Terms and Conditions Exotic Plaza E-mail: firstname.lastname@example.org Website: www.exotic-plaza.nl
1. Exotic Plaza: Exotic Plaza, with registered office in Arnhem under the Chamber of Commerce no. 74117386.
2. Customer: the person with whom Exotic Plaza has entered into an agreement.
3. Parties: Exotic Plaza and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of General Terms and Conditions
- These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Exotic Plaza.
- The parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
- The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.
- All prices quoted by Exotic Plaza are in Euros, inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
- All prices used by Exotic Plaza for its products, on its website or otherwise made known, may be changed by Exotic Plaza at any time.
- Increases in the cost prices of products or parts thereof that Exotic Plaza could not foresee at the time the offer was made or the agreement concluded may lead to price increases.
- The consumer has the right to terminate a contract as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples and models
If the customer has received a sample or model of a product, he may not derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Payments and terms of payment
- Exotic Plaza may require a down payment of up to 50% of the agreed amount when entering into the agreement.
- The customer must have made subsequent payments within 14 days of delivery.
- Payment deadlines are considered to be final payment deadlines. This means that if the customer has not paid the agreed upon amount by the last day of the payment term, he will be in default by operation of law, without Exotic Plaza having to send a reminder or put the customer in default.
- Exotic Plaza reserves the right to make a delivery subject to immediate payment or to demand security for the total amount of the services or products.
Payments and terms of payment
Products are paid for directly in the store.
Consequences of not paying on time
1. If the customer does not pay within the agreed period, Exotic Plaza will be entitled to charge the statutory interest rate of 2% per month for non-trade transactions and the statutory interest rate of 8% per month for trade transactions.
charge from the day the customer is in default, whereby part of a month shall be treated as a whole month
charge from the day the customer is in default, whereby part of a month shall be treated as a whole month
- When the customer is in default, he will also owe Exotic Plaza extrajudicial collection costs and any damages.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, Exotic Plaza may suspend its obligations until the customer has met its payment obligation.
- In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Exotic Plaza on the customer are immediately due and payable.
- If the customer refuses to cooperate with Exotic Plaza in executing the agreement, he will still be obliged to pay the agreed price to Exotic Plaza.
Right of Advertising
- As soon as the customer is in default, Exotic Plaza will be entitled to invoke the right of complaint in respect of the products delivered to the customer that have not been paid for.
- Exotic Plaza invokes the right of complaint by means of a written or electronic communication.
- As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Exotic Plaza, unless the parties agree otherwise.
- The cost of retrieving or bringing back the products shall be borne by the customer.
Right of withdrawal
- A consumer can dissolve an online purchase during a cooling-off period of 14 days without giving any reason provided that: the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product that has been customised or adapted specifically for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
the product or service does not involve lodging, travel, restaurant business, transportation, catering contract or form of leisure activity
the product is not a loose magazine or newspaper
the consumer has not waived his right of withdrawal
- The 14-day cooling-off period as mentioned in paragraph 1 shall commence:
on the day after the consumer has received the last product or part of 1 order once the consumer has confirmed that he is going to purchase digital content via the Internet
- The consumer can make his appeal to the right of withdrawal known at email@example.com, if desired using the withdrawal form that can be downloaded from Exotic Plaza’s website, www.exotic-plaza.nl.
- The consumer is obliged to return the product to Exotic Plaza within 14 days of the notification of his right of withdrawal, failing which his right of withdrawal will expire.
Reimbursement of delivery costs
- If the consumer has exercised his right of withdrawal in a timely manner and as a result has returned the complete order to Exotic Plaza in a timely manner, then Exotic Plaza will refund any shipping costs paid by the consumer within 14 days of receiving the timely and complete returned order.
- The cost of delivery will only be borne by Exotic Plaza to the extent that the entire order is returned.
Reimbursement of return expenses
If the consumer invokes his right of withdrawal and returns the complete order in time, the costs of returning the complete order will be borne by the consumer.
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation under this agreement.
- Exotic Plaza may invoke its right of retention and in that case retain the customer’s products until the customer has paid all outstanding invoices to Exotic Plaza, unless the customer has provided adequate security for those costs.
- The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Exotic Plaza.
- Exotic Plaza will never be liable for any damages the customer may suffer as a result of exercising its right of retention.
Unless the customer is a consumer, the customer waives his right to set off any debt owed to Exotic Plaza against any claim against Exotic Plaza.
Retention of title
- Exotic Plaza will remain the owner of all products delivered until the customer has met in full all his payment obligations to Exotic Plaza under whatever contract entered into with Exotic Plaza, including claims for failure to perform.
- Until such time Exotic Plaza may invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Exotic Plaza invokes its retention of title, the agreement will be deemed dissolved and Exotic Plaza will be entitled to claim damages, lost profit and interest.
- Delivery takes place while supplies last.
- Delivery takes place at Exotic Plaza, unless parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or not paid on time, Exotic Plaza will be entitled to suspend its obligations until the agreed part is paid.
- Late payment constitutes creditor default, with the result that the customer cannot hold Exotic Plaza responsible for late delivery.
- Delivery times quoted by Exotic Plaza are indicative and if exceeded will not entitle the customer to rescission or damages, unless the parties have expressly agreed otherwise in writing.
- The delivery time begins when the customer has completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Exotic Plaza.
