FAQ
Are the desks new or second-hand?
The desks on our website are pre-owned. The desks may have traces of use. If you have questions about a specific desk you can always contact us. We will be happy to answer your questions.
What are the delivery charges?
Delivery costs throughout the Benelux are €75. After you have placed your order we will contact you to make an appointment for delivery.
What is the delivery time
We strive to deliver the products within a week. After you place the order, we will contact you to schedule an appointment for delivery.
How are the products delivered?
One delivery person will come to deliver the products. It would be nice if you could lend a hand to the delivery driver. If you cannot, please let us know when we make an appointment for delivery. Then we can take this into account.
Can I also pick up the desk myself at the store?
You can pick up your purchased products free of charge at our store in Heesch. We will contact you after your purchase to make an appointment to pick up your order.
Can I return products?
You can return products within two weeks of delivery. You will then only pay the delivery costs of your order. The purchase price of your order will be fully refunded. If you want to return your product please contact us by phone.
What are the general terms and conditions?
General
Terms and Conditions Van Den Akker Bureaus
B. van den Akker h.o.d.n. Van Den Akker Bureaus (hereinafter: Van
Den Akker Bureaus) is registered with the Chamber of Commerce under number
77168305 and is located at Bosschebaan 27 (5384VX) in Heesch.
1. In these general terms and conditions, the following
terms are used in the following sense unless expressly stated otherwise
.
2. Offer: any
written offer or quotation to Client to deliver
Products and/or perform Work by Contractor.
3. Contractor: the
contractor who has the work performed independently or under his direction by others
hereinafter referred to as Van Den Akker Bureaus.
4. Company: a natural person
or the legal person acting in the exercise of profession or business.
5. Consumer: natural person
not acting in the exercise of his profession or business.
6. Client:
the Company or Consumer entering into an Agreement (at a distance) with
Contractor.
7. Agreement:
the Agreement, whereby Van Den Akker Bureaus undertakes to Client
to bring about
and deliver a work of a material nature outside employment for a price to be paid by the Client in
money, with which these general terms and conditions form an indissoluble whole.
8. Products: the
Products offered by Van Den Akker Bureaus are classic used furniture and related
items.
9. Activities: the activities offered by Van
Den Akker Bureaus are all activities in the broadest sense of the
word within restoring
classic second-hand furniture as well as manufacturing custom-made
furniture.
1. These general terms and conditions apply to any
Offer by Van Den Akker Bureaus, any Agreement between Van Den Akker
Bureaus and Client, and any work offered by Van Den Akker Bureaus
.
2. Before an Agreement (at a distance) is concluded,
the Client will be provided with these general terms and conditions. If this
is not reasonably possible, Van Den Akker Bureaus will indicate to Client
how Client can inspect the general terms and conditions.
3. Deviation from these general conditions is in principle
not possible. In exceptional situations it is possible to deviate from the general terms and conditions
if this has been explicitly agreed in writing with Van Den Akker Bureaus
. The general terms and conditions of the Client do not apply
.
4. These general terms and conditions also apply to
additional, modified follow-up assignments and assignments in the future from
Client.
5. If one or more provisions of these general
terms and conditions are partially or wholly void or nullified, the
remaining provisions of these general terms and conditions shall remain in effect, and the
void/ nullified provision(s) shall be replaced by a provision with
the same purport as the original provision.
6. Uncertainties about the content, explanation or situations that
are not regulated in these general terms and conditions, should be assessed and explained
according to the spirit of these general terms and conditions.
7. Where reference is made in these general terms and conditions to
she/he/him, this should also be construed as a reference to
he/him/his, if and to the extent applicable.
1. All Offers made by Van Den Akker Bureaus are
non-binding, unless expressly stated otherwise in writing. If
the Offer is limited or valid under specific conditions, this
shall be expressly stated in the Offer.
2. Van Den Akker Bureaus is only bound to an Offer
if the acceptance thereof is confirmed in writing by the Client within 14 days
. Nevertheless, Van Den Akker Bureaus has the right to refuse an
Agreement with a potential Client for a reason that is justifiable to Van Den Akker Bureaus
.
3. The Offer contains a description of the
Work offered. The description is so detailed that the Client is in
a position to make a proper assessment of the Offer. Obvious
mistakes or errors in the Offer cannot bind Van Den Akker Bureaus.
Any illustrations and/or specific data (including but not
limited to models shown and/or provided, examples of the documents
as well as statements of colors, capacities, functionalities, dimensions and
other descriptions in brochures and promotional material) in the Offer are
only an indication and cannot be a ground for any compensation or
the dissolution of the Agreement. Minor deviations permissible in the industry
are permissible and do not constitute grounds for terminating the
Agreement.
4. If the Offer is based on information provided by Client
and such information appears to be incomplete and/or incorrect
or such information is subsequently changed, Van Den Akker Bureaus has the
right to adjust the rates, delivery periods and/or prices stated in the Offer to
. Client is obliged to accept the changed circumstances
and to comply with the payment obligations set.
5. Offers do not automatically apply to
follow-up orders or reorders.
6.
Delivery times, deadlines and stated hours in the Offer
of Van Den Akker Bureaus are indicative and if exceeded do not entitle the Client to rescission or damages, unless
expressly agreed otherwise.
7. A composite quotation does not oblige Van Den Akker
Bureaus to deliver part of the items included in the offer or quotation
at a corresponding part of the quoted price.
