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General Terms and Conditions The Fire LAB. B.V.
The private company Het Vuur LAB. B.V. (hereinafter: Het Vuur LAB.) is registered with the Chamber of Commerce under number 84187719 and has its registered office at Zijperweg 26 (1742NE) in Schagen.
Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
1. In these general terms and conditions, the following terms are used in the following meanings unless expressly stated otherwise:
2. Offer: Any written offer to the Buyer to supply Products by the Seller to which these terms and conditions are inseparably linked.
3. Company: The natural or legal person acting in the exercise of a profession or business.
4. Consumer: The natural person not acting in the exercise of a profession or business.
5. Buyer: The Company or Consumer entering into an Agreement (at a distance) with the Seller.
6. Agreement: The sales contract (at a distance) for the sale and delivery of Products purchased by the Buyer from The Fire LAB.
7. Products: The Products offered by The Fire LAB are outdoor cooking stoves, barbecues, grills, witches' kettles, baths and accessories.
8. Seller: The provider of Products to the Buyer, hereinafter referred to as The Fire LAB.
Article 2 - Applicability
1. These general terms and conditions apply to any Offer by The Fire LAB and any Agreement between The Fire LAB and a Buyer and to any Product offered by The Fire LAB.
2. Before an Agreement (at a distance) is concluded, the Buyer is provided with these general conditions. If this is not reasonably possible, The Fire LAB will indicate to the Buyer how the Buyer can inspect the general conditions, which are in any case published on The Fire LAB's website, so that the Buyer can easily save these general conditions on a durable data carrier.
3. In exceptional situations, it is possible to deviate from these general conditions if this is explicitly agreed in writing with The Fire LAB.
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are expressly rejected.
5. If one or more provisions of these general terms and conditions are partially or wholly void or annulled, the remaining provisions of these general terms and conditions shall remain in force and the void/annulled provision(s) shall be replaced by a provision with the same purport as the original provision.
6. Uncertainties about the content, interpretation or situations not regulated in these general terms and conditions shall 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/him/him, this should also be construed as a reference to he/she/him, if and to the extent applicable.
Article 3 - The Offer
1. All Offers made by The Fire LAB are non-binding, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this is expressly stated in the Offer. An Offer does not exist until it is made in writing.
2. The Offer made by The Fire LAB is without obligation. The Fire LAB is only bound to the Offer if the Buyer's acceptance thereof is confirmed in writing within 30 days, or if the Buyer has already paid the amount owed. Nevertheless, The Fire LAB has the right to refuse an Agreement with a potential Buyer for good reason for The Fire LAB.
3. The Offer contains an accurate description of the Product offered with corresponding prices. The description is detailed enough to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Het Vuur LAB. Any illustrations and specific data in the Offer are merely indicative and cannot constitute grounds for any compensation or dissolution of the Agreement (at a distance). Het Vuur LAB cannot guarantee that the colours in the image correspond exactly to the real colours of the Product.
4. Delivery times and Deadlines mentioned in The Fire LAB's Offer are indicative and, if they are exceeded, do not entitle the Buyer to rescission or damages, unless expressly agreed otherwise.
5. A composite quotation does not oblige The Fire LAB to deliver part of the goods included in the offer or Offer at part of the quoted price.
6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the 'made-to-order' principle.
Article 4 - Conclusion of the Agreement
1. The Agreement comes into effect when the Buyer has accepted an Offer from The Fire LAB by paying for the Product in question.
2. An Offer can be made by The Fire LAB via the website.
3. If the Buyer has accepted the Offer by entering into an Agreement with The Fire LAB, The Fire LAB will confirm the Agreement with the Buyer in writing, at least by e-mail.
4. If the acceptance deviates (on minor points) from the Offer, The Fire LAB is not bound by it.
5. The Fire LAB is not bound by an Offer if the Buyer could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or slip of the pen.
