TERMS AND CONDITIONS – XELBOO BV version 1.0 2016
These are our terms and conditions. These, along with the references they contain apply to any agreement that we, Xelboo BV (with the Chambers of Commerce Register: 58762833), will have with you. Our delivery conditions are part of our terms and conditions. If you have any questions, do not hesitate to contact us through [email protected] or by mail: Xelboo BV Groote Meer 4, 4641 RS Ossendrecht.
You may also contact us by phone +31 6 55762844. You can find us on Twitter at: [email protected] xelboo and on Facebook at: Xelboo. We reserve the right to amend these terms and conditions. You agree that the most recent version of these Terms and Conditions will apply to our agreement.
In these terms and conditions the following terms signify:
Seller: Xelboo BV and its affiliated operational companies that provide products and / or services to Buyer
Buyer: Any natural or legal person on behalf of whom Xelboo provides products, or enters into an Agreement with whom or with whom Xelboo is negotiating in closing an Agreement.
Agreement: Any agreement that is entered into between the Buyer and Xelboo, any amendment or addition thereto, and all (legal) proceedings in preparation and implementation of that agreement.
Products: all matters that are the subject of an Agreement
Order: Every order by Buyer in any form whatsoever.
1.1 These terms and conditions apply to all offers and any agreement with Xelboo. The conditions are accessible to everyone and listed on the website of XELBOO.
1.2 By placing an order you acknowledge that you agree to the terms and conditions.
1.3 Unless otherwise agreed in writing, general or specific conditions of third parties will not be recognized by XELBOO.
1.4 XELBOO guarantees that the delivered product is in accordance with the contract and meets the specifications listed in the offer.
1.5 Our products are handmade. The product shown may differ from the delivered product, in terms of image and of color. Our artists are self-employed entrepreneurs who are free to manufacture products at their discretion based on the example on the website.
Article 1 – Products
We sell typical Dutch handmade, original art.
Article 2 – Payments
The (total) cost of the products listed is indicated in our webshop. You pay through our online payment service; ……….. handles this payment service.
You are responsible for the shipping costs.
2.1 Delivery takes place after the product is made. All products are hand made after an order. We strive for maximum delivery time of 30 days, but due to exceptional circumstances it may be longer.
2.2 The customer is informed as soon as possible by mail about the expected delivery time. We will do our best to deliver the order as soon as possible.
2.3 The supply obligation of XELBOO will, subject to proof otherwise, be met once the items delivered by KELBOO are offered to the buyer. For home delivery the report of the carrier is sufficient, including alleged refusal of acceptance, as full proof of the offer to deliver.
2.4 All times listed on the website are indicative. The time limits may therefore not be regarded as legally binding.
We deliver your product to the address you have provided upon ordering. You can not change the address once we have shipped the package. The distribution is handled by our carrier. When the package is shipped, you will receive a track & trace code that allows you to follow the order.
3. Prices and payments
3.1 All prices on the site are subject to misprints. For the consequences of misprints no liability is accepted.
3.2 All prices on the site are in USD and include 21% Dutch VAT.
3.3 The costs of special forms of packaging and shipping are charged separately to the buyer, the cost of import and export duties and duties, and all (other) levies or taxes imposed or levied in respect of any service.
3.4 Any objections to invoices, specifications, descriptions and prices must be notified to Xelboo in writing within 10 days. If this is not possible on the basis of reasons not because of the Purchaser, the Purchaser will offer objections in writing to Xelboo as soon as reasonably possible.
3.6 Purchaser shall, without further notice, on any amounts not paid by the last day of the payment, from that day be responsible for an interest rate equal to the 1-monthly rate of Euribor plus 3% per year.
3.7 If the Purchaser has not paid the amount due and interest after the expiry of a payment, the Buyer is obliged to pay Xelboo all legal costs relating to the recovery of the amount.
- View period / right of withdrawal
4.1 The customer has the right to return (part of) the goods within a period of 14 days without supplying a reason.
This period starts when the ordered goods are delivered. If the customer has not returned the goods delivered to XELBOO after this period, the purchase is final.
The customer is obliged, before proceeding to return the shipment, to report to XELBOO through customer service within the period of 14 days after delivery: [email protected]
The customer must prove that the goods are returned on time, for example by a proof of mail delivery.
Return of goods must be in original packaging (including accessories and documentation) and in new condition.
If the goods are used in, encumbered or damaged in any way, the right to terminate under this paragraph will be void.
With regard to what is stipulated in the preceding sentence, XELBOO shall ensure that within 30 days after reception of the return, the full purchase price including the shipping costs will be refunded to the customer. The return of the goods delivered is the sole responsibility and risk of the buyer.
4.2 The right of withdrawal does not apply to:
Products manufactured according to customer specifications, such as custom made items, or goods that exhibit clear personal traits.