- Exceeding the stated delivery time will not give the customer any right to compensation or the right to dissolve the agreement, unless Exotic Plaza cannot deliver within 14 days after having been given written notice to do so or unless the parties have agreed otherwise.
The customer shall ensure that the actual delivery of the products ordered by him can take place in a timely manner.
Transport costs are to be borne by the customer, unless the parties have agreed otherwise.
Packaging and Shipping
- If the packaging of a product delivered has been opened or damaged, the customer must, before taking delivery of the product, have the carrier or delivery person make a note of this, failing which Exotic Plaza cannot be held liable for any damage.
- If the customer is responsible for transport of a product, he must report any visible damage to the product or its packaging to Exotic Plaza prior to transport, failing which Exotic Plaza cannot be held liable for any damage.
- If the customer takes delivery of ordered products later than the agreed delivery date, the risk of a possible loss of quality shall be borne entirely by the customer.
- Any additional costs resulting from premature or late delivery of products shall be borne entirely by the customer.
- The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and tear and of damage caused by accidents, modifications made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the moment at which they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
The customer indemnifies Exotic Plaza against all claims by third parties related to the products and/or services provided by Exotic Plaza.
- The customer must examine a product delivered or service provided by Exotic Plaza for any deficiencies as soon as possible.
- If a product delivered or service rendered does not meet the reasonable expectations of the customer, the customer must inform Exotic Plaza as soon as possible, but in any case within 1 month after discovery of the shortcomings.
- Consumers should notify Exotic Plaza no later than 2 months after discovery of the deficiencies.
- The customer will give as detailed a description as possible of the shortcoming, so that Exotic Plaza will be able to respond adequately.
- The customer must show that the complaint relates to an agreement between the parties.
- If a complaint relates to work in progress, this cannot in any case lead to Exotic Plaza being obliged to perform other work than agreed.
Notice of default
1. The customer must notify Exotic Plaza in writing of any notice of default.
2. It is the customer’s responsibility that a notice of default actually reaches Exotic Plaza (on time).
Joint and several liability of the customer
If Exotic Plaza enters into an agreement with more than one customer, each will be jointly and severally liable for the full amounts owed by them to Exotic Plaza under that agreement.
Liability of Exotic Plaza
1. Exotic Plaza is only liable for any damage suffered by the customer if and to the extent that such damage is
- Exotic Plaza will only be liable for any damage suffered by the customer if and insofar as such damage was caused by intent or deliberate recklessness.
- If Exotic Plaza is liable for any damages, it shall only be liable for direct damages arising out of or in connection with the performance of an agreement.
- Exotic Plaza is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damage to third parties.
- If Exotic Plaza is liable, this liability will be limited to the amount paid out by a (professional) liability insurance policy taken out and, in the absence of (full) payment by an insurance company of the damage amount, the liability will be limited to the (part of the) invoice amount to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and apply only approximately and can not cause damages and / or (partially) dissolve the agreement and / or suspend any obligation.
Any right of the customer to compensation from Exotic Plaza will in any case expire 12 months after the event from which the liability arose directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.
Right of rescission
- The customer is entitled to terminate the agreement when Exotic Plaza imputably fails to meet its obligations, unless this failure, given its special nature or minor importance, does not justify termination.
- If the fulfillment of the obligations by Exotic Plaza is not permanently or temporarily impossible, then rescission can only take place after Exotic Plaza is in default.
- Exotic Plaza will be entitled to terminate the agreement with the customer if the customer fails to meet his obligations under the agreement in full or on time, or if Exotic Plaza has knowledge of circumstances giving it good reason to fear that the customer will not be able to meet his obligations properly.
- In addition to the provisions in article 6:75 of the Dutch Civil Code, a shortcoming of Exotic Plaza in the fulfillment of any obligation towards the customer cannot be attributed to Exotic Plaza in a situation independent of the will of Exotic Plaza, as a result of which the fulfillment of its obligations towards the customer is wholly or partly prevented or as a result of which the fulfillment of its obligations cannot reasonably be required from Exotic Plaza.
- The force majeure situation referred to in paragraph 1 shall also include – but not be limited to -: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages.
- If a force majeure situation arises which prevents Exotic Plaza from meeting 1 or more obligations to the customer, then these obligations will be suspended until Exotic Plaza can meet them again.
- From the moment a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.
- Exotic Plaza will not be liable for any compensation or damages in a force majeure situation, even if it enjoys any benefit as a result of the force majeure situation.
Modification of the Agreement
- If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its contents, the parties shall adapt the agreement accordingly in good time and in mutual consultation.
- The preceding paragraph does not apply to products purchased in a physical store.
Modification of general conditions
1. Exotic Plaza is entitled to amend or supplement these General Terms and Conditions. 2. Changes of minor importance may be made at any time.
- Changes of minor importance may be made at any time.
- Exotic Plaza will discuss major changes in content with the customer in advance where possible.
- Consumers are entitled to terminate the contract in the event of a substantial change in the general conditions.
Transfer of Rights
- Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Exotic Plaza.
- This provision is considered to be a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Exotic Plaza had in mind on that point when drawing up the terms and conditions.
Applicable law and competent court
- Any agreement between the parties shall be governed exclusively by Dutch law.
- The Dutch court in the district where Exotic Plaza has its registered office / practice / office is exclusively competent to take cognizance of any disputes between parties, unless the law imperatively dictates otherwise.
Retrieved June 09, 2022.