These terms and conditions of Nolte Küchen Center were established in Apeldoorn and come into effect on 01-01-08.
They have been filed with the Chamber of Commerce (KvK) under registration number 08160551.
Article 1 – DEFINITIONS
1. In these terms and conditions, the following definitions apply:
the entrepreneur: the seller/contractor of Nolte Küchen Center No. 1 who enters into an agreement with the customer regarding the purchase of a kitchen or bathroom, or parts thereof, as well as sanitary items, outdoor baths, or related products.
the customer: the buyer/client, contracting party, or any person who enters into, wishes to enter into, or is offered an agreement by the entrepreneur for the supply of a kitchen, bathroom, and/or sanitary items, outdoor baths, or related products, or parts thereof.
b1 Business customer: the customer who acts in the course of a profession or business;
b2 Consumer: the customer who does not act in the course of a profession or business;
delivery: the actual presentation of the purchased goods to the customer;
completion: the provision of the agreed goods and/or work in a ready-to-use state, as agreed;
2. The activities referred to in paragraph 1a may relate to kitchens as follows:
installation: the fitting of all supply and drainage pipes and wiring to existing and correctly prepared connection points;
assembly (installation): the putting together and positioning of the kitchen or its components;
connection: the linking of all supply and drainage pipes and wiring to existing and correctly prepared connection points;
other work: demolition and renovation activities, levelling of floors and walls, and the installation of tiles.
3. The activities referred to in paragraph 1a may relate to bathrooms and/or sanitary items as follows:
installation: the fitting of all supply and drainage pipes and wiring, as well as the provision of connection points required for the correct installation of the bathroom and/or sanitary items, including the installation of the items themselves;
other work: demolition and renovation activities, levelling of floors and walls, and the installation of tiles.
Article 2 – VALIDITY
These terms and conditions may be used exclusively by Nolte Küchen Center No. 1.
Article 3 – THE QUOTATION
1. Unless otherwise stated in the quotation, all quotations are valid for 7 days from the date of the quotation; they are based on the information, drawings, and derived measurements provided by the customer, as well as any measurements taken by the entrepreneur. The customer is obliged to inform the entrepreneur (Nolte Küchen Center No. 1) of any facts and/or circumstances that may affect the execution of the agreement, insofar as the customer knew or ought to have known them.
2. The quotation shall explicitly include a full description of the goods to be supplied, the total (purchase) price, and the period within which delivery and/or completion will take place (delivery time).
– In the case of an indicative price, the entrepreneur (Nolte Küchen Center) provides the most accurate estimate possible of the cost of the work; the customer is responsible for determining the exact price.
– Assembly and installation work for kitchens and sanitary items is always carried out by third parties and therefore falls outside the liability of Nolte Küchen Center No. 1.
The quotation specifies the payment terms.
Designs, images, drawings, specifications of dimensions and weights, samples, and models provided by the entrepreneur are as accurate as possible.
3. Unless otherwise stated in the quotation, the following are not included in the quotation:
Electrical, masonry, plastering, plumbing, and painting work; lifting and hoisting; demolition, chiselling, and carpentry; and the levelling and cleaning of floors.
4. The entrepreneur reserves, where applicable, the intellectual property rights to the designs, images, drawings, samples, specimens, and models provided with the quotation. These must be returned immediately upon the entrepreneur’s first request, without prejudice to any other legal measures available to the entrepreneur to safeguard their rights.
5. If the consumer does not accept the offer, the entrepreneur is entitled to charge the costs incurred in preparing the quotation, provided that the consumer was informed in writing, at the time of requesting the quotation or immediately thereafter, of the existence of these costs and acknowledged them. If the entrepreneur exercises this right and the consumer has paid the costs, the drawings attached to the quotation shall transfer to the consumer, without prejudice to the entrepreneur’s intellectual property rights.
Article 4 – THE AGREEMENT
1. The down payment
a. Upon entering into an agreement with the consumer, the entrepreneur is entitled to request a down payment of up to a maximum of 30% of the purchase price.
b. Any entrepreneurs other than those referred to in paragraph 1a are not entitled to request a down payment when entering into an agreement with the consumer.
c. In the case of an agreement with a business customer, a down payment may be requested at any time.