Article
4 - Establishment of the Agreement
1. The Agreement comes into effect when
Client has accepted an Offer from Van Den Akker Bureaus by paying for the Product
in question, or when Client has accepted an Offer or quotation from Van
Den Akker Bureaus and paid the deposit.
2. If Client has accepted the Offer by placing an
order with Van Den Akker Bureaus, Van Den Akker Bureaus will confirm Client's
order in writing by email. Each Offer is
valid for a maximum of 14 days (unless expressly agreed otherwise),
thereafter Van Den Akker Bureaus cannot be held to an Offer.
3. Van Den Akker Bureaus is not bound to an Offer
if Client could reasonably have expected or should have
understood or should have understood that the Offer contains an obvious mistake or
clerical error. The Client cannot derive any rights from this mistake or clerical error
.
4. An Offer is valid only if made in writing
by Van Den Akker Bureaus to Client. The Offer shall lapse
if the Product or the Work to which the Offer
relates is no longer available in the meantime.
5. Van Den Akker Bureaus has the right to refuse an Agreement
with a potential Client for a reason that is well-founded to Van Den Akker Bureaus
.
6. If multiple Clients jointly enter into a
Agreement with Van Den Akker Bureaus, each Client
is individually jointly and severally liable for the performance of the
obligations by each Client and the Clients collectively.
6. The right of withdrawal is excluded for Client
being a Business. Client being a Consumer is entitled to
assert its right of withdrawal within the statutory period. If
revocation is applicable, Client will handle the
Product and its packaging with care. It shall only unpack or use the Product in
the extent necessary to establish the nature, characteristics and functioning of the Product
. The direct costs of returning the Product shall
be borne by the Client.
7. Products that cannot be taken back
due to customization are excluded from the right of withdrawal. This is explicitly
stated in the Offer.
Article
5 - Duration of the Agreement
1. The Agreement is entered into for the duration as stated in the
offer, unless otherwise agreed upon.
2. Client is authorized at all times to terminate all or part of the Agreement
. If a start has already been made on the
performance of the Agreement and the Client cancels the Agreement,
Client shall owe the price applicable to the entire work, less
the savings for Van Den Akker Bureaus resulting from the cancellation,
against delivery by Van Den Akker Bureaus of the work already completed.
If the price was contingent on the actual costs to be incurred by Van Den Akker
Bureaus, the price owed by the Client
shall be calculated on the basis of the costs incurred, the labor performed and the profit
that Van Den Akker Bureaus would have made on the entire work.
3. Either party may terminate the Agreement on the grounds
of an attributable failure to perform if the other party
has been given written notice of default, and it has been given a reasonable period of time
to fulfill its obligations and it imputably fails to do so.
This also includes the payment and cooperation obligations
of the Client.
4. Both the Client and Van Den Akker Bureaus can terminate the
Agreement in whole or in part without further notice of default
in writing with immediate effect in the event that one of the parties is in
suspension of payment, bankruptcy has been applied for or the relevant
company ends by liquidation. If a situation as mentioned above
occurs, Van Den Akker Bureaus is never obliged to refund
monies already received and / or compensation. Van Den Akker Bureaus is
entitled to take back by return the unpaid items
and retains the right to claim additional compensation from
Client.
5. If Van Den Akker Bureaus dies or becomes permanently incapacitated after the conclusion of the
Agreement, each of the
parties may terminate the Agreement, insofar as, in view of the nature of the
Agreement, it can derive a
reasonable interest in termination from the death or permanent incapacity. For the work already performed and
costs incurred, the Client shall owe a compensation to be determined reasonably and with due regard to
all circumstances, if applicable to
the heirs or legal successors of Van Den Akker Bureaus.
6. If an already scheduled appointment is cancelled by Client
from 24 hours to the commencement date, Van Den Akker Bureaus
shall be entitled to charge Client for the time reserved for it on the basis of the established
hourly rate, as well as costs already incurred for the purpose of performing the
Agreement.
7. If Client cancels an already concluded
agreement to manufacture furniture, the
following costs will be charged. In the event of cancellation up to one month before
the starting date, 20% of the tender amount will be charged to
Principal. Up to three weeks to the commencement date, 50% of the
quotation amount will be charged, and up to one week before the commencement date, 75% of the
quotation amount will be charged. Van Den Akker Bureaus is at all times
entitled to charge higher costs if it has incurred more costs
for the implementation of the Agreement.
8. Client is himself liable to third parties for
the consequences of the cancellation and indemnifies Van Den Akker Bureaus for the
resulting claims of these third parties.
Article 6 - Additional and less work and changes
1. If during the performance of the Agreement it appears
that the Agreement must be adapted and/or supplemented, or at the request
of the Client further Work is necessary to achieve the desired result
of the Client, the Client is obliged to reimburse this more
Work in accordance with the agreed rate. Van Den Akker
Bureaus is not obliged to comply with this request, and may require from
Client that an additional Agreement is
concluded for this purpose.
2. If a fixed price has been agreed upon for the
Work, Van Den Akker Bureaus will inform Client of the
additional costs or financial consequences of the additional work.
3. If and insofar as a fixed price has been agreed upon for the performance of certain
Activities, and the performance of those
Activities leads to additional Activities that cannot reasonably
be considered to be included in the fixed price, or the price must be increased
as a result of incorrect information provided by the Client
which is important for determining the price (unless Van Den Akker Bureaus should have discovered the
inaccuracy of the information before determining the price
), Van Den Akker Bureaus is entitled, after consultation with
Client, to charge these costs to the Client.
