Article 1 - Definitions

1. Caspar's, located in The Hague, Chamber of Commerce number 82083576, is referred to as the seller in these general terms and conditions.
2. The counterparty of the seller is referred to as the buyer in these general terms and conditions.
3. Parties collectively refer to the seller and the buyer.
4. The agreement refers to the purchase agreement between the parties. 

Article 2 - Applicability of General Terms and Conditions

1. These terms and conditions apply to all offers, quotations, agreements, and deliveries of services or goods by or on behalf of the seller.
2. Deviation from these conditions is only possible if explicitly and in writing agreed upon by the parties.

Article 3 - Payment

1. The full purchase price is always paid immediately in the webshop. In some cases, a deposit may be expected for reservations. In that case, the buyer will receive proof of the reservation and the advance payment.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
3. If the buyer remains in default, the seller will proceed with collection. The costs related to this collection will be borne by the buyer. These collection costs will be calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.
4. In the event of liquidation, bankruptcy, seizure, or suspension of payment of the buyer, the seller's claims against the buyer are immediately due and payable.
5. If the buyer refuses to cooperate in the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

Article 4 - Offers, Quotations, and Price

1. Offers are non-binding, unless a period for acceptance is stated in the offer. If the offer is not accepted within that period, the offer will lapse.
2. Delivery times in quotations are indicative and do not entitle the buyer to dissolve the agreement or claim damages if exceeded, unless the parties have explicitly and in writing agreed otherwise.
3. Offers and quotations do not automatically apply to subsequent orders. Parties must expressly and in writing agree on this.
4. The price stated in offers, quotations, and invoices includes the purchase price including the applicable VAT and any other government levies.

Article 5 - Right of Withdrawal

1. The consumer has the right to terminate the agreement without giving any reason within 30 days after receiving the order. The period starts running from the moment the entire order is received by the consumer.
2. The consumer can use a withdrawal form from the seller. The seller is obliged to provide this to the buyer immediately upon request.
3. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and, if reasonably possible, in the original shipping packaging to the seller, following the reasonable and clear instructions provided by the seller.

Article 6 - Amendment of the Agreement

1. If it becomes apparent during the execution of the agreement that it is necessary to change or supplement the work to be performed for proper execution of the assignment, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the completion time of the execution may be affected. The seller will inform the buyer of this as soon as possible.
3. If the change or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer about this in writing in advance.
4. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or addition to the agreement will result in exceeding this price.
5. Contrary to the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to him.

Article 7 - Delivery and Transfer of Risk

1. Once the purchased item has been received by the buyer, the risk passes from the seller to the buyer.

Article 8 - Inspection and Complaints

1. The buyer is obliged to (have) examine(d) the delivered goods at the time of (delivery), but in any case within as short a period as possible. The buyer must examine whether the quality and quantity of the delivered goods correspond to what has been agreed between the parties, or at least meet the requirements that apply in normal (commercial) transactions.
2. Complaints regarding damage, shortages, or loss of delivered goods must be submitted to the seller in writing by the buyer within 60 working days of the day of delivery of the goods. 
3. If the complaint is upheld within the stipulated period, the seller has the right to either repair, redeliver, or cancel the delivery and send the buyer a credit note for that part of the purchase price.
4. Minor and/or customary deviations and differences in quality, quantity, size, or finish cannot be attributed to the seller.
5. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement.
6. No complaints will be accepted after the goods have been processed by the buyer.

Article 9 - Samples and Models

1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided as an indication only, without the item to be delivered being required to correspond to it. This is different if parties have explicitly agreed in writing that the delivered item will correspond to it.