6. The right of withdrawal is excluded for the Buyer being a Business. The Buyer being a Consumer is entitled to assert its right of withdrawal within the statutory period. If revocation is applicable, the Buyer shall handle the Product and its packaging with care. It shall only unpack or use the Product to 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 Buyer.
7. Products that cannot be returned due to (hygienic reasons, customisation, etc.) are excluded from the right of withdrawal. This is explicitly stated in the offer.
Article 5 - Execution of the Agreement
1. The Fire LAB shall perform the Agreement to the best of its knowledge and ability.
2. If and to the extent that the proper performance of the Agreement so requires, The Fire LAB is entitled to have certain work carried out by third parties at its discretion.
3. The Buyer ensures that all information, which The Fire LAB indicates is necessary or which the Buyer should reasonably understand is necessary for the execution of the Agreement, is provided to The Fire LAB in good time. If the information necessary for the execution of the Agreement is not provided to Het Vuur LAB in good time, Het Vuur LAB has the right to suspend the execution of the Agreement.
4. In performing the Agreement, Het Vuur LAB is not obliged or bound to follow the Buyer's instructions if this changes the content or scope of the Agreement. If the instructions result in additional work for The Fire LAB, the Buyer is obliged to pay the additional or additional costs accordingly.
5. The Fire LAB may require security from the Buyer or full payment in advance before proceeding to execute the Agreement.
6. The Fire LAB is not liable for damage, of whatever nature, that has arisen because The Fire LAB has relied on incorrect and/or incomplete information provided by the Buyer, unless such inaccuracy or incompleteness was known to The Fire LAB.
7. The Buyer indemnifies The Fire LAB against any claims by third parties who suffer damage in connection with the performance of the Agreement that is attributable to the Buyer.
Article 6 - Delivery
1. If the commencement, progress or (completion) delivery of the Agreement is delayed because, for example, the Buyer has not supplied all the requested information or has not supplied it on time, does not cooperate sufficiently, the (down payment) has not been received on time by The Fire LAB or there is any delay due to other circumstances beyond the control of The Fire LAB, The Fire LAB is entitled to a reasonable extension of the (completion) delivery period. All agreed (delivery) periods are never deadlines. The Buyer should give The Fire LAB written notice of default and allow it a reasonable period in which to deliver. The Buyer is not entitled to any damages as a result of the delay.
2. The Buyer shall be obliged to take delivery of the goods at the time they are made available to it under the Agreement, even if they are offered to it earlier or later than agreed.
3. If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, The Fire LAB is entitled to store the goods at the Buyer's expense and risk.
4. If the Products are delivered by The Fire LAB or an external carrier, The Fire LAB is entitled, unless otherwise agreed in writing, to charge for any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
5. If Het Vuur LAB requires information from the Buyer in the context of the performance of the Agreement, the delivery period does not commence until the Buyer has made all the information necessary for the performance available to Het Vuur LAB.
6. If The Fire LAB has specified a delivery period, it is indicative. For delivery outside the Netherlands, longer delivery times apply.
7. Het Vuur LAB is entitled to deliver the goods in parts, unless this is deviated from in the Agreement or the partial delivery has no independent value. Het Vuur LAB is entitled to invoice the thus delivered goods separately.
8. Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. The Fire LAB reserves the right to refuse delivery if there are well-founded fears of non-payment.
Article 7 - Packaging and transport
1. Het Vuur LAB undertakes to the Purchaser to pack the goods to be delivered properly and to secure them in such a way that, in normal use, they reach their destination in good condition.
2. Unless otherwise agreed in writing, all deliveries shall be inclusive of turnover tax (VAT), packaging and packaging materials.
3. The acceptance of goods without any remarks on the waybill or receipt shall be proof that the packaging was in good condition at the time of delivery.
