GENERAL TERMS AND CONDITIONS FOR IN-STORE PURCHASES

These terms apply to all purchases you make from us in our traditional “brick-and-mortar” store. These terms therefore do not apply to “distance” purchases in our online store.

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:
Seller: de Beste B.V., trading under the name “Keukenwarenhuis”, established in Woubrugge, registered with the Chamber of Commerce and Industry for Rijnland.
Customer: The buyer/client with whom the Seller enters into or intends to enter into an agreement, or to whom the Seller makes an offer or for whom the Seller performs a delivery or service.
Kitchen: The components of the kitchen to be supplied by the Seller, as specified on the order form signed by the Customer.
Delivery: The actual tender of the purchased goods to the Customer.
Completion/Handover: Making the agreed goods and/or works available ready for use as agreed.
Ancillary materials: Materials required for the installation and assembly of the items supplied by the Seller which, at the time the agreement is concluded, cannot be specified in scope or cost.
Additional work: All work carried out by the Seller at the Customer’s request which cannot reasonably be considered part of the installation and assembly of the items supplied by the Seller, as well as items not assigned to the Seller according to the order form signed by the Customer.

Article 2 – Validity

These terms apply to every quotation and to all agreements between the Seller and the Customer to which the Seller has declared these terms applicable, insofar as the parties have not expressly deviated from these terms.

Article 3 – The quotation

Unless otherwise stated in the quotation, all quotations are valid for 18 days from the date of the quotation; they are based on the data, drawings and derived measurements provided by the Customer and on any measurements taken by the Seller. The Customer must promptly inform the Seller of any facts and/or circumstances that (may) lead to changes in the data, drawings and derived measurements provided and/or measurements taken by the Seller that affect the performance of the agreement.
Unless expressly stated otherwise in the quotation, the costs of ancillary materials are not included in the purchase price.
Where applicable, the Seller reserves the intellectual property rights to the designs, images, drawings, samples, swatches and models provided with the quotation. These must be returned to the Seller immediately upon first request, without prejudice to any other legal measures available to the Seller to safeguard its rights.
If the Customer does not accept the quotation and/or no agreement is concluded on its basis, the Customer shall reimburse the Seller for the costs of issuing the quotation, provided the Seller has informed the Customer of this in writing at or immediately after the request for a quotation.

Article 4 – The agreement

Down payment.(we do not require a down payment!)

Price changes.
If, after the agreement has been concluded but before the delivery of the purchased goods, a price change occurs, that change will not affect the agreed price if it occurs within three months after conclusion of the agreement.
If a price increase occurs more than three months after the agreement is concluded, the Seller is entitled to pass the increase on to the Customer. In that case, regardless of the percentage of the increase, the Customer is entitled—within fourteen days after written notice by the Seller of the price increase—to terminate the agreement with the Seller by registered letter with confirmation of receipt, without any right to compensation.

Retention of title.
The Seller remains the owner of the goods sold to the Customer as long as the Customer has not paid the total amount due under the agreement. The Customer must handle the goods with due care and is not permitted to transfer them to third parties, pledge them, loan them, or remove or cause them to be removed from the location where they were delivered until the full purchase price and any interest and costs have been paid in full.

Security for business customers.
For agreements with business customers, the Seller is at all times—and without stating reasons—entitled, before delivering or continuing delivery/performance, to demand sufficient security for the Customer’s payment obligations.

Article 5 – Delivery time

Delivery time means the period stated in the agreement within which performance must be completed. Any agreed or stated delivery time is deemed to be approximate and is not of the essence, unless expressly agreed otherwise.
“Delivery on call-off” means delivery of the items described on the order form within 12 weeks after the Customer has called off the order in writing at the Seller’s sales location.
If delivery does not take place, or not in time, the Customer must notify the Seller by registered letter with confirmation of receipt. In the event of an overrun of the estimated delivery time, the Seller shall be granted an additional period to deliver equal to the original estimated delivery time, with a maximum of two months. For any price increases occurring during this additional delivery period, Article 4(2)(b) does not apply.
If the additional period is exceeded, the non-business Customer has the right to terminate the agreement by registered letter with confirmation of receipt and/or to claim damages. Without prejudice to Article 15, the Seller is then only obliged to compensate such damage as is sufficiently connected with the delay that it can be attributed to the Seller, considering the nature of the liability and the damage.
The Seller may deliver the sold items in instalments, unless a partial delivery has no independent value.

