery obligations due to force majeure, Steen Antiek will be entitled, without being in default, to suspend the delivery of the goods until the force majeure situation has ended.

13.2 – If the force majeure lasts longer than one month, both Steen Antiek and the customer have the right to unilaterally dissolve the agreement for the part not yet fulfilled without judicial intervention, by notifying the other party.

13.3 – Force majeure will in any case include: war, revolution, riots, fire, weather conditions, flooding, transport impediments, illness, pandemics, government measures including import and export measures, poor harvest, shortcomings in the supply or delivery of raw materials, energy or company necessities, failure of suppliers from whom Steen Antiek obtains these, including work strikes, defects to or damage to machines, as well as any other shortcomings in Steen Antiek’s company.

13.4 – Force majeure also includes any circumstance beyond the control of Steen Antiek, regardless of whether it could be foreseen at the time the agreement was made, which temporarily or permanently prevents fulfilment of the agreement or makes it considerably more difficult or costly.

Article 14: Dissolution and termination

14.1 – Steen Antiek is entitled, without the Customer owing any compensation in this respect, to unilaterally dissolve the agreement and all other agreements running between the parties in whole or in part and to take back the delivered goods without judicial intervention, if:

A. the customer is in arrears with the purchase price or any other amount owed to Steen Antiek.

B. he is declared bankrupt or applies for suspension of payment.

14.2 – In the event of termination of the agreement on the grounds mentioned in the previous paragraph, any claim Steen Antiek may have on the customer will be immediately and immediately due and payable in full.

14.3 – In case of bankruptcy or suspension of payment of the client, Steen Antiek will be entitled, without the client owing any compensation in this respect, to unilaterally dissolve the agreement and all other agreements running between the parties for the unfulfilled part without judicial intervention.

14.4 – The provisions of this article do not affect the right of the terminating party to full compensation for damage suffered by it.

Article 15: Applicable law, competent court and interpretation of provisions

15.1 – Dutch law applies to these general terms and conditions and to all agreements entered into by Steen Antiek. All disputes that may arise between Steen Antiek and the customer will be submitted to the competent judge in Overijssel, unless this is contrary to mandatory law.

15.2 – The Vienna Convention on Contracts for the International Sale of Goods (C.I.S.G.) does not apply, nor does any other international regulation of which exclusion is permitted.

15.3 – The parties shall only resort to court after they have made every effort to settle a dispute by mutual agreement.

15.4 – The Dutch text of these general terms and conditions is always leading in the interpretation of its content and scope.

Article 1: The offer and information on the website: www.Antiekgroothandel.com

1.1 – The contents of Part B are supplementary to Part A General and vice versa, but are specifically intended for online sales.

1.2 – All offers made by Steen Antiek on the website are without obligation. Steen Antiek reserves the right to change or modify the offer.

1.3 – Steen Antiek makes every effort to provide a complete and accurate description of the Products offered in its offer and on the Website. The information on the Website, such as – but not limited to – prices, images, advice, (technical) drawings, (product) films and sizes and weights of Products, is only provided by way of indication. The Buyer cannot derive any rights from these.

1.4 – All Products on the website are supplied without accessories, by whatever name, unless otherwise stated.

1.5 – Printing errors, typing errors or apparent mistakes in an offer or in the information on the Website do not bind Steen Antiek.

1.6 – Steen Antiek cannot guarantee that the colors shown on the Website correspond exactly with the actual color of the Product.

Article 2: The agreement

2.1 – The agreement is concluded at the moment of acceptance by the Buyer of Steen Antiek’s offer on the Website and fulfilling the accompanying (payment) conditions.

2.2 – Each agreement is entered into under the suspensive condition of sufficient availability of Products and parts.

Article 3: Delivery time

3.1 – The delivery time is indicated approximately.

3.2 – The delivery time starts from the moment the agreement is concluded and the agreed payment has been made.

3.3 – Steen Antiek will make every effort to meet the delivery times. However, Steen Antiek is not liable for the harmful consequences for the Customer of exceeding delivery times, unless this liability is accepted by Steen Antiek or Steen Antiek has failed in its obligation of effort to be proven by the Customer.