2. Price changes
a. If a price change occurs after the conclusion of the agreement but before completion or delivery, this change shall not affect the agreed price if it occurs within three months of the conclusion of the agreement.
b. Price changes occurring after the above-mentioned period of three months will be passed on to the consumer. In such cases, the customer has the option either to cancel the agreement as referred to in Article 10 or to accept the higher price. Price reductions after the above-mentioned three-month period will be applied at the request of the customer.
c. The provisions of paragraph 2b of this article do not apply to price changes in the context of clearance sales, liquidation sales, showroom models, discounts, promotions, special offers, or similar.
3. Retention of title
The entrepreneur remains the owner of the goods sold to the customer until the customer has paid the full amount owed under the agreement. The customer is obliged to handle the goods with care and is not entitled to transfer them to third parties, pledge them, mortgage them, or remove them from the premises where they were delivered, until the full purchase price, including any interest and costs, has been paid in full.
4. Provision of security for business customers
In the case of an agreement with a business customer, the entrepreneur is entitled, before delivery or before continuing with delivery or the performance of the agreement, to request sufficient security to ensure the customer fulfils their payment obligations.
5. Compensation for business customers
In the performance of an agreement with a business customer, the entrepreneur is never obliged to pay any compensation other than what is expressly provided for in these terms and conditions. In particular, the entrepreneur is not liable for any other direct or indirect damages, including damages to third parties, loss of profit, or similar.
Article 5 – DELIVERY TIME
1. The delivery time is understood to mean the period specified in the agreement within which the performance must be completed. The delivery time is fixed unless an estimated delivery time has been agreed.
2. In the event that the estimated delivery time is exceeded, the entrepreneur shall be granted an additional period to complete the delivery. This additional period is equal to the original estimated delivery time, with a maximum of two months. If the entrepreneur delivers within this additional period, any price increase during this period will not be applied.
3. If this additional period is exceeded, the customer has the right to terminate the agreement without formal notice of default or judicial intervention.
4a. In the event of exceeding the estimated or fixed agreed delivery time, the entrepreneur shall not be liable for consequential damages of any kind in an agreement with a business customer.
b. In an agreement with consumers, the entrepreneur is obliged to compensate for damages that are sufficiently connected to the delay, such that, given the nature of the liability and the type of damage, they can be attributed to the entrepreneur.
5. If delivery on call (notification by the customer that delivery cannot yet take place) is agreed, the period specified in the agreement (fixed or estimated) shall apply from the date of the call. If no period has been agreed, a maximum period of 12 weeks shall apply, starting from the date of the call.
Article 6 – COMPLETION/DELIVERY
1. Unless otherwise agreed, the entrepreneur shall inform the customer in good time prior to completion/delivery that the customer is, under penalty of compensation for direct damages and costs, obliged to ensure that:
the location where the completion/delivery is to take place can be properly secured;
the location where the completion/delivery is to take place is accessible, and, as far as within the customer’s power, everything possible is done to facilitate a smooth completion/delivery;
the floors are free of lime, cement, and dirt residues, free of loose parts, and provided broom-clean;
the floors are level;
the room in which work is to be carried out has electricity, lighting, heating, water, and sufficient ventilation;
the building in which work is to be carried out is weatherproof;
the walls are plumb and corners are square;
the dimensions of the room comply with the measurements indicated in the drawings provided by the customer, insofar as such drawings are used;
installation points, piping, and drainage are present in accordance with the supplier’s drawings;
the sewer connections and any extraction hood drainage are in order;
all other building regulations affecting the installation of the kitchen, bathroom, and/or sanitary items or their components are complied with.
2 a. The entrepreneur shall inform the consumer that they must notify him of any special
circumstances that require the use of a lift, hoist, or crane. In such cases, the agreement shall specify at whose expense and risk these special aids are to be provided.
b In the case of incorrect or incomplete information from the consumer, the costs of using special aids shall be borne by the consumer.
Damage resulting from the use of special aids shall be at the risk and expense of the user, unless the damage cannot be attributed to them.
3. The work shall be carried out during normal working hours, unless otherwise agreed.
Article 7 – STORAGE OF GOODS
1. In the event that goods to be delivered are not accepted upon presentation for delivery, other than due to defective delivery or because the customer refuses to accept the goods, the entrepreneur shall make a second delivery within a reasonable period. After refusal or after the second delivery, the entrepreneur is entitled to charge the customer for storage costs and any further demonstrable damages and expenses.