4. In case of hidden defects, or at least unforeseen
circumstances such as for example the presence of asbestos and wood rot, Van
Den Akker Bureaus is entitled to charge extra costs for this
if these circumstances lead to extra Work.
5. Price changes as a result of changing the
Agreement, or pursuant to laws and regulations must be reimbursed by Client
.
1. Payment of a product purchased by
Client in the webshop should preferably be made in advance
in the currency in which it was invoiced by the method indicated.
2. When purchasing the Product through
marketplace, payment shall be made upon delivery of the Product.
3. If Van Den Akker Bureaus manufactures custom furniture for Client at
Client must pay a
down payment and the remaining amount will be invoiced to Client
upon completion.
4. Client cannot derive any rights or expectations
from an estimate issued in advance, unless the parties have expressly agreed otherwise
. If the quoted price is a guide price, this
guide price may be adjusted during the performance of the Agreement unless
Van Den Akker Bureaus has warned Client as timely as possible of
the likelihood of a further overrun, and has given Client in the
opportunity to reduce or simplify the work as yet. Van
Den Akker Bureaus shall cooperate, within reason, with the
limitation or simplification. This also applies if the price depends on the
estimated duration for the performance of work.
5. If between the date of the conclusion of the
Agreement (or quotation) and the execution thereof for Van Den Akker Bureaus
(cost) price increasing circumstances occur as a result of laws and
regulations, price changes at the by Van Den Akker Bureaus engaged
third parties or suppliers or changes in the prices of the required
semi-finished products, materials, parts or currency fluctuations, import and
export duties (both at home and abroad), shipping and / or delivery costs,
wages, employer's contributions and / or (social) contributions e.d., Van Den Akker Bureaus
is entitled to increase the agreed price or fee accordingly
and charge it to Client.
6. Client is obliged to pay the agreed
down payment within the specified period before Van Den Akker
Bureaus starts the execution of the Agreement. In any case,
Client is obliged to reimburse the costs on behalf of the materials in advance
.
7. If there is a periodic payment obligation
of Client, Van Den Akker Bureaus shall be entitled to adjust the applicable prices
and rates (only) in accordance with the terms of the Agreement in writing
subject to a period of at least 3 months from
the conclusion of the Agreement in which the prices do not increase. At
price increases within 3 months after the conclusion of the Agreement,
Client is authorized to dissolve the Agreement with a written
statement. If the Client has not informed Van Den Akker Bureaus within 30 days of notification of the price change
that it wishes to make use of its
power of dissolution, Van Den Akker Bureaus may legitimately
rely on the fact that the Client has agreed to the price change.
8. Client is obliged to pay the agreed amount
within the latest payment period of 30 days.
9. Client shall pay these costs at once without
suspension, deduction and/or set-off to the account number and details of Van Den Akker Bureaus made known to her
. Client
may agree on a further period in which the amount due is to be
paid only with the express written consent of Van Den Akker Bureaus
.
10. Van Den Akker Bureaus shall be entitled to set off all amounts already paid by
Client against compensation due by Client
(outstanding).
11. If a dispute arises between the parties regarding the
number of hours spent and/or hours charged, the hourly records of
Van Den Akker Bureaus shall be binding, unless Client can prove otherwise with
convincing rebuttal evidence.
12. If and to the extent that during the performance of the
Agreement additional costs are incurred and/or there is increased risk
(in the opinion of Van Den Akker Bureaus), Client shall reimburse an
additional cost for this.
1. When Client does not meet her payment obligation
and has not fulfilled her obligation within the set payment period of 30 days
, Client being a Business of
is legally in default. Customer being a Consumer shall first receive a
written demand for payment with a term of 14 days after the date of
receipt of the demand, still to comply with her payment obligation
with a specification of the extrajudicial costs if she does not comply with her obligations within
that stipulated term, before she becomes in default
.
2. From the date that the Client is in default, Van
Den Akker Bureaus shall without further notice of default claim the
statutory (commercial) interest from the first day of default until full payment and
compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to
calculate according to the graduated scale from the Decree on compensation for
extrajudicial collection costs of 1 July 2012.
3. If Van Den Akker Bureaus has incurred more or higher costs
which are reasonably necessary, these costs are eligible
for reimbursement. Judicial and execution costs incurred shall also be for
account of Client.
4. Van Den Akker Bureaus shall be entitled in the absence
of a full payment (if Client is in default) of
Client to terminate the Agreement, without further notice of default or judicial
intervention, by means of a written statement, or to suspend its
obligations under the Agreement, until payment is
received by Van Den Akker Bureaus, or Client has provided proper
security for this.
5. Even if, before Client
defaults on payment, Van Den Akker Bureaus has valid reasons to doubt the
creditworthiness of Client, Van Den Akker Bureaus
is entitled to terminate the Agreement without a written statement
or judicial intervention.
1. Van Den Akker Bureaus will endeavor to perform the
Agreement with the utmost care as may be required of
a good Contractor. All Work is performed on
the basis of an obligation of effort, unless a
result has been explicitly agreed upon in writing and described in detail. Under no circumstances does
Van Den Akker Bureaus guarantee that the Work performed and/or the items supplied by
it are suitable for the purpose intended by the Client.
