Terms and conditions
Article 1: Definitions
Palais de l’eau: the user of these terms and conditions and all enterprises and organisations affiliated in any way with Palais de l’eau
Consumer: the buyer who does not act in the performance of his/her profession or company and who enters into an agreement with Palais de l’eau
Distance contract: the agreement in which the consumer enters into a purchase agreement through Palais de l’eau’s website regarding a product offered by Palais de l’eau on this website.
Article 2: Applicability and Validity
These general terms and conditions apply to all distance contracts in which Palais de l’eau acts as a seller.
Deviations of and additions to existing contracts or these general terms and conditions are only valid if and insofar as they have been confirmed by Palais de l’eau explicitly and in writing.
If one or more provisions in these general terms and conditions are null and void completely or partially at any time or should they be terminated, then the remaining provisions in these general terms and conditions remain fully applicable.
Article 3: Palais de l’eau’s Identity
Name: Palais de l’eau
Legal entity: private limited company
Head office and visiting address: Klavermaten 37c, 7472 DD Goor (municipality Hof van Twente)
E-mail address: email@example.com
Telephone: +31 (0)641200402
Chamber of Commerce: 68763913
VAT number: NL857581351B01
Article 4: Offers
All offers, tenders and price indications made by Palais de l’eau are completely non-committal.
Article 5: Formation of Agreements
The agreement enters into effect the moment the consumer accepts the offer and meets the conditions set in the offer.
Palais de l’eau is authorised to be informed on to what extent the consumer can meet his/her payment obligations as well as of all the facts and factors that are important for entering into the agreement responsibly. If on the basis of this research, Palais de l’eau has found good grounds to not enter into the agreement, they are authorised to, with a motivation, reject an order or request or attach special conditions to the execution thereof.
Every agreement is entered into on the suspensive condition of sufficient availability of the products in question.
Article 6: Delivery
Indicated delivery terms will never be considered to be fatal terms unless explicitly agreed upon otherwise. In case of a late delivery, Palais de l’eau must be sent a notice of default in writing.
The product to be delivered by Palais de l’eau must meet the agreement and the specifications of the specific good as indicated by Palais de l’eau
Article 7: Right of Withdrawal
If a consumer terminates a distance contract for a product within the statutory cooling-off period of 14 days, then this consumer must use the template form for termination/withdrawal attached to these general terms and conditions. This form must have subsequently been received by Palais de l’eau within three (3) days.
For a termination in accordance with paragraph 1, Palais de l’eau is permitted to request from the consumer the reason for withdrawal.
The cooling-off period stated in paragraph 1 enters into effect on the day after the product has been received by or on behalf of the consumer.
During the cooling-off period stated in paragraph 1, the consumer will handle the product and the packaging carefully. He/she will only unpack or use the product in such a way as is necessary for assessing whether he/she wishes to keep the product. The basic principle is that the consumer can only use the products and inspect it as he/she would be permitted to do in a store.
The consumer is liable for value depreciation of the product that is the result of a manner in which is it handled exceeding what is permitted under paragraph 7.4.
After the notice in accordance with paragraph 1, the consumer must ship back the product including all corresponding materials, such as labels, cards, etc. immediately and no later than within 14 days after sending the statement of termination. The costs of the return shipment are to be paid by the consumer. The risk and burden of proof for the correct and timely execution of the right of withdrawal lie with the consumer.
If the consumer paid a sum, Palais de l’eau will pay back this sum to the consumer as soon as possible and no later than within 14 days after receiving the statement of termination if Palais de l’eau has already received the goods or if the consumer has given proof of having returned the goods.
Article 8: Price and Payment
The prices are in Euro and include VAT unless stated otherwise.
Palais de l’eau is authorised to charge on a price increase of cost price determining factors that are permitted on the basis of statutory regulations or provisions and that have formed within three months after the formation of the agreement but before delivery to the consumer.
In so far stipulated otherwise in the agreement or addition conditions, payment must be made immediately and no later than within eight days after entering into the agreement.
The consumer is obligated to notify Palais de l’eau of errors in the provided or stated payment details.
Palais de l’eau is authorised to demand security from the consumer for meeting the payment obligations before delivery or before continuing the delivery or order.
The total sum of the remainder of the payment is claimable immediately if the consumer applies for suspension of payment or bankruptcy, if the consumer’s goods are seized, if the consumer is put under curatorship or administration, if the consumer passes away or if his/her company has been shut down or liquidated or is being dissolved, and if the consumer is behind on any payment.
