Terms and Conditions
- Stonedoos: Fire Retail B.V., located in Hoogeveen, registered under Chamber of Commerce number 90485041.
- Customer: the person with whom Stonedoos has entered into an agreement.
- Parties: Stonedoos and customer collectively.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of General Terms and Conditions
- These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Stonedoos.
- Parties can only deviate from these conditions if they have expressly and in writing agreed to do so.
- Parties explicitly exclude the applicability of any additional or deviating general terms and conditions of the customer or third parties.
- All prices maintained by Stonedoos are in euros, include VAT, and exclude any additional costs such as administrative fees, levies, and travel, shipping, or transportation costs, unless expressly stated otherwise or agreed upon differently.
- Stonedoos reserves the right to change all prices for its products or services, whether on its website or otherwise disclosed, at any time.
- Increases in the costs of products or components thereof that Stonedoos could not have foreseen at the time of making the offer or concluding the agreement may lead to price increases.
- The consumer has the right to terminate an agreement due to a price increase as referred to in section 3, unless the increase is a result of a legal regulation.
If the customer has received a sample or model of a product, they cannot derive any rights from it other than that it indicates the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Consequences of Late Payment
- If the customer does not pay within the agreed-upon term, Stonedoos is entitled to charge an interest of 1% per month from the day the customer is in default, with a part of a month counted as a whole month.
- When the customer is in default, they are also obligated to pay Stonedoos extrajudicial collection costs and any potential damages.
- The collection costs will be calculated according to the Decree on Compensation for Extrajudicial Collection Costs.
- If the customer does not pay on time, Stonedoos may suspend its obligations until the customer has fulfilled their payment obligation.
- In the event of liquidation, bankruptcy, seizure, or suspension of payment on the part of the customer, Stonedoos' claims against the customer become immediately due and payable.
- If the customer refuses to cooperate in the execution of the agreement by Stonedoos, they are still obliged to pay the agreed price to Stonedoos.
Right of Reclamation
- Once the customer is in default, Stonedoos is entitled to invoke the right of reclamation with regard to the unpaid products delivered to the customer.
- Stonedoos invokes the right of reclamation through written or electronic communication.
- Upon being informed of the invoked right of reclamation, the customer must immediately return the products to Stonedoos to which this right pertains, unless the parties agree otherwise.
- The costs for retrieving or returning the products are borne by the customer.
Right of Withdrawal
A consumer has the right to withdraw from an online purchase within a cooling-off period of 14 days without giving any reason, provided that:
- The product has not been used.
- It is not a product that can quickly perish, such as food or flowers.
- It is not a product that has been customized or tailored specifically for the consumer.
- It is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.).
- The sealing is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.).
- The product is not a travel, transport ticket, catering order, or form of leisure activity.
- The product is not a single magazine or newspaper.
- It is not an urgent repair or repair order.
- The consumer has not waived their right of withdrawal.
The 14-day cooling-off period mentioned in section 1 starts:
- On the day after the consumer received the last product or part of an order.
- As soon as the consumer has received the first product under a subscription.
- As soon as the consumer has used a service for the first time.
- As soon as the consumer has confirmed that they will receive digital content via the internet.
- The consumer can make their use of the right of withdrawal known via [email protected], if desired, using the withdrawal form that can be downloaded from Stonedoos' website, http://stonedoos.eu.
- The consumer is obliged to return the product to Stonedoos within 14 days after making their right of withdrawal known. Failure to return the product within this period will result in the forfeiture of their right of withdrawal.
- The costs of returning the product are only borne by Stonedoos if the entire order is returned.
- If the purchase costs and any other applicable costs (such as shipping and return costs) are eligible for reimbursement according to the law, Stonedoos will refund these costs to the consumer within 14 days of receiving a timely notice of the exercise of the right of withdrawal, provided that the consumer has returned the product to Stonedoos in a timely manner.
