General terms and conditions VG Veranda & Garden
1. VG Veranda & Garden: VG Veranda & Garden, established in Leerdam under the Chamber of Commerce no. 81498845.
2. Customer: the person with whom VG Veranda & Garden has entered into an agreement.
3. Parties: VG Veranda & Garden and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of VG Veranda & Garden.
2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
Offers and quotes
1. Offers and quotations from VG Veranda & Garden are without obligation, unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum of thirty days, unless a different acceptance period is stated in the offer or quotation.
3. If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
4. Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed this in writing.
1. Upon acceptance of a quotation or offer without obligation, VG Veranda & Garden reserves the right to withdraw the quotation or offer within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.
2. Oral acceptance of the customer is only binding for VG Veranda & Garden after the customer has confirmed this in writing (or electronically).
1. All prices that VG Veranda & Garden uses are in euros, these include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or otherwise agreed.
2. All prices that VG Veranda & Garden charges for its products or services on its website or that are otherwise made known can be changed by VG Veranda & Garden at any time.
3. Increases in the cost prices of products or parts thereof, which VG Veranda & Garden could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
5. VG Veranda & Garden can offer services on a ‘no cure no pay’ basis.
6. In the case of no cure no pay, the payment obligation for the customer arises when the agreed result has been achieved.
Payments and payment term
1. VG Veranda & Garden may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
2. The customer must make payments in arrears within 7 days after delivery of the product.
3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount expressly on the last day of the payment term, he is legally in default and in default, without VG Veranda & Garden having to send the customer a reminder or be in default. set.
4. VG Veranda & Garden reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.
5. If you need multiple phases to deliver your products, payment must be made after each phase.
Consequences of not paying on time
1. If the customer does not pay within the agreed term, VG Veranda & Garden is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to VG Veranda & Garden.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, VG Veranda & Garden may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of VG Veranda & Garden on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by VG Veranda & Garden, he is still obliged to pay the agreed price to VG Veranda & Garden.
Right of advertising
1. As soon as the customer is in default, VG Veranda & Garden is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. VG Veranda & Garden invokes the right to complain by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to VG Veranda & Garden, unless the parties agree otherwise.
4. The costs for the return or return of the products will be borne by the customer.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to VG Veranda & Garden against a claim against VG Veranda & Garden.
Retention of title
1. VG Veranda & Garden remains the owner of all delivered products until the customer has fully complied with his payment obligations towards VG Veranda & Garden on the basis of any agreement concluded with VG Veranda & Garden, including claims regarding shortcomings in the compliance.
2. Until that time, VG Veranda & Garden can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise store the products.
4. If VG Veranda & Garden invokes its retention of title, the agreement will be deemed to have been dissolved and VG Veranda & Garden will be entitled to claim compensation, lost profit and interest.
1. Delivery takes place while stocks last.
2. Delivery takes place at VG Veranda & Garden, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or are not paid on time, VG Veranda & Garden has the right to suspend its obligations until the agreed part has been paid.
5. In the event of late payment, there is a default of creditors, with the result that the customer cannot object to VG Veranda & Garden for a late delivery.
1. The delivery times stated by VG Veranda & Garden are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time commences after the customer has confirmed the offer signed by the customer for approval to VG Veranda & Garden by VG Veranda & Garden to the customer in writing or electronically.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless VG Veranda & Garden is unable to deliver within 14 days after being required to do so in writing or if the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time. 5
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping
1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which VG Veranda & Garden cannot be held liable. for any damage.
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to VG Veranda & Garden prior to transport, failing which VG Veranda & Garden cannot be held liable for any damage.
1. The customer undertakes to sufficiently insure the following items and to keep them insured against, among other things, fire, explosion and water damage as well as theft: – delivered goods that are necessary for the execution of the underlying agreement;
– items of VG Veranda & Garden that are present at the customer; and
– goods delivered subject to retention of title.
2. At the first request of VG Veranda & Garden, the customer makes the policy of this insurance available for inspection.
3. Unless the parties have expressly agreed, the customer is obliged to take out CAR insurance at its own expense and the customer cannot claim compensation for any damage that would otherwise be covered by this insurance.
1. If the customer does not accept the ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
Although VG Veranda & Garden makes every effort to carry out all assembly and/or installation work as well as possible, it bears no responsibility for this, except in the case of intent or gross negligence. 6
1. When the parties have entered into an agreement with a service-providing nature, this only contains obligations of effort for VG Veranda & Garden, not obligations of results.
2. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
5. Condensation in the channels cannot be avoided 100% (physical fact). PMMA and polycarbonate are gas and vapor permeable. There is no guarantee on this.
6. A one-year warranty is given on leakage after installation by VG Veranda Garden
7. 5 year manufacturer’s warranty on aluminum material and color fastness.