The payments made by the consumer first serve to pay any interest and costs owed to Palais de l’eau Subsequently, it serves to pay the oldest unpaid invoices even if the consumer states that the payment serves to pay a later invoice.
All collection costs for the sums owed by the consumer are to be paid by the consumer, the costs of which are set at 15% of the unpaid sums with a minimum of € 250.
Article 9: Objections
The consumer must inform Palais de l’eau of complaints regarding the delivered matters in writing as soon as possible and no later than within seven days after delivery. Issuing a complaint does not release the consumer of his/her payment obligation.
If an investigation shows that a complaint is invalid, then the costs including the costs of that investigation incurred by Palais de l’eau are to be paid fully by the consumer.
The consumer’s right to object expires if he/she edited the goods, has had them edited or redelivered them to a third party.
Article 10: Force Majeure
Force majeure is defined as: any circumstances or reasonably unforeseen circumstance outside of Palais de l’eau’s direct influence that temporarily or definitely prevents Palais de l’eau’s compliance with their obligations. Such circumstances are, among others: limiting government measures, mobilisation, war, danger of war, revolution, strike, seizure, attachment, special weather conditions, lack of transportation or full or partial default of third parties whose services are used.
In case of force majeure, Palais de l’eau has the right to either suspend compliance with their obligations towards the consumer or partially or fully terminating the agreement without judicial intervention and without being liable for payment of compensation, at Palais de l’eau’s choice.
Article 11: Risk and Retention of Title
Palais de l’eau retains ownership of all goods delivered to the consumer until the purchase price of all these goods has been paid.
As long as ownership has not been transferred to the consumer, the consumer is not permitted to pledge the goods or to grant any third party any rights to the goods and he/she is obliged to report to Palais de l’eau any event that harms or could harm Palais de l’eau’s interests as the owner of these goods. Palais de l’eau is not obliged to indemnify the consumer in any way against their liability as the holder of the goods. On
the other hand, the consumer indemnifies Palais de l’eau against claims by third parties against Palais de l’eau with respect to the retention of title.
Article 12: Guarantee
Warranty is only granted by Palais de l’eau if it has been agreed upon explicitly in writing.
Article 13: Liability
Palais de l’eau’s liability is limited to what has been stipulated in this article.
Palais de l’eau is only liable for damage incurred by the consumer as a result of shortcoming, unlawful act or otherwise if the damage is the direct and sole result of gross negligence on the part of Palais de l’eau
In case Palais de l’eau is liable for compensation towards the consumer, the liability is limited to twice the sum of the invoice reduced by the applicable turnover tax of the delivery in question and with a maximum of € 2,500.
In any case, Palais de l’eau’s liability is always limited to the sum the insurance pays out in such a case.
Palais de l’eau is in no way liable for damage due to exceeding terms, nor for consequential damage or indirect damage including damage due to lost profits or lost savings.
Palais de l’eau is also not liable for damage that forms or formed during or after the consumer has modified the goods delivered by Palais de l’eau or had them modified, delivered them or made available to third parties or commissioned or had commissioned the goods.
The consumer indemnifies Palais de l’eau against all third-party claims. The consumer will never be able to make personnel of Palais de l’eau, third parties employed by Palais de l’eau or personnel of these third parties liable.
Article 14: Intellectual Property Rights
The consumer with respect to Palais de l’eau ensures that none of their intellectual or industrial property rights and/or of third parties will be breached and indemnifies Palais de l’eau against all claims resulting from this.
Article 15: Suspension and Termination
If before the time of delivery to Palais de l’eau it turns out that the consumer does not have creditability, if the consumer does not or does not sufficiently meet any obligation to Palais de l’eau or does not do so in a timely fashion, if the consumer is in a state of bankruptcy or has issued a request for bankruptcy with the Court, if the consumer has requested suspension of payment or if this has been granted to the consumer, if the Debt Management (Natural Persons) Act is declared applicable, if the consumer’s company is shut down or being liquidated, if the consumer’s goods are seized or if the consumer is placed under curatorship or administration, then Palais de l’eau has the right to suspend compliance with all their obligations towards the consumer or to fully or partially terminate the agreements with the consumer without any notice of default or judicial intervention and without being liable for compensation notwithstanding Palais de l’eau’s other rights in such a case.
Article 16: Disputes and Applicable Law
All agreements are exclusively governed by Dutch law.
All disputes between parties will first be presented before the competent court of the Court of Overijssel, the Netherlands with the exception of Palais de l’eau’s authority to have the dispute settled by means of arbitrage or binding recommendation.