|General Terms and Conditions of Planet Little Kids Furniture VOF, with its registered office in BEVERWIJK, the Netherlands. This version is valid from 01-01-2014.
Article 1. General
1.1 In these General Terms and Conditions the abbreviation 'PLKF' stands for Planet Little Kids Furniture VOF.
1.2 These General Terms and Conditions form a part of all offers by and agreements with PLKF, barring any explicit exception made in writing.
1.3 With due observance of the provisions of Article 6.3, these General Terms and Conditions are also applicable if PLKF is required to engage third parties for the performance of all agreements.
1.4 Unless agreed otherwise in writing, PLKF does not recognise any general or specific terms and conditions or stipulations of third parties.
1.5 If the General Terms and Conditions and an Agreement contain mutually contradictory clauses, the Agreement will prevail.
1.6 If any part of the General Terms and Conditions is null and void or is set aside, the other provisions of the General Terms and Conditions will remain fully in force and the parties will be obliged to try to agree on and establish a replacement provision that is valid and that comes as close as possible to the parties’ original intentions.
Article 2. Offers and Conclusion of Agreements
2.1 All offers are made free of obligation, unless explicitly stated otherwise by PLKF.
2.2 Agreements to deliver goods and/or services are binding upon PLKF only following confirmation in writing or by email. Actual performance by PLKF, or an invoice sent by PLKF, is equivalent to a written confirmation of the offer in question.
2.3 If the accuracy of the substance of this written confirmation is not challenged in writing within 8 days, then PLKF and the customer will be held to the terms of it.
2.4 Offers by PLKF do not automatically apply to additional orders as well.
2.5 PLKF cannot be held to the terms of its offer if the customer should have understood that the offer or any part of it contained a manifest error.
2.6 Additions, amendments and/or subsequent arrangements are only effective if agreed in writing.
Article 3. Prices/Price Increases
3.1 Unless indicated otherwise, all prices are expressed in euro, including turnover tax (Dutch VAT).
3.2 PLKF guarantees that no price increase will be made once confirmation has been issued, unless it is the result of statutory regulations and/or provisions.
3.3 If a price increase is not the result of any statutory regulation and/or provision, the consumer has the right to give notice to terminate the agreement at a distance, with effect from the date the price increase takes effect.
Article 4. Supply and Delivery
4.1 If goods can be supplied from stock, they will be shipped immediately after being ordered. PLKF may charge for the shipment of ordered goods. Ordered goods will be delivered to the postal address known to PLKF, which address is not temporary, and handed over to the natural person who is at the delivery address.
4.2 The customer must sign for receipt of the products. The only exception to this is if the customer has statutory grounds for refusal.
4.3 If the customer refuses to take delivery, or is negligent about providing information or issuing instructions required for the delivery, the items will be stored at the expense and risk of the customer.
4.4 Except where counterevidence is provided, PLKF’s duty to deliver is fulfilled once the goods delivered by PLKF are presented to the customer once. In the case of house deliveries, the shipper’s report, including the refusal to accept, will constitute full proof of presentation, subject to counterevidence being provided.
4.5 If the presented goods are refused, the customer will bear the full expense of the return shipment and storage costs, including the risk of damage or loss of the refused goods, unless on good grounds the customer relies on the right to termination of the sale or replacement of the goods in question.
Article 5. Delivery Time
5.1 A delivery time stated by PLKF may in no event be considered a deadline. The delivery time commences only once a deposit of 50% is credited to PLKF’s bank account by i-DEAL or by bank transfer, after which PLKF will attempt to have delivery made within 8 to 10 weeks.
5.2 Given the rules on distance buying, PLKF (the contractor) will execute orders expeditiously, at any rate within at least 10 weeks. If this is not possible (because the ordered item is not in stock or can no longer be supplied), or there is a delay for other reasons, or an order cannot be executed or can be executed only partially, then the consumer (the client) will be notified within 1 month of having placed the order and, in that case, be entitled to cancel the order free of charge and without notice of default.
