Article 1 - Definitions

House of Glit, located in Rotterdam, Chamber of Commerce number 85924601, is referred to as the seller in these general terms and conditions.

The seller's counterparty is referred to as the buyer in these general terms and conditions.

Parties refer to the seller and buyer together.

The agreement refers to the purchase agreement between the parties.

Article 2 - Applicability of General Terms and Conditions

These conditions apply to all quotes, offers, agreements, and deliveries of services or goods by or on behalf of the seller.

Deviating from these conditions is only possible if 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 is expected for reservations. In that case, the buyer receives proof of the reservation and the prepayment.

If the buyer does not pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend obligations until the buyer has met their payment obligation.

If the buyer remains in default, the seller will proceed to collection. The costs related to that collection are borne by the buyer. These collection costs are calculated according to the Decree on compensation for extrajudicial collection costs.

In the event of liquidation, bankruptcy, seizure, or suspension of payment of the buyer, the seller's claims on the buyer are immediately due and payable.

If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

Article 4 - Offers, Quotes, and Price

Offers are non-binding, unless a term of acceptance is stated in the offer. If the offer is not accepted within the specified term, the offer expires.

Delivery times in quotes are indicative and do not give the buyer the right to dissolution or compensation if exceeded, unless expressly agreed otherwise in writing by the parties.

Offers and quotes do not automatically apply to repeat orders. This must be expressly agreed in writing by the parties.

The price mentioned in offers, quotes, and invoices consists of the purchase price including the due VAT and any other government levies.

Article 5 - Right of Withdrawal

The consumer has the right to dissolve the agreement without reason within 14 days after receiving the order (right of withdrawal). The term starts from the moment the (entire) order is received by the consumer.

There is no right of withdrawal when the products have been custom-made according to the consumer's specifications or have a short shelf life.

The consumer may use a withdrawal form provided by the seller. The seller is obliged to make this available immediately after the buyer's request.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he uses his right of withdrawal, he will return the unused and undamaged product with all supplied accessories and, if reasonably possible, in the original shipping packaging to the seller, according to the reasonable and clear instructions provided by the seller.

Article 6 - Modification of the Agreement

If it appears during the execution of the agreement that it is necessary to modify or supplement the work to be performed for its proper execution, parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

If parties agree that the agreement is modified or supplemented, this may affect the completion time. The seller will inform the buyer of this as soon as possible.

If the modification or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer about this in advance in writing.

If a fixed price has been agreed upon, the seller will indicate to what extent the modification or addition to the agreement results in an overrun of this price.

Contrary to the provision in the third paragraph of this article, the seller cannot charge additional costs if the modification or addition is the result of circumstances that can be attributed to him.

Article 7 - Delivery and Transfer of Risk

As soon as the purchased goods are received by the buyer, the risk transfers from the seller to the buyer.

Article 8 - Inspection and Complaints

The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible term. The buyer must check whether the quality and quantity of the delivered goods correspond to what was agreed, at least that the quality and quantity meet the requirements that apply to them in normal (commercial) traffic.

Complaints regarding damage, shortages, or loss of delivered goods must be submitted in writing by the buyer to the seller within 10 working days after the day of delivery of the goods.

If a complaint is justified within the stipulated period, the seller has the right to either repair, deliver again, or refrain from delivery and send the buyer a credit note for that part of the purchase price.

Minor and/or industry-standard deviations and differences in quality, quantity, size, or finish cannot be opposed to the seller.

Complaints regarding a specific product do not affect other products or components belonging to the same agreement.

No complaints are accepted after the goods have been processed by the buyer.

Article 9 - Samples and Models

If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the goods to be delivered having to correspond to it. This is different if the parties have expressly agreed that the goods to be delivered will correspond.

In agreements concerning an immovable property, the mention of the surface or other dimensions and indications is also presumed to be intended as an indication, without the goods to be delivered having to correspond.

Article 10 - Delivery

Delivery takes place 'ex factory/shop/warehouse'. This means that all costs are for the buyer.

The buyer is obliged to accept the goods at the moment the seller delivers them or has them delivered, or at the moment when they are made available to him according to the agreement.

If the buyer refuses acceptance or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the goods at the expense and risk of the buyer.

If the goods are delivered, the seller is entitled to charge any delivery costs.

If the seller needs data from the buyer for the execution of the agreement, the delivery time starts after the buyer has made these data available to the seller.

A delivery period specified by the seller is indicative. This is never a fatal term. If the term is exceeded, the buyer must put the seller in default in writing.

The seller is entitled to deliver the goods in parts unless the parties have agreed otherwise in writing or the partial delivery has no independent value. The seller is entitled to invoice these parts separately.