Article 6 – Delivery / Handover

Unless agreed otherwise, the Seller shall timely inform the Customer prior to delivery that the Customer—failing which the Customer is liable for direct damages and costs—must ensure that:
• The place of delivery can be properly secured/closed.
• The place of delivery is accessible and, insofar as within the Customer’s power, everything possible is done to enable smooth delivery.
• Floors are free of lime, cement and dirt residues, free of loose parts, and available broom-clean.
• Floors are level.
• Electricity, lighting, heating, water and sufficient ventilation are available in the work area.
• The building is weather-tight (windows installed).
• Walls are plumb and corners are square.
• The room dimensions correspond to those stated on the drawings provided by the Customer, insofar as these drawings are used.
• Installation points, pipes and drains are present in accordance with the supplier’s drawing.
• The sewer outlet and any ducting for the cooker hood are in order.
• All construction requirements that may affect placement of the kitchen or sanitary ware (or parts thereof) have been met.

1. The Customer must inform the Seller of special circumstances requiring the use of a lift, hoist or crane. In such cases, the agreement will specify for whose account and risk these special tools are.
   b. If the Customer provides incorrect or incomplete information, the costs of special tools are for the Customer’s account. Any damage arising from the use of such tools in that case is at the Customer’s risk and expense.

2. Work will be carried out during normal working hours, unless expressly agreed otherwise in writing.

Article 7 – Storage of goods

1. If the goods to be delivered are not accepted after being offered for delivery, other than due to defective delivery or because the Customer refuses to accept them, the Seller is entitled to charge storage costs and any further damage and costs to the Customer.

2. If delivery is not accepted, the Seller will:
   a. Demand performance of the agreement and charge storage costs and any further damage and costs; or
   b. First store the goods for the Customer for 30 days, charging storage costs;
   c. If the goods are still not taken by the Customer thereafter, the Seller is entitled to treat the agreement as cancelled as referred to in Article 10. In that case, the cancellation amount will be increased by the storage costs for the 30 days.

3. If the goods have been paid for by the Customer, the Seller will store the goods for a maximum of three months, charging storage costs to the Customer unless otherwise agreed.
   b. If after this period the Customer still does not take delivery, the Seller may freely dispose of the goods, sell them, and remit the proceeds to the Customer after deducting storage and other costs and a compensation of 30% of what the Customer would have owed the Seller upon performance, unless the Seller proves higher damage.

4. The risk of fire and damage is insured by the Seller at its expense.

5. Storage costs are 1% of the purchase price per month (minimum €50 per week), unless the Seller proves higher costs.

Article 8 – Transport and damage upon delivery

1. Unless agreed otherwise, transport of the purchased goods by the Seller is included in the agreement, with the Seller bearing the risk of damage and loss. If the goods are delivered by a professional carrier, the Seller must ensure adequate insurance.

2. If damage is noted upon delivery, the Customer must record the damage on the delivery receipt. In addition, the Customer must notify the Seller within 2 working days after delivery, failing which the goods are deemed received without damage. If inspection is not possible upon delivery, the Customer must note this on the delivery receipt.

Article 9 – Payment

1. Purchase and Sale
   Deviation from standard terms: WE DO NOT REQUIRE A DOWN PAYMENT!
   a. (Standard) The Customer is required to pay a down payment of 30% of the total order amount by one-off direct debit collected immediately after purchase.
   b. The Customer receives an invoice for the remaining amount, payable no later than 14 days before delivery to the bank account stated on the invoice.
   c. If any aforementioned deadline is not met, the Seller may postpone delivery.
   d. If a deadline is exceeded, the Seller will send a payment reminder, notifying the Customer of the default and allowing an additional period for payment.
   e. After the period in (d) expires, the Seller may proceed to collection without further notice. If third parties are engaged for collection, the associated costs (15% of the outstanding principal) are for the Customer’s account.

2. If payment by term has been agreed, payment must be made within 21 days of the invoice date by bank transfer to the Seller. After 21 days from the invoice date, the buyer is in default and owes the statutory interest plus 2% on the amount due.

Article 10 – Cancellation

1. If the Customer cancels the agreement, a fixed compensation of 30% of the purchase price is due if and insofar as the Seller has not yet notified the Customer that the goods can be delivered. If the Seller has notified the Customer regarding delivery/collection, a fixed compensation of 50% of the purchase price is due upon cancellation.

2. The foregoing does not affect the Seller’s right to claim full compensation if the actual damage exceeds the above cancellation fees.

3. If the Customer wishes a clause providing a relevant and cost-free right of cancellation, this is possible; together with the Seller, an end date will be set for the validity period of the clause. Only thereafter will the kitchen be ordered.

Article 11 – Additional, reduced or extra costs

Costs arising because the Customer failed to enable execution or progress of the work will be charged to the Customer. Additional and/or reduced work will be settled fairly. In general, additional work includes all work and supplies not included in the agreement and requested by the Customer.
Non-coverable floor areas (e.g., columns and recesses) are not deducted. Cutting waste is not deducted. At the Customer’s request, remnants will be left on site by the Seller.

Article 12 – Impossibility of performance and force majeure

1. If during performance it appears that full and proper execution of the agreement is not possible due to circumstances the Seller did not know and could not reasonably have known at the time of contracting, the parties have the right to propose amending the agreement into one that can be properly and fully performed.