2. In performing the Work, Van Den Akker
Bureaus is not obliged or bound to follow the instructions of Client
if as a result the content or scope of the agreed Work
is changed. If the instructions result in additional work for Van Den Akker
Bureaus, Client shall be obliged to reimburse Van Den Akker Bureaus for the additional or additional
costs accordingly. All instructions,
directions, advice and more shall be deemed to have been made under the express
approval of the Client if they have been made by employees,
subordinates and/or third parties engaged by the Client.
Damage resulting from the unauthorized or out of scope
of these instructions etc. shall be entirely for the account and risk of
the Client.
3. Van Den Akker Bureaus does not apply for permits or other
documents and permissions, mandatory or otherwise, from governments or other
agencies. Client is solely responsible for timely obtaining
required permits and/or necessary consents. Damage and/or
delay resulting from the absence of these permits or permissions
shall be at the expense and risk of the Client. Client explicitly indemnifies Van Den
Akker Bureaus for all (consequential) damages resulting from the lack
of permits and consents. Van Den Akker Bureaus will charge the (consequential) damage
to Client who is obliged to compensate Van Den
Akker Bureaus for the damage.
4. Van Den Akker Bureaus is entitled to engage third parties at its discretion for the performance
of the Work.
5. Van Den Akker Bureaus has the right to advertise
its business when it is working on Client's premises.
6. If the Work is suspended at the request of the Client
, the Client is obliged to pay the immediately due compensation
of the Work already performed at that time and costs incurred, to
pay at the first request of Van Den Akker Bureaus.
In addition, Van Den Akker
Bureaus shall be entitled to charge the Client for all costs incurred by it as a result of the suspension (this includes reserved
hours).
7. If, after the period of suspension, the performance of the
Agreement cannot be resumed, Van Den Akker Bureaus shall be entitled to immediately terminate the
Agreement without judicial intervention, by means of a written statement
to Client. In the event of resumption of performance
of the Agreement, Client shall be obligated to pay in full all costs incurred by Van Den Akker Bureaus resulting from such resumption
.
8. Client is obliged to ensure that:
All
information, data and
documents (including drawings, surveys and more) required for the performance of the Agreement
shall be made available to Van Den Akker Bureaus in a timely manner and in the manner desired by Van Den
Akker Bureaus;
The
work location is in such a condition that Van Den Akker Bureaus can perform and/or continue its Work and/or deliver the Products
unhindered;
9. If Client does not
fulfill the obligations mentioned in this article in time, Van Den Akker
Bureaus is entitled to suspend the performance of the Agreement until the
moment that Client has fulfilled its obligations. The costs
in connection with the delay incurred and/or the costs of performing
additional Work or other consequences arising from this shall be for
the account and risk of the Client.
10. If Client fails to comply with its
obligations and Van Den Akker Bureaus fails to demand compliance from Client
, this shall not affect Van Den Akker Bureaus' right to demand compliance at a
later date.
11. The construction materials coming from the work
which Client has declared that it wishes to
retain, shall be removed by it. All other construction materials
shall be disposed of by Van Den Akker Bureaus, without prejudice to any
liability of Client.
1. Van Den Akker Bureaus may if so instructed
prepare an opinion, plan of action, reports and/or reporting for
benefit of the service. The content thereof is not binding and
only advisory in nature, but Van Den Akker Bureaus will observe the duties of care resting upon it
. Client decides itself and on its own
responsibility whether to follow the advice.
2. Opinions provided by Van Den Akker Bureaus, in
any form, are never to be considered binding advice.
3. Client shall be obligated upon the first request of Van Den Akker
Bureaus to evaluate proposals provided by it. If Van
Den Akker Bureaus is delayed in its work, because Client
fails to submit an evaluation on a
proposal made by Van Den Akker Bureaus, or fails to do so in a timely manner, Client shall at all times be responsible for the
consequences resulting from this, such as delay.
4. The nature of the service entails that
the result is at all times dependent on external factors that can influence the
reports and opinions of Van Den Akker Bureaus, such as the
quality, accuracy and timely delivery of necessary information and
data of Client and its employees. Client vouches for the
quality and for the timely and correct delivery of required data and
information.
5. Client shall notify Van Den Akker Bureaus in writing
prior to commencement of work of any circumstances that
are or may be of interest including any items and priorities
for which Client desires attention.
1. The place of delivery shall be the home address that the
Client has made known to Van Den Akker Bureaus.
2. If the commencement, progress or (on) delivery of the
Agreement is delayed because, for example, Client has not or not
timely provided all requested information, does not provide sufficient cooperation
, the (on) payment is not received in time by Van Den Akker Bureaus
or due to other circumstances beyond the control of Van Den Akker Bureaus
any delay arises, Van Den Akker Bureaus is entitled to a reasonable
extension of the (on) delivery period. All agreed
(on) delivery deadlines are never deadlines. Client must give Van Den
Akker Bureaus written notice of default and grant it a reasonable period
to still be able to (complete) deliver. Client shall not be entitled to any compensation as a result of the resulting
delay.
3. Client is obliged to take delivery of the goods at the
moment when they are made available to it according to the Agreement,
even if they are offered to it earlier or later than agreed.
4. If the Client refuses to take delivery or is negligent with
the provision of information or instructions necessary for the
delivery, Van Den Akker Bureaus shall be entitled to store the items for the account
and risk of the Client.
5. If the Products are delivered by Van Den Akker
Bureaus. Van Den Akker Bureaus will always charge the delivery costs to Client in
even if Client has not yet
paid for the Product. These will then be invoiced separately unless
expressly agreed otherwise.