Article 8 - Examination, complaints
1. The Buyer shall be obliged to inspect the delivered Products or have them inspected at the time of delivery or transfer, but in any case within 14 days of receiving the delivered Products, and only to unpack or use the Products to the extent necessary to assess whether it retains the Product. In doing so, the Buyer shall examine whether the quality and quantity of the delivered Product corresponds to the Agreement and whether the Products meet the requirements applicable to them in normal (commercial) dealings.
2. The Buyer is obliged to examine and inform himself in what manner the Product should be used and, in the event of personal use, to test the Product in accordance with the instructions for use. The Fire LAB accepts no liability for the Buyer's incorrect use of the Product.
3. Any visible defects or shortages should be reported in writing to The Fire LAB after delivery at firstname.lastname@example.org. The buyer has a period of 14 days after delivery to do so. Non-visible defects or shortages must be reported within 14 days of discovery, but no later than 6 months after delivery. If the Product is damaged through careless handling by the Buyer, the Buyer is liable for any loss in value of the Product.
4. If, pursuant to the previous paragraph, a timely complaint is made, the Purchaser remains obliged to pay for the purchased goods. If the Purchaser wishes to return defective goods, this is only done with the prior written consent of Het Vuur LAB in the manner indicated by Het Vuur LAB.
5. If the Buyer being a Consumer exercises his right of withdrawal, he will return the Product and all accessories, as far as reasonably possible, in their original condition and packaging to The Fire LAB, in accordance with The Fire LAB's return instructions. The direct costs of return shipments are at the expense and risk of the Purchaser.
6. The Fire LAB is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made.
7. Refunds to Buyer shall be processed as soon as possible, but may take up to 14 days after receipt of Buyer's declaration of dissolution. Refunds will be made to the account number previously provided.
8. If the Buyer exercises its right of complaint, the Buyer being a Business shall not be entitled 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 The Fire LAB, The Fire LAB will, after a request to that effect from the Purchaser, either send the missing Product(s) or cancel the remaining order. The receipt of the Products is leading in this respect. Any damage suffered by the Buyer as a result of the (different) scope of delivery cannot be recovered from Het Vuur LAB.
Article 9 - Prices
1. During the validity period of the Offer, the prices of the Products offered shall not be increased, except in the case of changes in VAT rates.
2. The prices stated in the Offer are inclusive of VAT, unless expressly stated otherwise.
3. The prices mentioned in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. In the case of Products or raw materials for which there are price fluctuations in the financial market and over which The Fire LAB has no control, The Fire LAB may offer these Products with variable prices. The Offer states that the prices are target prices and may fluctuate.
Article 10 - Payment and collection policy
1. Payment should preferably be made in advance in the currency in which it was invoiced by the method indicated.
2. The Buyer cannot derive any rights or expectations from an estimate issued in advance, unless the parties have expressly agreed otherwise.
3. The Buyer must make payment in a lump sum to the account number and details made known to her by The Fire LAB. The parties can only agree a different term of payment with the express written consent of The Fire LAB.
4. If a periodic payment obligation on the part of the Buyer has been agreed, The Fire LAB is entitled to adjust the applicable prices and rates in writing subject to 3 months' notice.
5. In the event of the Buyer's liquidation, bankruptcy, attachment or suspension of payments, The Fire LAB's claims against the Buyer are immediately due and payable.
6. The Fire LAB is entitled to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest that has fallen due and finally to reduce the principal sum and the current interest. The Fire LAB may, without thereby being in default, refuse an offer of payment if the Buyer indicates a different order of allocation. Het Vuur LAB can refuse full repayment of the principal sum if this does not include payment of the accrued and current interest as well as the costs.
7. If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the stipulated payment period of 14 days, the Buyer being a Business shall be in default. The Buyer being a Consumer shall first receive a written reminder with a period of 14 days after the date of the reminder to still fulfil the payment obligation with an indication of the extrajudicial costs if the Consumer does not fulfil its obligations within that period, before it is in default.