Right of Suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of Retention
- Stonedoos can invoke its right of retention and, in that case, retain products of the customer until the customer has settled all outstanding invoices with Stonedoos, unless the customer has provided sufficient security for those costs.
- The right of retention also applies based on previous agreements for which the customer still owes payments to Stonedoos.
- Stonedoos is never liable for any potential damages that the customer might incur as a result of exercising its right of retention.
Unless the customer is a consumer, the customer waives the right to set off a debt to Stonedoos against a claim on Stonedoos.
Retention of Title
- Stonedoos remains the owner of all delivered products until the customer has fully fulfilled all payment obligations towards Stonedoos based on any agreement concluded with Stonedoos, including claims related to breach of performance.
- Until that time, Stonedoos can invoke its retention of title and reclaim the goods.
- Before ownership has transferred to the customer, the customer is not allowed to pledge, sell, alienate, or encumber the products in any way.
- If Stonedoos invokes its retention of title, the agreement will be considered terminated, and Stonedoos has the right to claim damages, lost profits, and interest.
- Delivery takes place as long as stocks last.
- Delivery takes place at Stonedoos' premises, unless parties have agreed otherwise.
- Delivery of products ordered online takes place at the address specified by the customer.
- If the agreed amounts are not paid or not paid on time, Stonedoos has the right to suspend its obligations until the agreed-upon portion is paid.
- In case of late payment, there is creditor's default, as a result of which the customer cannot oppose delayed delivery to Stonedoos.
- The delivery times provided by Stonedoos are indicative and exceeding them does not grant the customer the right to termination or compensation, unless parties have expressly and in writing agreed otherwise.
- The delivery time starts when the customer has completed the (electronic) ordering process in full and has received an (electronic confirmation) from Stonedoos.
- Exceeding the stated delivery time does not grant the customer the right to compensation and does not grant the right to terminate the agreement, unless Stonedoos is unable to deliver within 14 days after a written demand for delivery or unless parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by them can take place on time.
Transport costs are borne by the customer, unless parties have agreed otherwise.
Packaging and Shipping
- If the packaging of a delivered product is opened or damaged, the customer must have a note made by the carrier or delivery person before accepting the product. Failure to do so will result in Stonedoos not being held liable for any potential damage.
- If the customer arranges transportation of a product themselves, they must report any visible damage to the product or packaging to Stonedoos before transportation. Failure to do so will result in Stonedoos not being held liable for any potential damage.
- If the customer only takes delivery of ordered products at a later date than the agreed-upon delivery date, the risk of potential quality deterioration is entirely on the customer.
- Any additional costs resulting from premature or delayed acceptance of products are entirely borne by the customer.
- The warranty regarding products is solely applicable to defects caused by faulty manufacturing, construction, or materials.
- The warranty does not apply in cases of normal wear and tear and damage resulting from accidents, modifications to the product, negligence, or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment when they are legally and/or actually delivered, or when they come into the possession of the customer or a third party receiving the product on behalf of the customer.
Exchanges are only possible if the following conditions are met:
- The exchange takes place within 14 days of purchase with the presentation of the original invoice.
- The product is returned in its original packaging or with the still attached original (price) tags.
- The product has not been used.
Discounted items, perishable items such as food, customized items, or items specially adapted for the customer cannot be exchanged.
The customer indemnifies Stonedoos against all claims from third parties related to the products and/or services provided by Stonedoos.
- The customer must examine a product delivered by Stonedoos or a service provided as soon as possible for any deficiencies.
- If a delivered product or provided service does not meet what the customer could reasonably expect from the agreement, the customer must inform Stonedoos of this as soon as possible, but in any case within 1 month after noticing the deficiencies.
- Consumers must inform Stonedoos of these deficiencies no later than 2 months after noticing them.
- The customer should provide a detailed description of the deficiencies, enabling Stonedoos to respond adequately.
- The customer must demonstrate that the complaint pertains to an agreement between the parties.
- If a complaint concerns ongoing activities, this cannot result in Stonedoos being obligated to perform other activities than those agreed upon.