6. If Van Den Akker Bureaus requires information from
Client in connection with the performance of the Agreement, the
delivery period shall not commence until Client has made available to Van Den Akker Bureaus all information necessary for the performance
.
7. If Van Den Akker Bureaus has specified a term for delivery
, it is indicative. For delivery outside the Netherlands,
longer delivery periods apply.
8. Van Den Akker Bureaus is entitled to deliver the goods in parts
unless this has been departed from by Agreement or the partial delivery
has no independent value. Van Den Akker Bureaus shall be entitled to invoice the thus
delivered goods separately.
Article
12 - Packaging and transportation Products
1. Van Den Akker Bureaus undertakes to Client
to properly package and secure the items to be delivered in such a manner
that they will reach their destination in good condition during normal use.
2. Unless otherwise agreed in writing, all
deliveries are inclusive of sales tax (VAT), packaging and
packaging materials.
3. The acceptance of goods without any remarks on the
waybill or the receipt is proof that the packaging was in good condition
at the time of delivery.
Article 13 - Examination,
complaints Products
1. Client is obliged to examine the delivered Products (or have them examined) at the moment of
delivery, but in any case within 14 days after receipt of the
delivered Products, but only to unpack or use
them to the extent necessary to be able to assess whether it retains the Product
. In doing so, the Customer must examine whether the quality and
quantity of the Products delivered corresponds to the Agreement and the Products
meet the requirements applicable to them in normal (commercial) dealings.
2. Client is obliged to examine and inform himself
how the Product should be used and in case of
personal use, to test the Product in accordance with the instructions for use. Van
Den Akker Bureaus accepts no liability for the incorrect use of
the Product by Client.
3. Any visible
defects or shortages must be reported in writing to Van Den Akker Bureaus
after delivery at [email protected]. Client has a period
of 14 days after delivery for this purpose. Non-visible defects or shortages must
be reported within 14 days after discovery but at the latest within 6 months after delivery to
. If the Product is damaged as a result of careless handling by
the Customer himself is liable for any
depreciation of the Product.
4. If pursuant to the preceding paragraph is complained of in a timely manner,
Client remains obliged to pay for the purchased items. If
Client wishes to return defective items, this shall be done
only with the prior written consent of Van Den Akker
Bureaus in the manner specified by Van Den Akker Bureaus.
5. If Client being a Consumer uses his
right of withdrawal, he will return the Product and all accessories, as far as
reasonably possible, in original condition and packaging
to Van Den Akker Bureaus, in accordance with the return instructions of Van Den Akker
Bureaus. The direct costs for return shipments are at the expense and risk
of Client. If customization is involved, the right of withdrawal is excluded for
Client being a Consumer.
6. Van Den Akker Bureaus is entitled to
initiate an investigation into the authenticity and condition of the returned Products before
reimbursement will be made.
7. Refunds to Client will be processed as soon
as possible, but may take up to 14 days after
receipt of Client's declaration of dissolution. Refund
will be made to the account number previously provided.
8. If Client exercises its right of reclamation,
Client being a Business has no right to suspend its payment obligation
nor to set off outstanding invoices.
9. In the absence of a complete delivery, and/or if one
or more Products are missing, and this is attributable to Van Den Akker Bureaus,
Van Den Akker Bureaus shall, after a request to that effect by Client, either resend the
missing Product(s) or cancel the remaining order. The
receipt of the Products shall be leading in this regard. Any damage suffered by
Client as a result of the (different) extent of the
delivery cannot be recovered from Van Den Akker Bureaus.
Article 14 - Second-hand
products
1. Client being a Business should immediately after the
purchase of the Product, examine the Product to see if it meets the
Agreement. Van Den Akker Bureaus expressly provides no warranty on the
used products. Van Den Akker Bureaus declares that the Product has been duly tested to
the moment the Product leaves the warehouse.
Client cannot derive any rights from a defective Product of which the relevant defects have been mentioned in
the Offer.
2. If Client is a Consumer, this
has the right to replacement of the Product if it is suspected that the Product at
delivery did not comply with the Agreement, if the deviation from
the agreed upon becomes manifest within a period of 6 months after delivery
, unless the nature of the Product or the nature of the deviation opposes
it. The foregoing is without prejudice to the fact that Van Den Akker
Bureaus is not responsible for the suitability of the Products for
any individual application by the Client. Client shall follow the
regulations and instructions of Van Den Akker Bureaus.
Client shall follow the regulations and instructions of Van Den Akker Bureaus
.
3. If the items to be delivered do not comply with these
guarantees, Van Den Akker Bureaus shall, within a reasonable period of time after
receipt thereof at the discretion of Van Den Akker Bureaus, replace the item or take care
of repair. In the event of replacement, the Client undertakes already now to return the
replaced item to Van Den Akker Bureaus and to transfer ownership to Van
Den Akker Bureaus.
4. The guarantee referred to here does not apply when the
defect has arisen as a result of injudicious or improper use or
when, without written permission from Van Den Akker Bureaus,
Client or third parties have made changes or tried to make changes to
the item or have used it for purposes for which the item
is not intended or have been used under abnormal conditions.