8. From the date that the Purchaser is in default, Het Vuur LAB 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 be calculated in accordance with the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
9. If The Fire LAB has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. Judicial and execution costs incurred are also payable by the Buyer.
Article 11 - Retention of title
1. All items delivered by The Fire LAB, remain the property of The Fire LAB until the Buyer has complied with all the following obligations under all Contracts concluded with The Fire LAB.
2. The Buyer shall not be authorised to pledge or otherwise encumber the goods subject to retention of title if ownership has not yet been transferred in full.
3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Purchaser is obliged to inform The Fire LAB as soon as may reasonably be expected.
4. In the event that Het Vuur LAB wishes to exercise its property rights referred to in this article, the Purchaser now unconditionally and irrevocably consents to and authorises Het Vuur LAB or third parties to be appointed by it to enter all those places where the property of Het Vuur LAB is located and to repossess those goods.
5. Het Vuur LAB has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet fulfilled (in full) his payment obligations, notwithstanding an obligation on the part of Het Vuur LAB to hand over or deliver. After the Purchaser has still complied with his obligations, The Fire LAB will endeavour to deliver the purchased Products to the Purchaser as soon as possible, but within 20 working days at the latest.
6. Costs and other (consequential) damage resulting from the retention of the purchased Products are at the Buyer's expense and risk and shall be reimbursed to The Fire LAB by the Buyer on demand.
Article 12 - Warranty
Het Vuur LAB warrants that the Products comply with the Agreement, the specifications stated in the offer, usability and/or soundness and the statutory rules/regulations at the time of the conclusion of the Agreement. This also applies if the Products to be delivered are intended for use abroad and the Buyer has expressly notified The Fire LAB of this use in writing at the time of entering into the Agreement.
Article 13 - Suspension and dissolution
1. The Fire LAB is authorised to suspend the fulfilment of its obligations or to dissolve the Agreement if the Buyer does not fulfil or does not fully fulfil its (payment) obligations under the Agreement.
2. Moreover, Het Vuur LAB is authorised to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer fails to fulfil, on time or properly, the obligations incumbent on it under any Agreement entered into with Het Vuur LAB.
3. Furthermore, Het Vuur LAB is authorised to dissolve the Contract (or have it dissolved) without prior notice of default if circumstances arise of such a nature that performance of the Contract is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered maintenance of the Contract can no longer be reasonably expected.
4. If the Agreement is dissolved, Het Vuur LAB's claims on the Buyer are immediately due and payable. If The Fire LAB suspends fulfilment of its obligations, it retains its claims under the law and the Agreement.
5. The Fire LAB always retains the right to claim damages.
Article 14 - Limitation of liability
1. If the performance of the Agreement by Het Vuur LAB leads to liability of Het Vuur LAB to the Buyer or third parties, such liability is limited to the costs charged by Het Vuur LAB in connection with the Agreement unless the damage was caused by intent or gross negligence. In any event, The Fire LAB's liability is limited to the maximum amount of damages paid by the insurance company per occurrence per year.
2. The Fire LAB is not liable for consequential damage, indirect damage, loss of profits and/or losses suffered, missed savings and damage resulting from the use of the Products supplied is excluded. For the Consumer, a limitation applies in accordance with what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.
3. Het Vuur LAB is not liable for and/or obliged to repair damage caused by the use of the Product. Het Vuur LAB provides strict maintenance and usage instructions that must be followed by the Purchaser. All damage to Products as a result of wearing and use is expressly excluded from liability (this includes traces of use, usage damage, fall damage, light and water damage, theft, loss, etc.).
4. The Fire LAB is not liable for any damage that results or may result from any act or omission as a result of (imperfect and/or incorrect) information on the website(s) or from linked websites.
5. The Fire LAB is not responsible for any errors and/or irregularities in the functionality of the Website and is not liable for breakdowns or unavailability of the Website for any reason.
6. The Fire LAB does not guarantee the correct and complete transmission of the content of and e-mail sent by/on behalf of The Fire LAB, nor its timely receipt.
