TERMS AND CONDITIONS (B2C)

Article 1 - Definitions
1. Cou7ure Essentials, located in Almere, Chamber of Commerce number 85394068, is indicated in these terms and conditions
as seller.
2. The counterparty of the seller is referred to as the buyer in these general terms and conditions.
3. Parties are seller and buyer together.
4. The agreement means the purchase agreement between the parties.
Article 2 - Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or
goods by or on behalf of the seller.
2. It is only possible to deviate from these terms and conditions if this has been agreed explicitly and in writing by the parties.
Article 3 - Payment
1. The full purchase price is always paid immediately in the webshop. With reservations, in some cases a
down payment expected. In that case, the buyer will receive proof of the reservation and the prepayment.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to fulfill the obligations
to suspend until the buyer has fulfilled his payment obligation.
3. If the buyer remains in default, the seller will proceed to collection. The costs related to that collection
are the responsibility of the buyer. These collection costs are calculated on the basis of the Compensation Decree
for extrajudicial collection costs.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the claims of the seller
immediately due and payable to the buyer.
5. If the buyer refuses to cooperate with the execution of the assignment by the seller, he is still obliged to pay the
agreed price to be paid to the seller.
Article 4 - Offers, quotations and price
1. Offers are without obligation, unless a term of acceptance is stated in the offer. Will not be the offer
accepted within that period, the offer will lapse.
2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or termination if they are exceeded
compensation, unless the parties have expressly agreed otherwise in writing.
3. Offers and quotations do not automatically apply to repeat orders. The parties must expressly agree to this
agree in writing.
4. The price stated on offers, quotations and invoices consists of the purchase price including VAT and
any other government levies.
Article 5 - Right of withdrawal
1. The consumer is entitled to return after receipt of the order 14 days without notice
of reasons to terminate (right of withdrawal). The term starts to run from the moment the (entire) order is placed
received by the consumer.
2. There is no right of withdrawal if the products are made to measure or only according to his specifications
have a short shelf life.
3. The consumer can use a withdrawal form from the seller. The seller is obliged to do so immediately after the question
from buyer to buyer.
4. During the cooling-off period, the consumer will handle the product and the packaging with care. He will have the product
only unpack or use it to the extent necessary to assess whether he wants the product




to keep. If he makes use of his right of withdrawal, he will return the unused and undamaged product
with all accessories supplied and - if reasonably possible - in the original shipping packaging to the seller
return, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6 - Amendment of the agreement
1. If during the execution of the agreement it appears that it is necessary for the proper execution of the assignment
is necessary to change or supplement the work to be performed, the parties will agree in time and mutually
review the agreement accordingly.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of
performance are 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, light
seller 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 results in an exceeding of this price.
5. Contrary to the provisions of 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 risk transfer
1. As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.
Article 8 - Research and Complaints
1. The buyer is obliged to deliver the delivered goods at the time of delivery, but in any case within as short a time as possible
term to investigate. In doing so, the buyer should examine the quality and quantity of the delivered goods
correspond to what the parties have agreed, or at least that quality and quantity meet the requirements
that apply to it in normal (trade) traffic.
2. Complaints regarding damage, shortages or loss of delivered goods must be submitted within 10
working days after the day of delivery of the goods by the buyer in writing to the seller.
3. If the complaint is declared well-founded within the set period, the seller has the right to either repair or
to deliver again, or to refrain from delivery and to send the buyer a credit note for that part of the purchase price.
4. Minor and/or standard deviations in the industry and differences in quality, quantity, size or finish are not acceptable
against the seller.
5. Complaints regarding a particular product do not affect other products or parts
belonging to the same agreement.
6. Complaints will no longer 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 be only an indication
provided without the good to be delivered having to comply with it. This is different if the parties are explicit
agreed that the good to be delivered will correspond to this.
2. In agreements regarding immovable property, the surface area or other dimensions and
indications are also presumed to be intended only as an indication, without the good to be delivered needing this
to answer.
Article 10 - Delivery
1. Delivery is done factory/shop/warehouse'. This means that all costs are for the buyer.
2. The buyer is obliged to take delivery of the goods at the moment that the seller delivers them to him or has them delivered, or
at the time when these items are made available to him in accordance with the agreement.
3. If the buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for
the delivery, the seller is entitled to store the goods at the expense and risk of the buyer.
4. If the goods are delivered, the seller is entitled to charge any delivery costs.