1. If the start, progress or (completion) delivery of the
Work is delayed because, for example, the Client has not or not
timely provided all requested information, insufficient cooperation,
the (advance) payment has not been received in time by Van Den Akker Bureaus or due to other circumstances, which are for
account and risk of the Client, Van Den Akker Bureaus is entitled to a reasonable extension of the
(completion) delivery period. All agreed (delivery) dates are never
deadlines. Client must give Van Den Akker Bureaus written notice of default. In no
case are the specified deadlines fatal deadlines.
2. All damages and additional costs resulting from
delay due to a cause mentioned in paragraph 1 shall be for the account and risk of
Client and may be charged to Client by Van Den Akker Bureaus in
.
3. Shipping and/or transport of the ordered items
shall take place in the manner determined by the supplier of Van Den Akker Bureaus
but shall be at the expense and risk of Client. From the
time of delivery at the agreed place, the delivered item is for
account and risk of Client. Client is obliged to give its full
cooperation to the delivery at the first request of Van Den Akker
Bureaus. The acceptance of items from Van Den Akker Bureaus by Client,
is proof that the items have been received in good condition, unless
any damage is expressly noted on the receipt.
4. If there is a phased execution, or
Client must give approval, Van Den Akker Bureaus is entitled
to suspend the execution of the Agreement until such time that
Client has given its approval. The deadline to give
approval is 14 calendar days. If the Client has not given its approval within this
period, the Client shall be deemed to have tacitly
agreed to the deliverables.
5. Van Den Akker Bureaus shall make every effort to realize the Work
within the agreed period, insofar as this can reasonably be required of it in
.
6. Where reference is made to working days,
is understood to mean all (workable) calendar days with the exception of recognized
national holidays and weekends.
7. Client has an independent responsibility
for the management, use and maintenance of the
and/or (delivered) items made by Van Den Akker Bureaus.
8. If Van Den Akker Bureaus has given notice that
the work is ready to be delivered and Client does not inspect the work within
a reasonable period of time and accepts it with or without reservation or
puts it into use, processes it or has it processed, Client shall be deemed to have tacitly accepted the work
. Minor defects that can be repaired during the maintenance period
shall not be a reason for not accepting the
work delivered if this does not prevent it from being put into use. After acceptance
the work shall be considered delivered.
9. After completion, the work is at the risk of the
Client. It therefore remains liable for the price, regardless of the destruction
or deterioration of the work due to a cause not attributable to the contractor
.
10. Van Den Akker Bureaus shall not be liable for
defects that the Client reasonably
should have discovered at the time of delivery, barring intentional or deliberate recklessness on the part of Van Den Akker
Bureaus.
11. Van Den Akker Bureaus is entitled to deliver and/or
perform the Work in parts, whereby each partial delivery and/or
partial performance may be invoiced separately.
1. If agreed upon, Van Den Akker Bureaus will perform maintenance
or repair. The scope of the maintenance obligation extends
to what has been explicitly agreed upon by the parties. Van Den Akker
Bureaus will inform Client of all circumstances that may affect
(the availability) of the maintenance.
2. Client is obliged to report any defects, errors
or other malfunctions in writing to Van Den Akker Bureaus, whereupon
Van Den Akker Bureaus in accordance with its usual procedures will repair the defects
as soon as possible and to the best of its ability and/or make
improvements. If desirable, Van Den Akker Bureaus shall be entitled
to make temporary solutions first, after which a structural solution may be devised and implemented in consultation with
Client.
3. Client is required to provide its cooperation to Van Den Akker Bureaus upon first
request.
1. Van Den Akker Bureaus, is authorized to suspend the fulfillment of the
obligations or terminate the Agreement immediately and with immediate effect
if:
Client
fails to perform its obligations under the Agreement, in full or in a timely manner
;
Van Den
Akker Bureaus, after the conclusion of the Agreement on good grounds fears
that Client will not fulfill the obligations;
Client
was requested at the conclusion of the Agreement to provide security or a
down payment for the fulfillment of its obligations under the
Agreement, and such payment is not made or is insufficient;
If
due to delay on the part of the Client, Van Den Akker
Bureaus can no longer be required to fulfill the Agreement against the originally
agreed conditions, Van Den Akker Bureaus is entitled
to dissolve the Agreement.
if
circumstances arise which are of such a nature that fulfillment
of the Agreement in its present form cannot reasonably be required of Van Den
Akker Bureaus.
2. If the dissolution is attributable to Client
Van Den Akker Bureaus is entitled to compensation from Client.
3. If the Agreement is terminated prematurely by
Van Den Akker Bureaus, the Parties will consult for the transfer of Work yet to be
performed to third parties if the termination is attributable to Client
. The costs of transfer shall be borne by
Client. Van Den Akker Bureaus will inform Client of these costs in advance
to the extent possible. Client is obliged to pay these costs within the
specified period, unless otherwise agreed.
1. Any warranty is explicitly agreed upon in writing
. Warranties never extend beyond that which is explicitly
agreed upon.
2. Van Den Akker Bureaus performs the Work in accordance with
the standards applicable in the branch. If any guarantee is thereby given,
it shall be limited to what has been expressly agreed upon in writing and
only to the extent that the guarantee has been received from the suppliers. During the
guarantee period, Van Den Akker Bureaus guarantees a sound and
usual quality of the (op)delivered.
3. Client may only invoke the guarantee given by Van
Den Akker Bureaus if Client has fully fulfilled
his payment obligations.
4. If Client rightly invokes a
agreed warranty, Van Den Akker Bureaus shall be obliged to carry out a free
repair or replacement of the (op)delivered.