7. All Buyer's claims for shortcomings on the part of The Fire LAB lapse if they are not reported to The Fire LAB in writing, giving reasons, within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer lapse in any event one year after the termination of the Agreement.
Article 15 - Force majeure
1. The Fire LAB is not liable if, as a result of a force majeure situation, it is unable to fulfil its obligations under the Agreement, nor can it be held to fulfil any obligation if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and is not for its account by virtue of the law, legal act or generally accepted practice.
2. Force majeure includes in any case, but is not limited to what is understood in this respect in the law and jurisprudence, (i) force majeure of suppliers to The Fire LAB, (ii) failure to properly fulfil the obligations of suppliers prescribed or recommended to The Fire LAB by the Buyer, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) disruption of internet, data network and telecommunication facilities (e.g. due to: cyber-crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at The Fire LAB's company and (xi) other situations which, in the opinion of The Fire LAB, are beyond its control that temporarily or permanently prevent the performance of its obligations.
3. The Fire LAB is entitled to invoke force majeure if the circumstance preventing (further) performance occurs after The Fire LAB should have fulfilled its commitment.
4. The parties may suspend the obligations under the Agreement during the period of force majeure. If this period lasts longer than two months, each of the parties shall be entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.
5. Insofar as, at the time when the force majeure occurs, Het Vuur LAB has already partially fulfilled its obligations under the Contract or will be able to fulfil them, and the part already fulfilled or to be fulfilled is of independent value, Het Vuur LAB is entitled to invoice the part already fulfilled or to be fulfilled separately. The Buyer is obliged to pay this invoice as if it were a separate Contract.
Article 16 - Transfer of risk
The risk of loss of or damage to the Products that are the subject of the Contract passes to the Buyer being a business when the items leave The Fire LAB's warehouse. For Consumers, the above-mentioned risk passes to the Buyer if the Products are given into the control of the Buyer. This is the case when the Products are delivered to the Buyer's delivery address.
Article 17 - Intellectual property rights
1. All intellectual property rights and copyrights of The Fire LAB belong exclusively to The Fire LAB and are not transferred to the Buyer.
2. The Buyer is prohibited from disclosing and/or reproducing, modifying or making available to third parties all items subject to the intellectual property rights and copyrights of The Fire LAB without the express prior written consent of The Fire LAB. If the Purchaser wishes to make changes to items delivered by The Fire LAB, The Fire LAB must give express consent to the intended changes.
3. The Buyer is prohibited from using the Products subject to the intellectual property rights of The Fire LAB other than as agreed in the Agreement.
Article 18 - Privacy, data processing and security
1. Het Vuur LAB treats the (personal) data of Buyer and visitors to the website(s) with care. If requested, The Fire LAB will inform the person concerned.
2. If the Agreement requires The Fire LAB to provide security of information, such security shall comply with 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 19 - Complaints
1. If the Buyer is not satisfied with The Fire LAB's Products and/or has complaints about the (performance of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but at the latest within 14 calendar days of the relevant occasion that led to the complaint. Complaints can be reported via email@example.com with the subject line "Complaint".
2. The complaint must be sufficiently substantiated and/or explained by the Buyer for The Fire LAB to consider the complaint.
3. The Fire LAB will respond to the complaint in substance as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. The parties will try to reach a solution jointly.
Article 20 - Applicable law
1. Any Agreement between The Fire LAB and the Buyer is governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of any interpretation of the content and scope of these general conditions, the Dutch text thereof shall always prevail. The Fire LAB is entitled to unilaterally amend these general conditions.
3. All disputes arising out of or in connection with the Agreement between Het Vuur LAB and the Purchaser shall be settled by the competent District Court of Noord-Holland, location Alkmaar, unless provisions of mandatory law lead to the jurisdiction of another court.
Burgerbrug, 4 January 2022.