3.4 – Exceeding the delivery time does not give the Buyer the right to dissolve the agreement or claim compensation.

Article 4: Delivery and transfer of risk

4.1 – The place of delivery is the address that the Buyer has made known to Steen Antiek on the order form on the website.

4.2 – Goods are at the risk of the Buyer from the moment of delivery, or from the moment that the goods are offered for delivery but without lawful reason are not taken by the Buyer. In the latter case, Steen Antiek can claim reasonable compensation for storage costs.

4.3 – The prices on the website are inclusive of VAT. Shipping costs are the responsibility of the buyer.

Article 5: Return shipments and right of withdrawal

5.1 – Steen Antiek does not accept returns, unless a Consumer can invoke his right of withdrawal. A Consumer has a legal reflection period of 14 days, during which the Consumer may return Products ordered via the website without giving reasons. This right of withdrawal for a Consumer is excluded if there is damage caused by the Consumer.

5.2 – The cost of returning Products shall be borne by the Buyer.

5.3 – The provisions of this article are without prejudice to any claims based on issued (manufacturer’s) warranties or non-conformity.

Article 6: Payment and price

6.1 – Unless otherwise agreed, the Buyer must pay the full purchase price in advance to the bank account of V.o.F. Steen Antiek in Almelo.

6.2 – All prices on the Website are exclusive of sales tax, possible removal contribution and shipping costs, unless otherwise indicated on the Website.

6.3 – Steen Antiek is not bound by printing errors or obvious mistakes in prices. In such a case, Steen Antiek is not obliged to deliver the Product at the incorrect price.

6.4 – The Customer is obliged to immediately point out to Steen Antiek any inaccuracies in payment information provided or mentioned.

6.5 – Changes or additions to an already concluded agreement will result in a change of the agreed price, unless the parties agree otherwise in writing.

Article 7: Conformity and guarantee

7.1 – Steen Antiek guarantees that the Products fulfill the Agreement and that the quality of the Products complies with the (legal) regulations and quality requirements applicable to the Products and/or materials in question on the date of the offer.

7.2 – Steen Antiek does not guarantee the ultimate suitability of Products for individual application by the Customer or for advice given by Steen Antiek on the Website or in the offer with regard to the application or use of Products.

7.3 – The manufacturer’s warranty is given on new products as mentioned on Steen Antiek’s Website or in its offer.

7.4 – A claim under the guarantee or non-conformity lapses if the Customer has not informed Steen Antiek within a reasonable period after discovery of the shortcoming or defect. This reasonable period is two weeks for a consumer and one week for a business buyer. Any claim lapses in any case two months after delivery of the Product.

7.5 – The Buyer must check the Products upon receipt for visible defects and shortcomings.

7.6 – The right to complain is forfeited if the Products have been processed, repackaged or if the original condition of the goods has been otherwise altered.

7. 7 – A warranty claim or non-conformity is excluded for defects such as, or resulting from: a) Defects that could have been discovered at the time of delivery; b) Weathering and/or normal wear and tear; c) Abnormal use, improper use or insufficient (timely) maintenance; d) Installation, assembly, alteration, repair or additions by or on behalf of the Buyer; e) Unforeseen, temporary or permanent harmful influence(s) of the environment; f) Damage and/or defects caused during or after delivery by external influences; g) Fire, burglary, acts of war or atomic disasters.

7.8 – The warranty period is not extended or renewed by redelivery, replacement or repair of a Product. Even if the Buyer complains in a timely manner, its obligation to pay and take delivery of orders made remains.

Article 8: Liability

8.1 – In the event of liability on the part of Steen Antiek, Steen Antiek will never be obliged to compensate damage higher than the invoice amount of the delivery concerned.

8.2 – Steen Antiek is not liable for consequential damage, company damage, damage suffered by the Customer as a result of exceeding the delivery time or damage suffered by third parties to whom Products have been passed on or third parties with whom the Customer has entered into an agreement.

8.3 – The Customer indemnifies Steen Antiek against all claims by third parties in connection with Products delivered by Steen Antiek, as a result of which these third parties may have suffered damage, regardless of the cause or moment at which this damage arose.