General terms and conditions
Terms and Conditions — NESTELLO
Article 1 - Definitions
NESTELLO, established in Hillegom (Netherlands), registered with the Chamber of Commerce under number 89375394 , is referred to in these general terms and conditions as the seller .
The counterparty to the seller is referred to in these general terms and conditions as the buyer .
The parties are seller and buyer together.
The Agreement means: the purchase agreement between the parties.
Article 2 - Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
Deviation from these conditions is only possible if this has been expressly agreed in writing by the parties.
Article 3 - Payment
The full purchase price is always paid immediately in the webshop. In some cases, a deposit may be required for reservations. In that case, the buyer will receive confirmation of the reservation and the prepayment.
If the buyer fails to pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend the buyer's obligations until they have fulfilled their payment obligations.
If the buyer defaults, the seller will proceed with collection. The associated costs will be borne by the buyer. These costs are calculated in accordance with the Decree on Compensation for Out-of-Court Collection Costs.
In the event of liquidation, bankruptcy, seizure or suspension of payments of the buyer, the seller's claims against the buyer are immediately due and payable.
If the buyer refuses to cooperate with the seller in carrying out the order, he remains obliged to pay the agreed price.
Article 4 - Offers, quotations and prices
Offers are non-binding, unless a term of acceptance is specified. If the offer is not accepted within this term, it expires.
Delivery times in quotations are indicative and do not entitle the buyer to cancellation or compensation if exceeded, unless expressly agreed otherwise in writing.
Offers and quotes do not automatically apply to repeat orders. This must be agreed upon in writing.
The stated price consists of the purchase price including VAT and any other charges.
Article 5 - Right of withdrawal
The consumer has the right to cancel the agreement within 14 days after receiving the order without giving any reason.
No right of withdrawal applies to products that are custom-made or have a short shelf life.
The consumer can use a withdrawal form provided by the seller; the seller will make this available immediately upon request.
During the cooling-off period, the consumer must handle the product and packaging with care. If exercising their right of withdrawal, they must return the unused, undamaged product, including accessories, and, if possible, in the original packaging.
Article 6 - Amendment of the agreement
If during implementation it appears that changes or additions are necessary, the parties will adjust the agreement in a timely manner and in consultation.
Changes may affect delivery time; the seller will inform the buyer as soon as possible.
If changes have financial or qualitative consequences, the seller will inform the buyer in writing in advance.
With a fixed price, the seller indicates whether changes will result in a price increase.
No additional costs will be charged if changes are the result of circumstances attributable to the seller.
Article 7 - Delivery and transfer of risk
Once the purchased item has been received by the buyer, the risk passes from seller to buyer.
Article 8 - Investigation and complaints
The buyer shall inspect the delivered goods upon delivery.
Complaints regarding damage, shortage or loss must be reported in writing within 10 working days.
In case of justified complaints, the seller has the right to repair, re-deliver or apply (partial) credit.
Minor deviations cannot be held against the seller.
Complaints about one product do not affect other products from the same agreement.
After processing the goods, no more complaints will be accepted.
Article 9 - Samples and models
Models shown are for illustrative purposes only, unless otherwise agreed in writing.
The same applies to surface areas and dimensions for real estate.
Article 10 - Delivery
Delivery is ex works/store/warehouse; all costs are for the buyer.
The buyer is obliged to take delivery of the goods at the agreed time.
In case of refusal or negligence the seller may charge storage costs.
Shipping costs are at the buyer's expense, if applicable.
Delivery time starts after the buyer has provided the necessary information.
Delivery times are never fatal; the buyer must notify the seller in writing if the delivery time is exceeded.
Partial deliveries are permitted and may be invoiced separately.
Article 11 - Force Majeure
In the event of force majeure, the seller is not liable for damages.
Force majeure includes, but is not limited to, illness, war, terrorism, power outages, natural disasters, fire, strikes, changes in government measures, transport problems, and disruptions to suppliers.
Obligations are suspended for as long as the force majeure situation continues.
If this lasts 30 days, the parties may terminate the agreement in writing.
If the force majeure lasts longer than three months, the buyer can cancel the agreement by registered letter.
Article 12 - Transfer of rights
Rights under the Agreement may only be transferred with the written consent of the other party.
Article 13 - Retention of title and right of retention
Delivered goods remain the property of the seller until full payment has been made.
In the event of late payment, the seller may suspend work.
Items subject to retention of title may not be pledged or encumbered.
Seller insures delivered goods against damage and theft and will present the policy upon request.
The seller has the right of retention in the case of outstanding advance payments.
In the event of liquidation or insolvency of the buyer, all obligations become immediately due and payable.
Article 14 - Liability
Liability is limited to the amount paid out by the insurance company, plus the deductible.
Liability for intent or deliberate recklessness on the part of the seller or managers is not excluded.
Article 15 - Obligation to complain
Complaints must be reported immediately, with as complete a description as possible.
In case of a justified complaint, the seller will repair or replace.
Article 16 - Guarantees
The seller guarantees that the product complies with the agreement and is suitable for its intended use. The warranty is valid for two years from the date of purchase.
Warranty is void in case of improper use, unauthorized modification, or use for which the product is not intended.
Third-party products are covered by the warranty of the respective manufacturer.
Article 17 - Intellectual property
NESTELLO reserves all intellectual property rights to products, designs, drawings, data carriers, images, etc., unless otherwise agreed in writing.
The customer may not copy, share or use these rights without written permission.
Article 18 - Amendment of general terms and conditions
NESTELLO may amend or supplement these terms and conditions.
Minor changes can be made at any time.
Major content changes will be discussed with the client in advance if possible.
Consumers may terminate the agreement in the event of substantial changes.
Article 19 - Applicable law and competent court
Every agreement is exclusively governed by Dutch law.
The court in the district where NESTELLO is established (Hillegom and surrounding areas) has jurisdiction, unless the law provides otherwise.
The Vienna Sales Convention is excluded.
If any provision is declared invalid, the remaining provisions will remain valid.