2. If the second delivery is also not accepted, the entrepreneur may:
demand performance of the agreement and charge storage costs and any further damages and expenses;
or first store the goods for the customer for 30 days, charging storage costs.
If the goods are still not collected by the customer after this period, the entrepreneur is entitled to consider the agreement cancelled, as referred to in Article 10. If the entrepreneur considers the agreement cancelled, the cancellation amount shall be increased by the storage costs for 30 days.
In the event of refusal, whether after the first or second delivery, the entrepreneur may choose to act as provided under a, b, or c.
3 a. If the goods have been paid for by the customer, the entrepreneur shall store the goods for a maximum of three months, charging the customer for storage costs, unless otherwise agreed.
b. If the customer does not collect the goods after this period, the entrepreneur is entitled to freely dispose of the goods, sell them, and transfer the proceeds to the customer, after deducting storage and other costs and a compensation of 30% of the amount the customer would have owed the entrepreneur upon performance of the agreement, unless the entrepreneur can prove that the actual damages are higher, or the customer can reasonably demonstrate that the damages are lower.
Before taking such action, the entrepreneur must notify the customer in writing of their intention to do so.
4. The risk of fire and damage is covered by the entrepreneur through insurance at their own expense.
5. Storage costs shall amount to 1% per month of the purchase value of the stored goods, with a minimum of €35, unless the entrepreneur can prove that their costs are higher, or the customer can reasonably demonstrate that they are lower.
Article 8 – TRANSPORT AND DAMAGE UPON DELIVERY
1. Unless otherwise agreed, the agreement includes the transportation of the purchased goods by the entrepreneur, who bears the risk of damage and loss. If the purchased goods are delivered by a professional carrier, the entrepreneur is obliged to ensure sufficient insurance coverage.
2. If any damage is observed upon delivery of the goods, the customer must note the damage on the delivery receipt. In addition, the customer must report the damage to the entrepreneur within 2 working days of delivery; failing this, the customer is deemed to have received the purchased goods without damage.
If no opportunity exists to inspect the delivered goods at the time of delivery, this must be indicated by the customer on the delivery receipt.
Article 9 – PAYMENT
Purchase and Sale
Every purchase and sale agreement, even if it also includes contracting work, is subject to the general condition: payment in full upon delivery, unless otherwise agreed.
The entrepreneur who delivers goods under an agreement in parts is entitled to demand payment for each partial delivery. For each partial delivery, the customer will receive a partial invoice.
Contracting Work
3 For an agreement involving only contracting work, the general payment terms are: 30% of the agreed sum upon placing the order, and 70% fourteen days before delivery of the goods. The customer will receive a partial invoice for each payment.
Payment for Purchase and Contracting Work
4 Payment of an invoice or partial invoice must be made no later than 8 days after receipt or 14 days after the invoice date, unless otherwise agreed.
5 If the customer does not pay on time, they are legally deemed to be in default without notice of default. Nevertheless, the entrepreneur shall send a payment reminder after the invoice due date, informing the customer of their default and giving them the opportunity to pay within 8 days of receiving the reminder.
6 After the period mentioned in paragraph 5 has passed, the entrepreneur is entitled, without further notice, to collect the amount owed. If the entrepreneur engages third parties for collection, the associated costs, up to a maximum of 15% of the outstanding principal and with a minimum of €35, shall be borne by the customer.
7 If payment has still not been made after the deadline in the payment reminder referred to in paragraph 5, the entrepreneur will charge interest from the expiry of the applicable payment term mentioned in paragraph 4 until the date of receipt of the amount owed. This interest is equal to the statutory interest.
Article 10 – CANCELLATION
1. In the event of cancellation of the agreement by the customer, they are liable to pay compensation of 30% of the amount the customer would have owed under the agreement.
The percentage referred to in the previous sentence shall be 70% if the customer cancels the agreement after being informed that the completion or delivery — or part thereof in the case of a partial delivery — can take place.
2. The percentages mentioned in the previous paragraph are fixed, unless the entrepreneur can prove that their actual damages are higher.