If in addition
there is any additional damage, the applicable provisions of liability of these general terms and conditions shall apply.
5. The warranty lapses as soon as the warranty period has
expired, the warranty obligation lapses, Client itself makes adjustments
or has adjustments made to the delivered item and/or uses, handles or maintains the delivered item incorrectly in the opinion
of Van Den Akker Bureaus.
6. For the Products sold and delivered with
manufacturer's warranty, only the warranty provisions set by this supplier shall apply.
7. Van Den Akker Bureaus guarantees that the Products
comply with the Agreement, the specifications stated in the offer,
usability and / or soundness and the legal rules / regulations at
the time of the conclusion of the Agreement. This also applies if the items to be
delivered are intended for use abroad and Client
has expressly
notified Van Den Akker Bureaus in writing of such use at the time the Agreement was concluded.
The risk of theft and loss, embezzlement or
damage of Products, data, documents, software, data files
and/or items that are used,
made or delivered as part of the performance of the Agreement shall pass to Customer at the time
they are actually placed at Customer's disposal.
Article
20 - Privacy, data processing and security
1. Van Den Akker Bureaus treats with care the
(personal) data of Client and Users of the website and will use
only in accordance with the privacy statement. If requested, Van
Den Akker Bureaus will inform the person concerned.
2. If the Agreement
requires Van Den Akker Bureaus to provide security of information, such security will meet
the agreed specifications and a level of security that is not unreasonable given the
state of the art, the sensitivity of the data, and the associated
costs.
Article
21 - Retention of title.
1. Van Den Akker Bureaus delivers all products or items
under retention of title, until Client has paid all amounts due
in full to Van Den Akker Bureaus the delivered property
remains the property of Van Den Akker Bureaus.
2. Van Den Akker Bureaus has the right to retain the products or items purchased by
Client, if
Client has not yet (fully) fulfilled its payment obligations
despite an obligation to transfer or surrender by Van Den Akker
Bureaus. After Client has fulfilled his obligations
Van Den Akker Bureaus will deliver the purchased products or goods to Client as soon
as possible, but at the latest within 20 working days.
3. Costs and other (consequential) damage as a result of keeping the purchased products under
shall be at the expense and risk of
Client and shall be compensated on first request to Van Den Akker Bureaus
by Client.
1. Van Den Akker Bureaus shall not be liable if it
cannot fulfill its obligations under the
Agreement due to a force majeure situation.
2. Force majeure on the part of Van Den Akker Bureaus
shall include in any case, but is not limited to: (i) force majeure of
suppliers of Van Den Akker Bureaus, (ii) failure to properly
fulfill obligations of suppliers, (iii) defectiveness of goods,
equipment, software or materials of third parties, (iv) government measures,
(v) power failure, (vi) failure of internet, data network and
telecommunications facilities (e.g. due to: cybercrime and hacking)
or otherwise, (vii) natural disasters, (viii) war and terrorist
attacks, (ix) general transportation problems (x) illness and/or labor strikes of
Van Den Akker Bureaus' personnel (xi) epidemics and/or pandemics that
disrupt public life and (xii) other situations which, in the judgment
of Van Den Akker Bureaus, are beyond its control that temporarily or permanently prevent the performance of
its obligations.
3.
If, in the opinion of Van Den Akker Bureaus, the
performance of the agreed Work cannot be performed at the
time or in the agreed term due to wet
weather conditions, extreme heat or terrain conditions, Van Den
Akker Bureaus shall have the right to interrupt the Work relating thereto and to extend the Agreement by the duration of the
days not worked without incurring liability.
4. If a force majeure situation lasts longer than 2 months,
the Agreement may be rescinded in writing by either party.
If any performance has already been made under the Agreement,
in such a case it shall be settled proportionately without any further
indebtedness of such performance by each party to each other.
Article
23 - Limitation of liability
1. If the performance of Work by Van Den
Akker Bureaus leads to the liability of Van Den Akker Bureaus towards
Client or third parties, such liability shall be limited to the costs charged by Van Den Akker Bureaus in connection with
the assignment (once the
invoice value, excluding material costs, excluding VAT) unless
the damage is the result of intent or recklessness bordering on intent on
Van Den Akker Bureaus. The liability is in any case limited to the
amount of damage which is paid out by the insurance company up to a maximum of
per claim per year.
2. Van Den Akker Bureaus shall not be liable for
consequential damages in any form, indirect damages, trading losses,
loss of profits and/or losses suffered, missed savings, damages from
business stagnation.
3. If the work shows defects after completion for which
Van Den Akker Bureaus is (found to be) liable, Van Den Akker Bureaus
shall be given the opportunity to remove the defects within a reasonable period of time
without prejudice to liability for damages resulting from the
defective completion, unless the cost of repair would be disproportionate
to the Client's interest in repair rather than compensation.
4. In the case of sizing, Van Den Akker Bureaus is not
liable for consequential damages including ordering incorrect
and/or errors in materials and taking measurements.
5. If the (consequences) of a defective performance of
the work is due to defects or unsuitability of items originating from
Client, the consequences shall be borne by Client, unless Van
Den Akker Bureaus has violated its duty to warn or has otherwise failed to
in expertise or care with respect to these defects
. Nor shall Van Den Akker Bureaus be liable for the early
commissioning of part or all of the work by Client.
6. Damage resulting from the use of materials prescribed by
Client and/or execution of a design originating from
Client shall be entirely at the expense and risk of
Client.
