Definitions
- Chanz Concepts : Chanz Concepts, established in Helmond, Chamber of Commerce no. 80984983.
- Customer: the party which Chanz Concepts has entered into an agreement with.
- Parties: Chanz Concepts and customer together.
- Consumer: a customer who is an individual acting for private purposes.
Applicability
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Chanz Concepts.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Offers and quotations
- Offers and quotations from Chanz Concepts are without engagement, unless expressly stated otherwise.
- An offer or quotation is valid for a maximum period of 1 month from its date, unless another acceptance period is stated in the offer or quotation.
- If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
- Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.
Acceptance
- Upon acceptance of a quotation or offer without engagement, Chanz Concepts reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.
- Verbal acceptance of the customer only commits Chanz Concepts after the customer has confirmed this in writing (or electronically).
Prices
- All prices used by Chanz Concepts are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Chanz Concepts is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- The parties agree on a total price for a service provided by Chanz Concepts. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
- Chanz Concepts is entitled to deviate up to 10% of the target price.
- If the target price exceeds 10%, Chanz Concepts must let the customer know in due time why a higher price is justified.
- If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%
- Chanz Concepts has the right to adjust prices annually.
- Chanz Concepts will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
- The customer has the right to terminate the contract with Chanz Concepts if he does not agree with the price increase.
Payments and payment term
- Chanz Concepts may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
- The customer must have paid the full amount within 14 days, after delivery.
- Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Chanz Concepts having to send the customer a reminder or to put him in default.
- Chanz Concepts reserves the right to make delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
- If the customer does not pay within the agreed term, Chanz Concepts is entitled to charge an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
- When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Chanz Concepts.
- The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
- If the customer does not pay on time, Chanz Concepts may suspend its obligations until the customer has met his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Chanz Concepts on the customer are immediately due and payable.
- If the customer refuses to cooperate with the performance of the agreement by Chanz Concepts, he is still obliged to pay the agreed price to Chanz Concepts.
Right of withdrawal
- A consumer may cancel an online purchase during a cooling-off of 14 days without giving any reason, provided that:
- The product has not been used
- It is not a product that can spoil quickly, like food or flowers
- The product is not specially tailored for the consumer or adapted to its special needs
- It is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
- The seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
- The product is not a (holiday) trip, a transportation ticket, a catering order or a form of leisure activity.
- The product is not a separate magazine or a loose newspaper
- The consumer has not renounced his right of withdrawal.
The following are also excluded:
- Social services and health care
- Gambling activities
- Financial services
- Package holidays
- Passenger transport services
- Immovable property (house, land)
- Agreements that require a notary
- Agreements for an amount of less than €50
- The cooling-off period of 14 days as referred to in paragraph 1 commences:
- On the day after the consumer has received the last product or part of 1 order
- As soon as the consumer has received the first the product of a subscription
- As soon as the consumer has confirmed the purchase of digital content via the internet
- The consumer can notify this right of withdrawal via info@chanzconcepts.com, if desired by using the withdrawal form that can be downloaded via the website of Chanz Concepts, chanzexample.com.
- The consumer is obliged to return the product to Chanz Concepts within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.
Right of withdrawal
- A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- The service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
- The purchase does not concern an (assignment to) urgent repair
- It does not concern a service that is fully performed with the consent of the consumer within the 14 calendar days right of withdrawal period and the consumer has not renounced his right of withdrawal
- The cooling-off period of 14 days as referred to in paragraph 1 commences
- As soon as the consumer has purchased a service for the first time
- As soon as the consumer has confirmed the purchase of digital content via the internet
- The consumer can notify his right of withdrawal via info@chanzexample.com, if desired by using the withdrawal form that can be downloaded via the website of Chanz Concepts, chanzexample.com
Suspension of obligations by the customer
The customer waives the right of suspend the fulfillment of any obligation arising from this agreement.
Settlement
The customer waives his right to settle any debt to Chanz Concepts with any claim on Chanz Concepts.
Insurance
- The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
- Goods delivered that are necessary for the execution of the underlying agreement
- Goods being property of Chanz Concepts that are present at the premises of the customer
- Goods that have been delivered under retention of title
- At the first request of Chanz Concepts, the customer provides the policy for these insurances for inspection.
Guarantee
When parties have entered into an agreement with services included, these services only contain best-effort obligations for Chanz Concepts, not obligations of results.
Performance of the agreement
- Chanz Concepts executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- Chanz Concepts has the right to have the agreed service (partially) performed by third parties.
- The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possible agreed advance by the customer.
- It is the responsibility of the customer that Chanz Concepts can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
Duty to inform by the customer
- The customer shall make available to Chanz Concepts all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
- The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
- If and insofar as the customer requests this, Chanz Concepts will return the relevant documents.
- If the customer does not timely and properly provides the information, data or documents reasonably required by Chanz Concepts and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
Duration of the service agreement
- The agreement between Chanz Concepts and the customer is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
- If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with overdue observance of a notice period of 3 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end at the end of the fixed term.
- If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the consumer must give Chanz Concepts a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.
Cancellation of the contract for an indefinite period of time
- the customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of 3 months.
- A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.
Indemnity
The customer indemnifies Chanz Concepts against all third-party claims that are related to the products and/or services supplied by Chanz Concepts.
Complaints
- The customer must examine a product or service provided by Chanz Concepts as soon as possible for possible shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Chanz Concepts of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
- Consumers must inform Chanz Concepts of this within two months after detection of the shortcomings.
- The customer gives a detailed description as possible of the shortcomings, so that Chanz Concepts is able to respons adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Chanz Concepts being forced to perform other work that has been agreed.
Giving notice
- The customer must provide any notice of default to Chanz Concepts in writing.
- It is the responsibility of the customer that a notice or default actually reaches Chanz Concepts (in time).
Joint and several Client liabilities
If Chanz Concepts enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Chanz Concepts under that agreement.
Liability of Chanz Concepts
- Chanz Concepts is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
- If Chanz Concepts is liable for any damage, it is only liable for direct damages that results drom or is related to the execution of an agreement.
- Chanz Concepts is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
- If Chanz Concepts is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compenastion from Chanz Concepts shall, in any case, expire withing 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
Dissolution
- The customer has the right to dissolve the agreement if Chanz Concepts imputably fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is minor significance.
- If the fulfilment of the obligatoins by Chanz Concepts is not permanent or temporarily impossible, dissolution can only take place after Chanz Concepts is in default.
- Chanz Concepts has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil his obligations under the agreement, or if circumstances give Chanz Concepts good grounds to fear that the customer will not be able to fulfil his obligations properly.
Force majeure
- In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Chanz Concepts in the fulfilment of any obligation to the customer cannot be attributed to Chanz Concepts in any situation independent of the will of Chanz Concepts, when the fulfilment of its obligations towards the customer is prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from Chanz Concepts.
- The force majeure situation referted to in paragraph 1 is also applicable- but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which Chanz Concepts cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Chanz Concepts can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Chanz Concepts does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
- Chanz Concepts is entitled to amend or supplement these general terms and conditions
- Changes of minor importance can be made at any time
- Major changes in content will be discussed by Chanz Concepts with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- The customer cannot transfer its rights deferring from an agreement with Chanz Concepts to third parties without the prior written consent of Chanz Concepts.
- This provision applies as a clause with a property law effects as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annul lability
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in the case, be replaced by a provision that comes closest to what Chanz Concepts had in mind when drafting the conditions on that issue.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between the parties
- The Dutch court in the district where Chanz Concepts is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.