Article 11 – ADDITIONAL COSTS, EXTRA WORK AND/OR REDUCED WORK
Costs incurred because the customer has failed to facilitate the execution or progress of the work shall be charged to the customer as additional costs. Extra work and/or reduced work shall be settled fairly. In general, extra work includes all tasks and deliveries not included in the agreement but requested by the customer.
Reduced work is defined as agreed work that, with the consent of both parties, will not be performed.
Areas that are not to be floored, such as columns and recesses, shall not be deducted. Cutting waste shall not be deducted. Upon the customer’s request, leftover materials shall be left with the customer by the entrepreneur.
Article 12 – IMPOSSIBILITY OF PERFORMANCE AND FORCE MAJEURE
If, during the execution of the contracted work, it becomes apparent that full and proper performance of the agreement is impossible due to circumstances that the entrepreneur did not know and could not reasonably have known at the time of entering into the agreement, both parties have the right to propose modifying the agreement into one that can be properly and fully performed.
If the agreement is not modified as described above, the parties have the right — except in the case of force majeure — to dissolve the agreement. In that case, the customer is obliged to compensate the entrepreneur for costs already incurred in connection with the execution of the work.
If only a part of the agreement cannot be performed for reasons as mentioned in the first paragraph, dissolution shall only apply to the non-executable part of the agreement, unless it would be unreasonable to require this.
In the event of force majeure, the counterparty of the party invoking force majeure has the right to dissolve the agreement.
Article 13 – WARRANTY
The performance of the agreement must possess the qualities and characteristics that the customer may reasonably expect under normal use. This also applies to special use, insofar as it was envisaged by the parties when concluding the agreement. If these expectations are not met, the customer is entitled to repair or replacement.
Additionally, the customer is entitled to warranty for defects unless the entrepreneur can demonstrate that the defects result from use inconsistent with the intended purpose. Unless explicitly stated in the offer and otherwise agreed in writing, the warranty is provided according to the following system:
Up to one year after the invoice date:
The costs of repairs or replacement of kitchen/bathroom furniture, including shipping and call-out costs, are fully borne by the entrepreneur.
From one year to two years after the invoice date:
The costs of repairs or replacement, including shipping and call-out costs, are borne 2/3 by the entrepreneur.
From two years to three years after the invoice date:
The costs of repairs or replacement, including shipping and call-out costs, are borne 1/3 by the entrepreneur.
The right to replacement does not apply if the defect can reasonably be repaired.
This warranty scheme does not affect the customer’s right to dissolve the agreement and/or claim compensation if the legal requirements are met.
The date on which the customer submits a complaint determines the application of the above system.
If the manufacturer of the goods provides a more extensive warranty to the entrepreneur, this warranty also applies to the customer.
Warranty provisions only apply when the delivered goods or performed work are used in accordance with their intended purpose.
Improper handling or insufficient care of the delivered goods voids any claim related to such mishandling or lack of care.
Deviations in the delivered goods regarding colour, wear resistance, texture, and similar, which are technically acceptable according to prevailing norms or trade practices, may limit or exclude the right to warranty and/or compensation.
Article 14 – COMPLAINTS
1. Complaints are understood to mean all grievances concerning the performance of the agreement. Complaints regarding the quality of the delivered goods or materials, or the execution of the work, can only be made valid by the customer through written submission within seven days after receipt of all goods or completion of the work. If submission within this period is reasonably not possible, the seven-day period applies from the moment the defect was or could have been discovered. The complaint must include a description of the grievances and identified defects.
2. The provisions in the previous paragraph do not affect the shorter period referred to in Article 8.
3. If a customer, against the advice of the entrepreneur, wishes to carry out or prevent certain work, and this is documented in writing, any complaint related to this is excluded.
4. Complaints also cannot be made:
if they are due to the floors not being level and the entrepreneur did not install or cause the floors to be installed. The entrepreneur is obliged to notify the customer of any unevenness before commencing the work.
5. The entrepreneur is not liable for any damage, of any kind or under any name, resulting from causes that the entrepreneur did not know and could not reasonably have known, such as:
- extreme changes in humidity — a persistently too high or too low humidity level in the relevant space and surrounding areas.
Article 15 – CALL-OUT COSTS
The entrepreneur is entitled to charge call-out costs, provided this was agreed upon when the agreement was concluded.
Article 16 – DUTCH LAW
All agreements to which these terms and conditions apply are governed by Dutch law.