- Data management
5.2 XELBOO respects the privacy of the users of the website and ensures confidentiality of your personal information.
5.3 XELBOO makes use of a mailing list in particular cases. Each mailing includes instructions to remove yourself from this list.
6.1 XELBOO guarantees the delivered products meet the requirements of reliability and durability as reasonably intended by the parties to the contract. All our products are handmade in the Netherlands (with some exceptions).
6.2 The products from XELBOO (with some exceptions) are not utensils, not toys, but art. Art is to cherish, to hang up or put down. Frequent touching can damage products in the long term.
Cleaning our products may only be done with a dry or slightly damp cloth. The products may not be placed in water or in the dishwasher. (Exceptions thereto shall be mentioned by name).
6.3 The customer is obliged to check the delivered goods immediately upon receipt. Should the goods delivered be faulty, inadequate or incomplete, the customer (before returning them to XELBOO) will promptly report these defects to the customer service of XELBOO ([email protected]).
Any defects or faulty goods should and can be reported in writing up to 2 months after delivery to XELBOO. Return of Goods must be in the original packaging (including accessories and documentation) and in new condition. Using after detection of failure, damage occurring after detection of failure, encumbrance and / or resale after detection of failure, voids the right to claim and return.
6.4 If the customer complaints are regarded as justified by XELBOO, XELBOO will at its discretion; replace the goods delivered free of charge or agree upon a written settlement for the compensation with the customer, provided that the liability of XELBOO and therefore the amount of compensation is limited to the maximum of the invoice amount of the goods in question, or (so chosen by XELBOO) to the maximum in the case concerned, the amount covered by the liability insurance of XELBOO. Any liability of XELBOO to any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits.
6.5 XELBOO is not liable for damage caused intentionally or equivalent deliberate recklessness of non-managerial staff.
6.6 This warranty does not apply:
- A) as long as the purchaser against Delboo is in default;
- B) the customer has repaired the delivered goods themselves and / or processed or repaired / or modified by third parties.
- C) the delivered goods have been exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of XELBOO and / or instructions on the packaging;
- D) were defective in whole or in part as a the result of regulations the government has made or will make regarding the nature or quality of the materials used.
7.1 Offers are not binding unless otherwise stated in the offer.
7.2 Upon acceptance of an offer by the buyer, XELBOO reserves the right to revoke the right to the offer or deviate from it within 3 working days after receipt of such acceptance.
7.3 Verbal agreements bind XELBOO only after an explicit and written acknowledgment.
7.4 Offers by XELBOO do not automatically apply to repeat orders.
7.5 XELBOO can not be held to its offer if the customer should have understood that the offer or any part thereof, contained an obvious mistake or error.
7.6 Additions, modifications and / or further agreements are effective only if agreed in writing.
8.1 An agreement between a buyer and XELBOO is established after an order / assignment is assessed by XELBOO on feasibility.
8.2 XELBOO reserves the right not to accept orders or contracts without providing a reason, or only to accept on the condition that the shipment takes place on payment at delivery or prepayment.
- Images and specifications
9.1 All images; photographs, drawings, etc.; among which information on weight, dimensions, colors, graphics of labels, etc. on the website of XELBOO are only approximations, are indicative and may not lead to damages or dissolution of the contract.
9.2 All products of XELBOO are handmade (with some exceptions). This means there will always be (small) differences in color and pattern with the published photos.
- Force majeure
10.1 XELBOO is not liable if and when the contract can not be fulfilled due to force majeure.
10.2 Force majeure means any strange reason, and any circumstance, which ought not to come for her risk in all fairness. Delay or failure to perform by our suppliers, disruptions on the Internet, disruptions in the electricity grid, disruptions in e-mail traffic and disturbances or changes in any third party technology, transportation problems, strikes, government measures, supply delays, negligence by suppliers and / or manufacturers of XELBOO as well as from individuals, disease of staff, defects in appliance or shipment tools count explicitly as force majeure.
10.3 XELBOO reserves the right to suspend its obligations in the event of force majeure and is also entitled to terminate the contract in whole or in part, or to claim that the content of the agreement shall be amended so as execution remains possible. In no event shall XELBOO be obliged to pay any penalty or damages.
10.4 If XELBOO at the time of the force majeure already partially fulfilled its obligations, or can only partially fulfill its obligations is she entitled to invoice the deliverable part separately and the buyer is obliged to pay this invoice as if it were a separate contract.
11.1 Xelboo is not liable for any direct or indirect damages, including consequential loss, immaterial damage, business or environmental damage caused by one of our products. Our products are designed to put down or hung up as art. Art should be cherished. The products are not a commodity and not a toy. Upon abuse small parts may come loose, therefore do not let small children touch them.
Before use, read the instructions on the packaging and / or consult our website.