5. If the seller needs data from the buyer for the execution of the agreement, the delivery time will commence
after the buyer has made this information available to the seller.
6. A delivery term specified by the seller is indicative. This is never a deadline. When exceeded
of the term, the buyer must give the seller written notice of default.
7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or
partial delivery has no independent value. In the event of delivery in parts, the seller is entitled to make these parts
billed separately.
Article 11 - Force majeure
1. If the seller cannot, not timely or properly fulfill its obligations under the agreement due to force majeure,
then he is not liable for damage suffered by the buyer.
2. Force majeure is in any case understood by the parties as any circumstance faced by the seller at the time of entering into the agreement
of the agreement could not take into account and as a result of which the normal performance of the agreement
cannot reasonably be required by the buyer, such as, for example, illness, war or danger of war, civil war
and riot, acts of war, sabotage, terrorism, power failure, flood, earthquake, fire, occupation,
strikes, exclusion of workers, changed government measures, transport difficulties, and other disruptions
in the seller's company.
3. Furthermore, the parties understand force majeure as the circumstance that suppliers depend on the seller
for the execution of the agreement, do not fulfill the contractual obligations towards the seller, unless
this can be blamed on the seller.
4. If a situation as referred to above arises as a result of which the seller does not fulfill its obligations
towards the buyer, then those obligations will be suspended as long as the seller does not meet his obligations
can comply. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties are entitled
to dissolve the agreement in whole or in part in writing.
5. If the force majeure continues for more than three months, the buyer has the right to terminate the agreement with immediate effect
to cancel input. Dissolution is only possible by registered letter.
Article 12 - Transfer of rights
1. Rights of either party under this Agreement are not transferable without prior written consent
consent of the other party. This provision applies as a clause with property law effect as intended
in article 3:83, second paragraph, Civil Code.
Article 13 - Retention of title and right of retention
1. The goods present at the seller's and delivered goods and parts remain the property of the seller until the buyer has received the
paid the full agreed price. Until that time, the seller can invoke his retention of title and the
take things back.
2. If the agreed amounts to be paid in advance are not paid or not paid on time, the seller has the right
to suspend the work until the agreed part has been paid. Then there is
creditor default. In that case, a late delivery cannot be invoked against the seller.
3. The seller is not authorized to pledge the goods falling under its retention of title or to any other
way to object.
4. The seller undertakes to insure and keep insured the goods delivered to the buyer under retention of title
against fire, explosion and water damage as well as against theft and to make the policy available for inspection on first request
to give.
5. If goods have not yet been delivered, but the agreed advance payment or price is not in accordance with the agreement
fulfilled, the seller has the right of retention. In that case, the item will not be delivered until the buyer has completed and complied with it
appointment paid.
6. In the event of liquidation, insolvency or suspension of payment of the buyer, the obligations of the buyer are immediate
due and payable.
Article 14 - Liability




1. Any liability for damage arising from or related to the performance of a
agreement, is always limited to the amount that has been concluded in the relevant case
liability insurance(s) is paid out. This amount is increased by the amount of the own
risk according to the relevant policy.
2. Not excluded is the seller's liability for damage resulting from intent or deliberate
recklessness of the seller or his managerial subordinates.
Article 15 - Complaint obligation
1. The buyer is obliged to immediately report complaints about the work performed to the seller. The complaint contains a so
detailed possible description of the shortcoming, so that the seller is able to respond adequately.
2. If a complaint is well-founded, the seller is obliged to repair the good and possibly replace it.
Article 16 - Guarantees
1. If guarantees are included in the agreement, the following applies. Seller warrants that it
sold conforms to the contract, that it will function without defects and that it is suitable for it
use that the buyer intends to make of it. This warranty applies for a period of two calendar years after
receipt of the sold by the buyer.
2. The intended guarantee aims to create a risk distribution between the seller and the buyer in such a way that
the consequences of a breach of a guarantee are always entirely for the account and risk of the seller and that
the seller can never invoke Article 6:75 of the Dutch Civil Code with regard to a breach of a guarantee. It determined in the previous
sentence also applies if the buyer was aware of the infringement or could have been aware of it by conducting an investigation.
3. The aforementioned guarantee does not apply if the defect has arisen as a result of injudicious or improper use
use or when - without permission - buyer or third parties have made or attempted changes
or have used the purchased item 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 warranty is
limited to the warranty provided by that manufacturer.
Article 17 - Intellectual property
1. Cou7ure Essentials retains all intellectual property rights (including copyright, patent law, trademark law,
drawing and model law, etc.) on all products, designs, drawings, writings, carriers with data or
other information, quotations, images, sketches, models, scale models, etc., unless the parties agree otherwise in writing
agreed.
2. The customer may not use said intellectual property rights without prior written permission from
Cou7ure Essentials (have) copied, shown to third parties and/or made available or used in any other way.
Article 18 - Amendment of general terms and conditions
1. Cou7ure Essentials is entitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major substantive changes Discuss Cou7ure Essentials with the customer as much as possible in advance.
4. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions
say.
Article 19 - Applicable law and competent court
1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where Cou7ure Essentials is established is exclusively authorized to knowledge
of any disputes between the parties, unless the law prescribes otherwise.
3. The applicability of the Vienna Sales Convention is excluded.
4. When one or more provisions of these general terms and conditions are deemed unreasonable in legal proceedings
are regarded as onerous, the other provisions shall remain in full force.




Article 20 - Attribution
1. These terms and conditions were created using Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).
These general terms and conditions apply from: December 24, 2022

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