7. Van Den Akker Bureaus is not liable for and/or
obliged to repair any damage caused by the use of the Product.
If necessary, Van Den Akker
Bureaus provides strict maintenance and usage instructions to be followed by Client
. All damage to Products as a result of the
use of the Product is expressly excluded from liability
(this includes traces of use, usage damage, fall damage, light and
water damage, theft, loss, etc.). For Consumer a limitation
applies in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
8. Van Den Akker Bureaus is not liable for damage
that is or may be the result of any act or omission as a result of
(imperfect and/or incorrect) information on the website or that of linked
websites.
9. Van Den Akker Bureaus does not guarantee the accurate and
complete transmission of the contents of and e-mail sent by or on behalf of Van Den Akker
Bureaus, nor the timely receipt thereof.
10. Damage resulting from the working of natural products,
such as the shrinking and expanding of wood, shall not result in liability on the part of
Van Den Akker Bureaus unless there is intent or deliberate recklessness.
Repair of damage resulting from the working of used materials shall count as
additional work.
11. All claims of Client for failure
on the part of Van Den Akker Bureaus shall lapse if not reported in writing
and motivated to Van Den Akker Bureaus within one year after
Client was aware or could reasonably have been aware of the facts on which
it bases its claims. The liability of Van Den Akker Bureaus
expires after one year after the termination of the Agreement between the parties.
12. The Work may involve the loss of
third-party warranties, including manufacturer's warranties.
Van Den Akker Bureaus is not liable for Client's damages as
a result of the loss of any third-party warranty claim.
1. Van Den Akker Bureaus and Client undertake
to keep confidential all confidential information obtained in the
context of an Agreement. Confidentiality arises out of the
Agreement or which can reasonably be expected to be
confidential information.
2.
If Van Den Akker Bureaus is obliged on the basis of a legal
provision or a judicial decision to (co-) provide the confidential
information to by law or competent court or indicated third party, and Van Den Akker Bureaus cannot invoke a
right of concealment, Van Den Akker Bureaus shall not be held to any
damages and the Client shall not be entitled to dissolve the
Agreement.
3. Van Den Akker
Bureaus and Client also impose the obligation of confidentiality on the third parties they engage.
Article
25 - Indemnification and accuracy of information
1. Client is himself responsible for the accuracy,
reliability and completeness of all data, information, documents and/or
records which he provides to Van Den Akker Bureaus in the context of a
Agreement. Even if such data comes from third parties, Client
is responsible for it. If Van Den Akker Bureaus is aware, or
reasonably should have been aware, of any inaccuracies in the order, including
errors or defects in the plans,
drawings, calculations, specifications or execution instructions provided by the Client, Van Den
Akker Bureaus is obliged to warn the Client of this.
2. Client shall indemnify Van Den Akker Bureaus from any
liability pursuant to the failure to fulfill or timely fulfill the
obligations of the preceding paragraph.
3. Client indemnifies Van Den Akker Bureaus for
claims of third parties regarding intellectual property rights on the
data and information provided by Client, which can be used in the performance of
the Agreement.
4. Client is responsible for obtaining
all potentially required (building) permits. Client shall indemnify Van Den
Akker Bureaus for all claims resulting from the lack of
(building) permits.
5. If Client provides electronic files, software or
information carriers to Van Den Akker Bureaus, Client guarantees
that they are free of viruses and defects.
6. Client also indemnifies Van Den Akker Bureaus from
all damages, fines, (order under) penalty, claims and other
governmental measures.
Article
26 - Intellectual property rights
1.
All IP rights and copyrights of Van Den Akker
Bureaus (including but not limited to all drawings, designs, models,
developed or made available pursuant to the Agreement and more) are vested exclusively in Van Den Akker Bureaus
and are not transferred to Client.
2. Client only acquires the rights of use and
powers that it has expressly acquired by the Agreement.
3. The Client is prohibited from using the
intellectual property rights of Van Den Akker Bureaus in any other way
than as agreed in the Agreement.
4. Client gives permission to Van Den Akker Bureaus
to take photos of the delivered, and/or to post the
photos of the delivered taken by Client on its website and/or social media
channels for advertising and promotional purposes.
1. If Client is dissatisfied with the service or
products of Van Den Akker Bureaus or otherwise has complaints about the
execution of his assignment, Client is obliged to report these complaints as
soon as possible, but at the latest within 2 weeks after the relevant reason
that led to the complaint. Complaints can be reported via
[email protected] with the subject "complaint", or via the given
telephone number.
2. The complaint must be sufficiently substantiated and/or
explained by Client in order for Van Den Akker Bureaus to
handle the complaint.
3. Van Den Akker Bureaus will respond substantively to
the complaint as soon as possible, but
no later than 5 business days after receipt of the complaint.
4. The parties will attempt to jointly reach a solution
.
1. The legal relationship between Van Den Akker Bureaus and
Client is governed by Dutch law. The applicability of the
Vienna Sales Convention (CISG) is expressly excluded.
2. Van Den Akker Bureaus may unilaterally amend these general terms and conditions
. The most current version can be found on the website.
3. All disputes arising out of or as a result of the
Agreement between Van Den Akker Bureaus and Client shall be settled
by the competent court of the District Court of East Brabant, location
's-Hertogenbosch unless provisions of mandatory law lead to the jurisdiction
of another court.
Heesch, April 12, 2022.