For all our products the following applies: It is art, treat it with caution.
- Reservation of ownership
12.1 Ownership of all sold and delivered goods to the buyer by XELBOO remains with XELBOO as long as the buyer has not paid the claims made by XELBOO under the agreement or prior or subsequent similar agreements, as long as the buyer has not yet paid the claims of the work yet to carry out or still in progress in this or similar agreements and as long as the buyer’s claims XELBOO for failure has not yet met in the fulfillment of such obligations, including claims relating to penalties, interest and costs, all as defined in Article 3: 92 BW.
12.2 The items delivered by XELBOO under reservation of ownership may only be resold as part of normal business activities and must never be used as payment.
12.3 The customer is not entitled to pledge under the reservation of ownership or otherwise burden.
12.4 The customer gives unconditional and irrevocable consent to XELBOO or an appointed third party by XELBOO to, in all cases where XELBOO wishes to exercise its property rights, all those sites and locations where its property is then located and take those items in that location.
12.5 If third parties wish to establish or assert goods delivered under reservation of ownership rights thereto, the buyer is obliged to inform XELBOO as soon as reasonably may be expected to inform.
12.6 The customer is obliged to insure the goods delivered under reservation of ownership and keep them insured against fire, explosion and water damage and also theft and provide the policy of this insurance on first request for inspection to XELBOO.
- Direct debit
13.1 If you disagree with a direct debit from your account, please contact customer service. You can expect a response within 2 business days. If your dispute is upheld, the collected amount will be transferred directly back to the account from which it was collected.
- Applicable law / jurisdiction
13.1 All agreements are subject to Dutch law.
13.2 Disputes arising from an agreement between XELBOO and buyer, which can not be solved by mutual agreement, the competent court within the district Hague will take note.
Article 7 – Other commitments
Buyer will all supply all relevant data to Xelboo required for the execution of the services rendered by Xelboo and is responsible for the correctness and completeness of the data.
Buyer will not delete or partially remove the brand and or identifications or render it invisible on the Products.
Article 8 – Termination
In case of (temporary) suspension of payments, bankruptcy, or liquidation of the company of Buyer Xelboo reserves the right to terminate all Agreements with the Buyer, unless Xelboo informs the Buyer within a reasonable time to require (part of) the corresponding Agreement in which case Xelboo is justified without notice of default to:
- suspend the execution of the Agreement(s) until payment has been sufficiently secured; and / or
- any obligations towards Buyer are to be suspended
Without prejudice Xelboos other rights under any Agreement with the Purchaser and without that Xelboo is liable for any damages.
If the buyer does not properly or timely comply within a specified period or otherwise to any obligation arising out of any contract for him, the Purchaser is in default and Xelboo will be entitled without notice or judicial intervention to:
- postpone the implementation of that Agreement and directly related Agreements until payment has been sufficiently secured; and or
- dissolve that Agreement and thereby related agreements in whole or in part.
Without prejudice Xelboos other rights under any Agreement with the Purchaser and without that Xelboo is liable for any damages.
Article 9 – Intellectual property rights
All intellectual property rights (including copyright, logos, word brands) on our texts, photos, pictures and other materials belong to us (or we manage them with authorization of the rights holder). You may not infringe on them.
Article 10 – Complaints procedure
If you have a complaint about the implementation of the agreement, let us know. Send your complaint as soon as possible (and described as completely as possible) to [email protected] We will handle your complaint as soon as possible, at the latest within 14 days after we received your complaint. If it takes longer to settle the complaint, you will receive a confirmation within 5 days of your complaint and we will let you know when we expect to provide a substantive response. If we can not mutually resolve the complaint, there will be a dispute covered by the arbitration.
Article 11 – Applicable law and dispute resolution
To these terms and conditions and all Agreements and all disputes arising therefrom or were associated with it, the Dutch law applies. In the event of a dispute, the court in The Hague jurisdiction is authorized.
Article 12 – Specific contract
If Xelboo manufactures products or has them manufactured on behalf of the Purchaser the following provisions in addition to the above provisions shall apply:
Unless otherwise agreed, the Purchaser will be asked for a 50% deposit, or the full prepayment will be required.
In case of increase of one or more cost factors Xelboo is accordingly entitled to raise the price, unless the increase was already known at the time of the order confirmation .
All drawings, molds, lithographs, designs, sketches, models, and the graphics of (trade) names, trademarks, figurative elements, and logos by or on behalf of Xelboo made in the implementation of the Agreement remain the (intellectual) property Xelboo.
Buyer warrants that the use of data provided by the Buyer, (trade) names, trademarks or otherwise, does not conflict Xelboo with legal regulations or third party rights. The Buyer fully indemnifies Xelboo of all direct and indirect damages arising from claims that third parties assert against Xelboo arising from the breach of the aforementioned guarantee.