2. If the agreement is not amended as per the previous paragraph, the parties have the right—save in cases of force majeure—to dissolve the agreement. In that case, the Customer shall reimburse the Seller for costs already incurred in relation to the work.

3. If only a specific part of the agreement cannot be performed for reasons stated in paragraph 1, only that part will be dissolved, unless this cannot reasonably be required.

4. In the event of force majeure, the counterparty of the party invoking force majeure has the right to dissolve the agreement.

Article 13 – Warranty

1. Performance of the agreement must have the qualities and characteristics the Customer may expect under the agreement in normal use. This also applies to special use, insofar as foreseen by the parties upon contracting. If these expectations are not met, the Customer is entitled to repair or replacement.

2. In addition, the Customer has warranty coverage insofar as defects are not plausibly due to use inconsistent with the intended purpose. Unless expressly stated in the offer and agreed in writing otherwise, warranty is given as follows:
   • Up to one year after invoice date: repair or replacement costs, including transport and call-out, entirely for the Seller’s account.
   • After one year up to two years: these costs for two-thirds for the Seller’s account.
   • After two years up to three years: these costs for one-third for the Seller’s account.
   • After three years: all such costs are for the Customer’s account.
   The Customer is not entitled to replacement where the defect can reasonably be repaired.

3. This warranty scheme applies without prejudice to the Customer’s right to rescind the agreement and/or claim damages if the legal requirements are met.

4. The date the complaint is submitted by the Customer determines the applicable warranty tier.

5. If the manufacturer grants a more extensive warranty to the Seller, that warranty also applies to the Customer.
   Often 5 years on the kitchen; for appliances often 5 years if at least 4 appliances of one brand are included in your kitchen.

6. Warranty provisions only apply in case of use consistent with the intended purpose of the delivered goods or the performed work.

7. Improper handling or insufficient care of the delivered goods excludes any complaint and voids warranty and other safeguards insofar as the complaint is related to such handling or care.

8. Deviations in colour, wear resistance, etc., that are technically acceptable under prevailing standards or trade custom may limit or exclude the right to warranty and/or compensation.

Article 14 – Complaints

1. “Complaints” means all grievances relating to performance of the agreement. Complaints about the quality of delivered goods or materials or the execution of the work can only be made effective by the Customer if submitted within fourteen days after receipt of the goods or completion of the work. If submission within this period is not reasonably possible, the fourteen-day period starts from the moment the defect was or reasonably could have been discovered. The complaint must include a description of the grievances and identified defects.

2. The foregoing leaves unaffected the shorter term in Article 8.

3. If the Customer wishes to have certain work carried out or prevented against the Seller’s advice (if recorded in writing), any complaint about this is excluded.

4. Complaints also cannot be made:
   a. If they are due to an insufficiently level floor and the Seller did not install (or have installed) the floor. The Seller must notify the Customer of insufficient levelness before starting work.
   b. If subsequently ordered tiles differ (in colour or finish) from previous deliveries.

5. The Seller is not liable for any damage of any kind resulting from causes the Seller did not and could not reasonably know.

Article 15 – Liability / scope of damages

1. The Seller is only liable for damage suffered by the Customer that is the direct and exclusive result of an attributable failure by the Seller. The Seller is not liable for other damage. In particular, the Seller is not liable for third-party damage or (other) indirect damage, such as business interruption, loss of income, etc.

2. If under the previous paragraph the Seller is obliged to compensate the Customer’s damage, such compensation shall never exceed the purchase price agreed between the Seller and the Customer. For additional services and/or services performed by the Seller (installation), compensation shall never exceed the amount charged for such services.

3. The Customer shall indemnify the Seller against any third-party claims for damages relating to or connected with goods sold by the Seller to the Customer, or drawings, models, samples, etc., made available by the Seller to the Customer.

4. The Customer is liable for all damage due to loss, theft, fire or damage to the Seller’s items, tools and materials as soon as these are present on site, insofar as not attributable to a failure by the Seller.

Complaints are always taken seriously: for complaints click here for our information page (click).

Article 16 – Dutch law

All agreements to which these terms have been declared applicable are governed by Dutch law.

Article 17 – Disputes

1. In deviation from the statutory rules on judicial competence, any dispute between buyer and seller—if the district court has jurisdiction—shall be settled exclusively by the District Court of The Hague. However, the Seller remains entitled to summon the Customer before the court competent under statute or applicable international convention.

2. The Customer has the right, within one month after the Seller has invoked in writing the competence of the court in The Hague, to opt for settlement by the civil court competent under statute or applicable international convention.

Kind regards,

Mark Verkerk, Managing Director
– +31 (0)88-0101200 / markverkerk@keukenwarenhuis.nl