Article 6. Termination
6.1 Without prejudice to PLKF’s statutory rights, PLKF is entitled by issuing a written declaration to the customer to suspend the agreement wholly or in part or to terminate it with entitlement to compensation from the customer if following the conclusion of the agreement circumstances come to the attention of PLKF that give PLKF good grounds for fearing that the customer will not meet his or her obligations or if upon conclusion of the agreement PLKF has requested that security be furnished for fulfilment and such security is not furnished or is insufficient (in spite of a demand), as well as in the case of bankruptcy or insolvency of the customer, a petition filed by the customer him-/herself for bankruptcy or insolvency, suspension of payments, liquidation or an order to that effect, a full or partial transfer of the customer’s business, or seizure of any part of his or her assets.
6.2 If circumstances occur regarding persons and/or materials that PLKF avails itself of or does so customarily, which circumstances are of such a nature that performance of the agreement is impossible or so unacceptable and/or disproportionately expensive that performance of the agreement can no longer reasonably be expected, PLKF is entitled to terminate the agreement.
6.3 In the case of goods delivered based on an order with PLKF, the customer is not entitled to terminate the agreement in the event of a consumer sale as meant by Section 7:5 Dutch Civil Code within 7 days without stating reasons, on account of the delivery of unique furniture items which are specially produced hand-made on the orders of the customer following receipt of the customer’s confirmation.
Article 7. Force Majeure
7.1 In addition to that which is laid down by law and case-law, the definition of force majeure includes all circumstances on which PLKF has no influence and which impede or preclude the delivery of goods, including but not limited to strikes at PLKF and/or suppliers, disruptions to the internet or WAP, electricity failures, disruptions to email communications and disruptions or changes to technology supplied by third parties.
7.2 Reliance on force majeure may also be made if the circumstance that precludes performance or further performance arises after PLKF should have performed the obligation in question.
7.3 If the period in which PLKF’s performance of the obligation is not possible because of force majeure exceeds 2 weeks, both parties are entitled to terminate the agreement without any obligation to pay compensation.
7.4 If when a case of force majeure occurs PLKF has fulfilled some of its obligations, or is able to fulfil only some of its obligations, it is entitled to invoice separately for such fulfilment, and the customer is obliged to pay this invoice as though based on a separate contract. This does not apply, however, if the obligations already fulfilled or that will be fulfilled have no independent value.
Article 8. Guarantees
8.1 PLKF does not provide any more further-reaching guarantee of delivered goods than is provided by the guarantee (including guarantee terms) of the manufacturer of such goods. This does not, however, affect the rights of the customer arising out of mandatory provisions of law.
8.2 However, PLKF is at no time responsible for the ultimate suitability of the goods for any individual application by the customer, or for any advice regarding the use or application of the goods.
8.3 The customer is obliged to inspect the goods immediately upon delivery. If it turns out that any delivered good is the wrong one or is defective or incomplete, the customer must (before returning it to PLKF) notify PLKF of these defects in writing immediately. Any defective or erroneously delivered goods must and can be returned to PLKF within 8 days following delivery. Goods must be returned in the original packing (including accessories and corresponding documentation) and in new condition. This right to complain and return the goods lapses entirely if the goods are used, damaged, stored and/or resold to a third party after any defect is observed.
8.4 If PLKF considers complaints by a customer to be valid, PLKF will replace the delivered goods free of charge or come to a written arrangement with the customer about compensation, on the understanding that PLKF’s liability and thus the amount of compensation is in any event limited to the amount of the invoice for the goods in question or (at PLKF’s discretion) the maximum amount covered by PLKF’s third-party liability insurance. Any liability by PLKF for any other form of damage is ruled out, including additional compensation in any form whatever, compensation of consequential or resulting damage, and compensation for loss profit.
8.5 PLKF is not liable for damage resulting from intent or any equivalent recklessness on the part of non-managerial staff.
8.6 This guarantee does not apply if: A) so long the customer is in default vis-à-vis PLKF; B) the customer him-/herself has repaired or modified the delivered goods and/or has had them repaired and/or modified by third parties; C) the delivered goods are exposed to abnormal conditions or are in any other way treated carelessly or contrary to PLKF’s instructions and/or the instructions stated on the packaging; D) any defect is the result, wholly or partially, of regulations laid down or to be laid down by the government about the nature or quality of the materials used.
Article 9. Payment
9.1 Unless agreed otherwise, upon confirmation of the order and before delivery, a deposit of 50% of the full purchase amount including Dutch VAT must be paid by means of an i-DEAL transaction. The remaining amount must also be paid, before delivery, by means of an i-DEAL transaction. A bank transfer or cash-on-delivery (payment made to the driver) are also possible, and the manner of payment can be indicated with the confirmation. In the case of cash-on-delivery, an additional charge is made to cover the costs of the insurance required for transporting cash. Payment may not be made in instalments.
