General Terms and Conditions Albarello tile factory and studio
Article 1 – field of application
- In these conditions and on the website Albarello stands for:
the private company Albarello
established in Menaam, The Netherlands
Registration in the commercial register with the following Chamber of Commerce number: 01060682
- These general conditions are applicable on all agreements between the client (hereafter: “buyer’’) and the business Albarello and the delivery between Albarello and the buyer. A reference of the buyer to the general or purchasing terms and conditions and the applicability of these is explicitly rejected by Albarello.
- By placing an order the customer accepts to be restrained to these general terms and conditions and declares that these general terms and conditions are made available to the customer in such a way that the customer has the opportunity to store them and access them at a later point in time. Moreover, the customer declares to have read and understood the general terms and conditions.
- The general terms and conditions can be sent at request and consulted at all times at the following website https://albarello.nl.
Article 2 – realization of the agreement
- The agreement is concluded, at the moment of receipt, by Albarello of the acceptance of the offer by the buyer by means of a written confirmation of the order, or direct placement of an order on the website of Albarello.
- Albarello reserves the right to, without the specification of any reasons, not accept orders (in part).
- The buyer who provides personal details in the context of the agreement guarantees that all details are correct, complete and up to date. The buyer is obligated to give immediate notice of any errors in the provided or stated payment details.
Article 3 – prices and payment
- The prices mentioned in the product offer are including possible VAT and in Euro’s, and moreover, are subject to misprints. The prices do not include shipping costs as these are revealed separately.
- The prices discussed in the previous paragraph will not increase after conclusion of the agreement by Albarello, unless legal measures make this necessary or in case the manufacturer / supplier transits provisional price increases. In that case, the buyer is authorized to dissolve the agreement by means of a written declaration direct to Albarello.
- For payment one can use of the stated payment possibilities and the thereby stated payment conditions.
Article 4 – images and specifications
- Product images as well as corresponding specifications, dimensions and details as displayed at the website of Albarello are displayed with great diligence. Due to craft production the delivered product may slightly deviate in color or dimension from the product images or specifications. This does not mean that the product does not comply with the afore mentioned agreement.
Article 5 – intellectual property
- All models, drawings and designs created and produced by Albarello remain the property of Albarello and cannot be reproduced by any other party, unless Albarello has granted explicit written consent.
- The customer guarantees the respect for intellectual property rights.
Article 6 – delivery of website orders
- Albarello considers with greatest care the receipt and execution of all orders. The delivery times stated on the website serve as an indication from which the buyer cannot derive any rights, and moreover, these are not bound.
- The address the buyer reveals to Albarello is valid as the place of delivery.
- Albarello is entitled to deliver in parts (partial delivery), which they may charge separately.
- Albarello will execute accepted website orders with appropriate urgency right after the conclusion of the agreement, but in any event within 20 working days thereafter. In case the delivery exceeds these 20 working days and the delivery experiences any delay the buyer will be notified as soon as possible Another delivery time can be concluded or it can be concluded that another product will be delivered.
- The buyer will be notified as soon as possible in case an order cannot or can only partially be executed, In that case, the buyer reserves the right to dissolve the agreement (partially) free of charge.
- .In case of dissolution in accordance with paragraph e. Albarello will repay the buyer immediately. However, the buyer does not reserve the right to any form of compensation.
- The risk of damage or loss of the products lies with Albarello until the moment of delivery to the buyer’s address, unless explicitly agreed otherwise. The burden of proof that a product is damaged or not delivered at all, lies with the buyer.
Article 7 – delivery unique assignments
- Albarello strives at any time for delivery on the specified date and time which has been agreed upon with the buyer. If due to unforeseen circumstances in the production process at Albarello this delivery date and time cannot be met, a gratifying solution will be sought altogether with the buyer. An assignment for unique products which has already been taken into production cannot be dissolved.
- The address the buyer reveals to Albarello is valid as the place of delivery.
- The risk of damage or loss of the products lies with Albarello until the moment of delivery to the buyer’s address, unless explicitly agreed otherwise. The burden of proof that a product is damaged or not delivered at all lies with the buyer.