Notice of Default
The customer must communicate notices of default to Stonedoos in writing.
It is the customer's responsibility to ensure that a notice of default reaches Stonedoos in practice (timely).
Joint and Several Liability of the Customer
If Stonedoos enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Stonedoos under that agreement.
Liability of Stonedoos
- Stonedoos is only liable for any damage suffered by the customer if and to the extent that the damage is caused by intent or willful recklessness.
- If Stonedoos is liable for any damage, it is only liable for direct damage that results from or is related to the execution of an agreement.
- Stonedoos is never liable for indirect damage, such as consequential damage, lost profits, missed savings, or damage to third parties.
- If Stonedoos is liable, this liability is limited to the amount paid out under a closed (professional) liability insurance policy, and if no (full) payment is made by an insurance company for the damage amount, the liability is limited to the (portion of the) invoice amount to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website, or in a catalog are indicative and approximate, and cannot lead to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Stonedoos expires in any case 12 months after the event that directly or indirectly gives rise to liability. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to Termination
- The customer has the right to terminate the agreement if Stonedoos is in culpable default in the performance of its obligations, unless this default, given its special nature or minor significance, does not justify termination.
- If the fulfillment of Stonedoos' obligations is not permanently or temporarily impossible, termination can only take place after Stonedoos is in default.
- Stonedoos has the right to terminate the agreement with the customer if the customer fails to fulfill their obligations under the agreement in full or on time, or if Stonedoos becomes aware of circumstances that give reasonable cause to fear that the customer will not be able to fulfill their obligations properly.
- In addition to what is stipulated in Article 6:75 of the Dutch Civil Code, it is understood that a breach by Stonedoos in fulfilling any obligation towards the customer cannot be attributed to Stonedoos in a situation beyond the control of Stonedoos, one that is independent of Stonedoos' will, which wholly or partially prevents the fulfillment of its obligations towards the customer or which would make the fulfillment of its obligations unreasonable to expect from Stonedoos.
- The force majeure situation as referred to in paragraph 1 also includes, but is not limited to: emergency situations (such as civil war, insurrection, riots, natural disasters, etc.); poor performance and force majeure on the part of suppliers, delivery personnel, or other third parties; unexpected failures of power, electricity, internet, computer, and telecom systems; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions, and work stoppages.
- If a force majeure situation arises, as a result of which Stonedoos cannot fulfill one or more obligations towards the customer, those obligations will be suspended until Stonedoos can fulfill them.
- From the moment a force majeure situation has lasted for at least 30 calendar days, both parties are entitled to terminate the agreement in writing, either entirely or in part.
- Stonedoos is not liable for any (damage) compensation in a force majeure situation, even if it benefits from the force majeure situation in any way.
Amendment of the Agreement
If, after the conclusion of the agreement, it becomes necessary to change or supplement its content for its implementation, the parties will adjust the agreement accordingly in a timely manner and through mutual consultation.
Amendment of the General Terms and Conditions
- Stonedoos is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Significant substantive changes will be discussed by Stonedoos with the customer as much as possible beforehand.
- Consumers have the right to terminate the agreement in case of a substantial change to the general terms and conditions.
Assignment of Rights
- Rights of the customer arising from an agreement between the parties cannot be transferred to third parties without the prior written consent of Stonedoos.
- This provision shall be deemed to have legal effect as described in Article 3:83, paragraph 2, of the Dutch Civil Code.
Consequences of Invalidity or Voidability
- If one or more provisions of these general terms and conditions are invalid or voidable, this does not affect the other provisions of these terms and conditions.
- A provision that is invalid or voidable will be replaced with a provision that most closely reflects Stonedoos' original intention when drafting these terms and conditions in that regard.
Applicable Law and Jurisdiction
- Dutch law exclusively applies to any agreement between the parties.
- The Dutch court in the district where Stonedoos is established/practices/has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise mandatorily.