9.2 In the event of bankruptcy, insolvency or suspension of payments on the part of the customer or a petition filed by the customer for any of these, PLKF’s accounts receivable and the customer’s debts to PLKF will be immediately due and payable.
9.4 If PLKF is required to refer a debt for collection, the customer will owe a fixed sum of 15% of the amount payable in out-of-court collection costs, at a minimum of 250 euro.
9.5 If PLKF is able to demonstrate that it has incurred more costs than were reasonably necessary, they will also be subject to reimbursement.
Article 10. Retention of Title
10.1 PLKF retains title to all goods sold and delivered to the customer until the customer has paid PLKF’s accounts receivable under the agreement or similar agreements made previously or subsequently, until the customer has completed any work required under this agreement or similar agreements, and until the customer has paid PLKF’s accounts receivable for any shortcoming in the performance of such agreements, including accounts receivable arising out of penalties, interest and costs, within the meaning of Section 3:92 Dutch Civil Code.
10.2 Goods delivered by PLKF that are subject to retention of title may only be resold in connection with the normal conduct of business and may never be used as an instrument of payment.
10.3 The customer is not entitled to pledge any goods that are subject to retention of title or to encumber them in any other manner.
10.4 In any instance in which PLKF wishes to exercise its retention of title rights, the customer grants unconditional and irrevocable permission to PLKF or a third party engaged by PLKF to enter any place where its property is located and to remove that property from such place.
10.5 If third parties attach any goods delivered subject to retention of title or wish to establish or exercise rights to them, the customer is obliged to inform PLKF of this as soon as may reasonably be expected.
10.6 The customer undertakes to insure any goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage and theft, and to allow PLKF to inspect the relevant insurance policy at the first request.
Article 11. Privacy
11.1 PLKF respects the privacy of online visitors to its website and is the sole owner of any information obtained from this website, unless indicated otherwise. This information will not be sold to, shared with or leased to third parties by PLKF in any way other than is described in this privacy statement.
11.2 Information from which the identity of an online visitor to PLKF’s website can be deduced is provided voluntarily by the visitor. This information may be used within the business of PLKF (and all its subsidiaries and trademarks) for the purpose of making visits to our websites as simple and pleasing as possible. This information may also be used for analysis and providing information about PLKF’s product portfolio. The customer consents to this explicitly. In special cases PLKF is entitled to publish information about a visitor if there is reason to assume that the publication of such information is necessary in order to identify, contact or bring proceedings against a person who, intentionally or unintentionally, prejudices or harms the rights or property of PLKF, other users of its website or others who may be harmed as a result. PLKF is entitled to release information about users if in good faith we believe that this is required by law.
11.3 PLKF collects non-personal data about our online visitors in order to calculate the total number of visitors to the website, as well as the type of internet browser and operating system used. At the request of the online visitor, personal data can be removed if this does not entail an unreasonable effort or costs on the part of PLKF.
Article 12. Intellectual Property Rights
12.1 Unless explicitly agreed otherwise in writing, the full copyright and all other intellectual and industrial property rights to goods or services delivered by PLKF, such as trademark rights, design rights, patent rights, sui generis database rights etc, are vested exclusively in PLKF and/or its suppliers.
12.2 The parties undertake to take adequate measures in order to ensure the secrecy of each other’s confidential data which come to their notice in the performance of the agreement.
Article 13. Applicable Law
All offers and agreements by PLKF are governed exclusively by Dutch law. The Vienna Sales Convention is explicitly not applicable.
Article 14. Disputes
14.1 For questions and/or complaints, customers can call PLKF’s Customer Care helpdesk on +31 (0)23-7434777, open Mondays to Fridays from 8.30am to 5.30pm. Complaints are generally processed in 30 days. If for any reason this is not possible, we will inform the customer about how long the delay will be.
14.2 Customers may submit disputes to an independent disputes committee. This may be the Home Store Disputes Committee (‘Geschillencommissie Thuiswinkel’) or another equivalent disputes committee. This does not prejudice the customer’s right to submit the dispute to a competent court.