Article 11 - Force Majeure

If the seller cannot, not timely, or not properly fulfill his obligations from the agreement due to force majeure, he is not liable for any damage suffered by the buyer.

Parties consider force majeure to include any circumstance which the seller could not have taken into account at the time of the agreement's conclusion and as a result of which the normal execution of the agreement cannot reasonably be expected by the buyer, such as sickness, war or risk of war, civil war and unrest, sabotage, terrorism, energy disruption, flood, earthquake, fire, company occupation, strikes, worker exclusion, amended government measures, transport difficulties, and other disruptions in the seller's business.

Furthermore, parties consider force majeure the circumstance that supply companies on which the seller depends for the execution of the agreement, do not meet the contractual obligations towards the seller, unless such is attributable to the seller.

If a situation as referred to above occurs as a result of which the seller cannot meet his obligations towards the buyer, those obligations will be suspended as long as the seller cannot meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, parties have the right to dissolve the agreement in writing in whole or in part.

In case the force majeure lasts longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done via a registered letter.

Article 12 - Transfer of Rights

Rights of a party from this agreement cannot be transferred without the prior written consent of the other party. This provision is stipulated as a stipulation with property law effects as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Article 13 - Retention of Title and Right of Retention

The goods present at the seller's premises and the goods and parts delivered remain the property of the seller until the buyer has paid the full agreed price. Until that time, the seller can invoke his retention of title and take back the goods.

If the agreed advance payments are not made or not made on time, the seller has the right to suspend the work until the agreed part has been paid. In that case, there is creditor's default. A late delivery cannot be opposed to the seller in that case.

The seller is not authorized to pledge or in any way burden the goods falling under his retention of title.

The seller obliges to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at the first request.

If goods have not yet been delivered, but the agreed advance payment or price has not been paid according to the agreement, the seller has the right of retention. The item will not be delivered until the buyer has fully paid in accordance with the agreement.

In the event of liquidation, insolvency, or suspension of payment of the buyer, the obligations of the buyer are immediately due and payable.

Article 14 - Liability

Any liability for damage arising from or related to the execution of an agreement is always limited to the amount that is paid out in the respective case by the closed liability insurance(s). This amount will be increased by the amount of the deductible according to the respective policy.

Not excluded is the liability of the seller for damage resulting from the intention or gross negligence of the seller or his managerial subordinates.

Article 15 - Complaint Obligation

The buyer is obliged to report complaints about the work performed immediately to the seller. The complaint contains as detailed a description as possible of the shortcoming, so that the seller can respond adequately.

If a complaint is justified, the seller is obliged to repair or replace the good.

Article 16 - Guarantees

If guarantees are included in the agreement, the following applies. The seller guarantees that the sold goods comply with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This guarantee applies for a period of two calendar years after receipt of the sold by the buyer.

The aforementioned guarantee is intended to establish such a risk distribution between the seller and the buyer that the consequences of a breach of a guarantee are always fully at the expense and risk of the seller and that the seller can never invoke Article 6:75 of the Dutch Civil Code regarding a breach of a guarantee. The provision in the previous sentence also applies if the breach was known or could have been known to the buyer by conducting research.

The mentioned guarantee does not apply when the defect has arisen as a result of injudicious or improper use or when - without permission - the buyer or third parties have made changes or attempted to make changes or used the purchased goods for purposes for which it is not intended.

If the guarantee provided by the seller relates to a product that was produced by a third party, the guarantee is limited to the guarantee provided by that producer.

Article 17 - Intellectual Property

House of Glit retains all intellectual property rights (including copyright, patent right, trademark right, designs and models right, etc.) on all designs, drawings, writings, data carriers or other information, quotes, images, sketches, models, maquettes, etc., unless otherwise agreed in writing by the parties.

The customer may not copy, show to third parties and/or make available or use the aforementioned intellectual property rights without the prior written consent of House of Glit.

Article 18 - Amendment of General Terms and Conditions

House of Glit is entitled to amend or supplement these general terms and conditions.

Minor changes can be made at any time.

House of Glit will discuss major substantive changes as much as possible in advance with the customer.

Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

Article 19 - Applicable Law and Competent Court

Only Dutch law applies to every agreement between the parties.

The Dutch court in the district where House of Glit is located is exclusively competent to hear any disputes between the parties unless the law prescribes otherwise mandatorily.

The applicability of the Vienna Sales Convention is excluded.

If one or more provisions of these general terms and conditions are considered unreasonably onerous in a judicial procedure, the other provisions will remain in full force.