General Conditions

General Conditions

Article 1. Applicability

1.1 These General Terms and Conditions apply to all offers, orders and agreements of North Sea Design, Chamber of Commerce 24480002.
1.2 Accepting an offer or placing an order means that you accept the applicability of these Conditions.
1.3 It is only possible to deviate from the provisions of these Conditions in writing, in which case the other provisions remain in full force.
1.4 All rights and claims, as stipulated in these Conditions and in any further agreements on behalf of North Sea Design,
are also stipulated for the benefit of intermediaries and other third parties engaged by North Sea Design.

Article 2. Offers / agreements

2.1 All offers from North Sea Design are without obligation and North Sea Design expressly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations.
See also article 3.6.
2.2 An agreement is only concluded after acceptance of your order by North Sea Design. North Sea Design is entitled to refuse orders or to attach certain conditions to the delivery,
unless explicitly stated otherwise. If an order is not accepted, North Sea Design will communicate this within ten (10) working days after receipt of the order.

Article 3. Prices and payments

3.1 The prices stated for the products and services offered are in Euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless stated otherwise or agreed in writing.
The vintage (second-hand) items are margin items (so no VAT items). For margin items, no VAT is stated on the invoice. VAT is therefore not deductible.
3.2. Payment can be made by prepayment or on receipt (cash on delivery). When paying by bank or giro, the date of payment is the date of crediting the giro or bank account of North Sea Design.
3.3 If the payment term is exceeded, you will be in default from the day that payment should have been made and you will owe default interest of 1% per month or part of a month from that day.
on the outstanding amount. If payment is made after a reminder by North Sea Design, you owe an amount of twenty-five euros (€ 25.00) in administration costs and if North Sea Design outsources its claim for collection,
you also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to North Sea Design's authority to instead claim the extrajudicial collection costs actually incurred.
3.5 If you are in default of any payment, North Sea Design is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements.
3.6 If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement.
within ten (10) days after notification of the price increase by North Sea Design.

Article 4. Delivery

4.1 The delivery times stated by North Sea Design are only indicative. Exceeding any delivery period does not entitle you to compensation or the right to cancel your order or to dissolve the agreement,
unless the delivery period is exceeded to such an extent that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as necessary.
4.2 The delivery of the products takes place at the place and time when the products are ready for shipment to you.
4.3 North Sea Design is not liable for damage caused by third parties.
4.4 We pack our items very well before dispatch. However, should damage occur during shipment, we are not liable for this. We do not ship orders to a PO Box.
4.5 Only orders with a clear name and telephone number will be processed.

Article 5. Retention of title

5.1 The ownership of the delivered products will only be transferred if you have paid all that you owe North Sea Design under any agreement. The risk with regard to the products is already transferred to you at the time of delivery.

Article 6. Intellectual and industrial property rights

6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by company name.
6.2 company name does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and / or industrial property right of third parties.

Article 7. Complaints and liability

7.1 You have the obligation to check whether the products meet the agreement upon delivery. If this is not the case, you must notify North Sea Design of this as soon as possible and in any case within seven (7) working days after delivery,
at least after observation was reasonably possible, to give notice in writing / email and with reasons.
7.2 If it has been demonstrated that the products do not comply with the agreement, North Sea Design has the choice to replace the products concerned by returning them with new products or to refund the invoice value thereof.
7.3 If you do not wish to purchase a product for whatever reason, you as a private individual have the right to return the product to North Sea Design within seven (7) working days after delivery.
In this case, returns will only be accepted if the item is in the same condition as when the product was sold, whereby the costs for return shipments are also for your account.
7.4 The right of withdrawal is not applicable to products that are custom made to measure according to the specification ordered by you, and that you purchase via this website. The sale is therefore final after successful payment.

Article 8. Guarantee

8.1 If North Sea Design delivers products to the customer, North Sea Design is never obliged to a more extensive guarantee vis-à-vis the customer than that which North Sea Design can claim vis-à-vis its supplier.
Warranty period will always be clearly indicated on the invoice.
Complaints due to visible defects must be submitted in writing by the client in accordance with the contract terms and conditions, but no later than 14 (fourteen) days after receipt of the goods. A term of 30 (thirty) days applies to Consumers.
Complaints received by North Sea Design after the expiry of this term need not be handled by North Sea Design.

Article 9. Orders / communication

9.1 For misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the Internet or any other means of communication in the traffic between you and North Sea Design, or between North Sea Design and third parties,
Insofar as it relates to the relationship between you and North Sea Design, North Sea Design is not liable, unless and insofar as there is intent or gross negligence on the part of North Sea Design.

Article 10. Force majeure

10.1 Without prejudice to its other rights, North Sea Design has the right, in case of force majeure, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, at its own discretion,
This by notifying you in writing and without North Sea Design being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
10.2 Force majeure is understood to mean any shortcoming that cannot be attributed to North Sea Design, because it is not attributable to its fault and cannot be attributed to it by law, legal act or generally accepted beliefs.

Article 11. Miscellaneous

11.1 If you provide North Sea Design with an address in writing, North Sea Design is entitled to send all orders to that address, unless you notify North Sea Design in writing of another address to which your orders should be sent.
11.2 If North Sea Design permits deviations from these Conditions, tacitly or otherwise, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these Conditions.
You can never assert any right based on the fact that North Sea Design applies these Conditions flexibly.
11.3 If 1 or more of the provisions of these Terms and Conditions or any other agreement with North Sea Design should be in conflict with any applicable legal provision, the relevant provision will lapse and be replaced.
by a new legally permissible comparable provision to be determined by North Sea Design.
11.4 North Sea Design is authorized to make use of third parties in the execution of your order (s).
11.5 We sell our lamps excluding light source unless stated otherwise.
11.6 Electronic devices are sold without batteries unless otherwise stated.
11.7 For vintage (second-hand) items, we only sell original vintage items, so no counterfeit items. Considering the age of these items, there may be traces of use.
11.8 We sell our vintage lamps in their original condition, so usually also with the original wiring that does not always comply with current rules. We recommend that you consult a licensed electrician before use.
11.9 We are not responsible for consequential damage due to misuse or a defect that we cannot foresee.
11.10 Photos from our website may not be used without permission.
11.11 Subject to typing errors and errors in the calculation of the shipping costs.

Article 12. Applicable law and competent court

12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, including these Conditions, are exclusively governed by Dutch law.
12.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.