Article 10 - Force Majeure

1. If the seller cannot, timely or properly, fulfill his obligations under the agreement due to force majeure, he is not liable for damages suffered by the buyer.  
2. Force majeure is understood by the parties to mean any circumstance that the seller could not reasonably have taken into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be expected from the buyer, such as illness, war or the threat of war, civil war and riots, sabotage, terrorism, power failure, flooding, earthquake, fire, occupation of the company, strikes, lockouts, altered government measures, transport difficulties, and other disruptions in the seller's company.
3. Furthermore, parties understand force majeure to mean the circumstance that supply companies on which the seller depends for the execution of the agreement do not fulfill their contractual obligations towards the seller, unless this can be attributed to the seller.  
4. If a situation as described above arises as a result of which the seller cannot fulfill his obligations towards the buyer, those obligations will be suspended until the seller can fulfill his obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to terminate the agreement in writing, either in full or in part.
5. Ingeval de overmacht langer dan drie maanden voortduurt, heeft koper het recht de overeenkomst met onmiddellijke ingang te ontbinden. Ontbinding kan alleen via een aangetekende brief.

Article 11 - Transfer of Rights

1. Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision shall apply as a stipulation with proprietary effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Article 12 - Retention of Title and Right of Retention

1. The goods present at the seller and the delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can invoke his retention of title and take back the goods.
2. If the agreed amounts to be paid in advance are not or not on time paid, the seller has the right to suspend the work until the agreed part has been paid. This constitutes default on the part of the debtor. A delayed delivery cannot be attributed to the seller in that case.
3. The seller is not authorized to pledge the goods falling under his retention of title or to encumber them in any other way without his prior written consent.
4. The seller undertakes to insure and keep insured the goods delivered under retention of title to the buyer against fire, explosion, and water damage, as well as theft, and to provide the policy for inspection at the first request.
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The item will not be delivered until the buyer has paid in full and in accordance with the agreement.
6. In the event of liquidation, insolvency, or suspension of payment by the buyer, the buyer's obligations are immediately due and payable.

Article 13 - Liability

1. Any liability for damage arising from or related to the execution of an agreement is always limited to the amount paid out under the relevant liability insurance(s) in the specific case. This amount will be increased by the amount of the deductible according to the relevant policy.
2. The liability of the seller for damage resulting from intent or deliberate recklessness of the seller or his supervisory subordinates is not excluded.

Article 14 - Complaint Obligation

1. 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 to it.  
2. If a complaint is justified, the seller is obliged to repair the item and, if necessary, replace it.

Article 15 - Guarantees

1. If guarantees are included in the agreement, the following applies. The seller guarantees that the item sold complies 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 warranty applies for a period of two calendar years after receipt of the item by the buyer.
2. The intended purpose of this warranty is to establish such a risk distribution between the seller and the buyer that the consequences of a breach of a warranty are always fully at the expense and risk of the seller and that the seller can never rely on Article 6:75 of the Dutch Civil Code for a breach of a warranty. The foregoing sentence also applies if the breach was known or could have been known to the buyer through research.
3. The aforementioned warranty does not apply when the defect has arisen as a result of improper or improper use or when changes have been made or attempted without permission by the buyer or third parties, or when the item has been used for purposes for which it is not intended.
4. If the warranty provided by the seller relates to an item produced by a third party, the terms and conditions of that third party's warranty shall apply.
   
   

Article 16 - Intellectual Property

1. Caspar's retains all intellectual property rights (including copyright, patent rights, trademark rights, design and model rights, etc.) to all products, designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, mock-ups, etc., unless parties have agreed otherwise in writing.

2. The customer may not copy, display to third parties, make available, or otherwise use the aforementioned intellectual property rights without the prior written consent of Caspar's.

 

Article 17 - Amendment of General Terms and Conditions

1. Caspar's is authorized to amend or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. Substantial changes will be discussed by Caspar's with the customer as much as possible beforehand.

4. Consumers have the right to terminate the agreement in the event of a significant change to the general terms and conditions.

Article 18 - Applicable Law and Competent Court

1. Dutch law exclusively applies to every agreement between the parties.

2. The Dutch court in the district where Caspar's is established has exclusive jurisdiction to hear any disputes between the parties, unless the law mandatorily prescribes otherwise.

3. The applicability of the Vienna Sales Convention is excluded.

4. In case one or more provisions of these general terms and conditions are considered unreasonably burdensome in a legal procedure, the remaining provisions remain in force without prejudice.

 

Article 19 - Attribution

1. These general terms and conditions were created with the assistance of Rocket Lawyer.

These general terms and conditions are applicable as of: July 01, 2022