8. 2 year manufacturer’s warranty on moving and electrical parts of roller shutters, screens and sun blinds.
9. 1 year warranty on construction defects.
10. The first 1 year is covered by the warranty (including labor and call-out costs). After 1 year, the labor and call-out costs will be charged (also during the warranty period).
Performance of the agreement
1. VG Veranda & Garden will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. VG Veranda & Garden has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
4. It is the customer’s responsibility that VG Veranda & Garden can start the execution of the agreement on time.
5. If the customer has not ensured that VG Veranda & Garden can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be for the account of the customer.
Information provided by the customer
1. The customer makes all information, data and documents relevant to the correct execution of the agreement available to VG Veranda & Garden in a timely manner and in the desired form and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
3. If and insofar as the customer requests this, VG Veranda & Garden will return the relevant documents.
4. If the customer does not, does not make time or does not properly provide the information, data or documents reasonably required by VG Veranda & Garden and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer. .
1. VG Veranda & Garden retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. ., unless the parties have agreed otherwise in writing.
2. The customer may not copy, show to third parties and/or make them available or use them in any other way without the prior written consent of VG Veranda & Garden.
1. The customer will keep secret any information he receives (in whatever form) from VG Veranda & Garden.
2. The same applies to all other information concerning VG Veranda & Garden which he knows or can reasonably suspect to be secret or confidential, or which he can expect to be disseminated to VG Veranda & Garden.
3. The customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 secret.
4. The duty of confidentiality described in this article does not apply to information: – Which was already public before the customer learned this information or which has subsequently become public without being the result of a breach of the customer’s duty of confidentiality; and
– Which is made public by the customer on the basis of a legal obligation.
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.
1. If the other party violates the article of these general terms and conditions about confidentiality or about intellectual property, he forfeits an immediately due and payable fine for each violation for the benefit of the trade name: – if the other party is a consumer, this fine is € 1,000.
– if the other party is a legal person, this fine is € 5,000
2. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that that violation continues.
3. No prior notice of default or legal proceedings are required for the forfeiture of this fine. There is also no need for any kind of damage.
4. Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of VG Veranda & Garden, including its right to claim compensation in addition to the fine.
The customer indemnifies VG Veranda & Garden against all claims from third parties related to the products and/or services supplied by VG Veranda & Garden.
1. The customer must inspect a product or service provided by VG Veranda & Garden as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform VG Veranda & Garden of this as soon as possible, but in any case within 24 hours after the discovery of the shortcomings. .
3. Consumers must inform VG Veranda & Garden of this within 2 months after discovery of the shortcomings.
4. The customer provides as detailed a description as possible of the shortcoming, so that VG Veranda & Garden is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to VG Veranda & Garden being obliged to perform other work than has been agreed.
Notice of default
1. The customer must notify VG Veranda & Garden of any notice of default in writing.
2. It is the customer’s responsibility that a notice of default actually reaches VG Veranda & Garden (on time).
Joint and several liability customer
If VG Veranda & Garden enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to VG Veranda & Garden under that agreement.
Liability VG Veranda & Garden
1. VG Veranda & Garden is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
2. If VG Veranda & Garden is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
3. VG Veranda & Garden is never liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the ) invoice amount to which the liability relates.
4. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from VG Veranda & Garden expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
1. The customer has the right to dissolve the agreement if VG Veranda & Garden imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2. If the fulfillment of the obligation by VG Veranda & Garden is not permanently or temporarily impossible, the dissolution can only take place after VG Veranda & Garden is in default.
3. VG Veranda & Garden has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if VG Veranda & Garden has taken note of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of VG Veranda & Garden in the fulfillment of any obligation with regard to the customer cannot be attributed to VG Veranda & Garden at the will of VG Veranda & Garden. independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of VG Veranda & Garden.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which VG Veranda & Garden cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until VG Veranda & Garden can again meet them.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. VG Veranda & Garden does not owe any (damage) compensation in a force majeure situation, not even if the force majeure situation benefits any advantage.
Change of terms and conditions
1. VG Veranda & Garden is entitled to amend or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. VG Veranda & Garden will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of VG Veranda & Garden.
2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
1. Cancellation is not possible for products that have been specially ordered or manufactured for the consumer (size, color, additional options) or have been manufactured according to the consumer’s personal specifications (customization).
2. In the event of cancellation of special products (customization), 50% of the retail price will be charged to the consumer.
3. In the event of cancellation of standard products, 30% of the retail price will be charged to the consumer.
Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. In that case, a provision that is null or voidable will be replaced by a provision that comes closest to what VG Veranda & Garden had in mind when drafting the conditions on that point.
Applicability of law and competent court
1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where VG Veranda & Garden is located/has practice/offices has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
Prepared on : 04 January 2021