Article 8 – time for consideration – i.e. withdrawal period website orders
- The buyer reserves the right to annul the agreement within 14 days without specification of any reason as of the day he or any designated third party (not the transporter) received the product. This term is in effect as of the day that the buyer or any other party on behalf of the buyer received the product, or in the case of a partially delivery, received all parts of the delivery.
- In order to exercise the right of withdrawal the buyer should forewarn Albarello of its decision via an unambiguous declaration (e.g. in writing by post or e-mail).
- The buyer should return the products according to the stated manner by Albarello as soon as possible but at least within 14 days after the declaration which is referred to under article ‘b’.
- All returned products must be send as registered items in original packaging (including accessories and corresponding documentation), preferably packed with the original or equivalent protective material in the same condition in which the buyer received the order, i.e. unharmed and undamaged. Direct costs of returning the products are at the expense of the buyer.
- The buyer will carefully handle the products and packaging during the reflection period. (S)he will solely unpack and/or use the products to the extent that this is absolutely necessary with regards to the decision whether to keep the product or not.
- Albarello will refund the amounts paid by the buyer (including first delivery costs) after a successful cancellation, within 14 days after the receipt of the declaration which is referred to under article ‘b’. Albarello may delay the refund until all products are retrieved.
Article 9 –reservation of title
- If applicable, Albarello remains the ownership of all goods delivered by Albarello until the full payment of the price of all delivered goods to the buyer by Albarello (including possible accrued interest and/or costs) on account of the agreement in question or earlier/later similar agreements.
Article 10 – warranty and conformity
- Albarello guarantees that all delivered products meet the legal requirements for usability, reliability and product lifetime as all parties reasonably agreed upon, in the agreement.
- As far as possible, the buyer is obliged to inspect the products on receipt immediately. In the case of a wrong, faulty or incomplete product delivery, the buyer should report these shortcoming to Albarello (before proceeding to return) as soon as possible after discovery but at the latest 8 days after receipt via the stated manner on the website. The return of the products in the original state and packaging (including accessories and accompanying documentation) should be sent via registered mail and in the way as has been indicated by Albarello.
- In case the delivered product(s) do not comply with the agreement, Albarello will replace or repair the delivered product(s) free of charge or meet the customer with a written settlement about compensation.
- The buyer cannot appeal to the described warranty to which is referred to in paragraph ‘a’, in the case that the products have been exposed to unusual circumstances and/or that the buyer did not act as a careful debtor for its maintenance or in the case that these products are either treated in such a way that contradict with the signs of Albarello and/or its manual or in fact that the buyer repaired and/or processed the delivered products himself or by any third party.
Article 11 – liability
- Albarello is excluded from any damage liability, under which additional compensation of any kind, compensation for indirect damage or consequential damage or damage due to lost profit, all this, with the exception of intent or deliberate recklessness on the part of Albarello.
- Albarello is not liable for any defects and/or negligence of its suppliers or any other third party. ..
- In the case of the buyer, for whatever reason but not at the expense of Albarello, is not able to accept or could not accept a product due to unmet requirements of article 2 paragraph c, Albarello will not be liable for the damage that arises from the unacceptance of the product and is not obligated to deliver a substitute product.
- The liability of Albarello and thus the amount of the compensation is always limited to the maximum of the invoice amount of the products in question, or (at the discretion of Albarello) to the maximum amount paid by the liability insurance of Albarello in the relevant case.
- The provisions of this article lets without prejudice the legal liability of Albarello due to imperative regulations.
Article 12 – handling of complaints
- Complaints about the performance of the agreement have to be reported to Albarello within 8 days after delivery and should be described via telephone, customer service or mail (email@example.com) as complete and clear as possible.
- Submitted complaints to Albarello will be handled within a period of 14 days from the day of receipt. If a complaint requires a foreseeable longer time of processing, Albarello will reply within the period of 14 days to confirm the receipt of the complaint and an indication when the customer may expect a more detailed reply.
Article 13 – other provisions
- In the case that a provision of these general terms and conditions is declared null or non-binding, all other provisions remain in force and by means of mutual consultation, an alternative provision will be agreed upon which corresponds as much as possible with the old provision.
- These general terms and conditions cover all agreements between Albarello and the customer to which solely Dutch law and jurisdiction applies.
- As far as the law allows, all disputes are submitted to the court in Assen for assessment.
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