Terms and Conditions
1.1 Gallery Lazise: Gallery Lazise, registered with the Chamber of Commerce under number 78439469, located in Beekbergen at Hoge Bergweg 21 (7361 GS), user of these general terms and conditions.
Further data from Gallery Lazise:
Phone number: (06) 839 936 48
VAT ID: NL003332572B04
1.2 Other party: the (potential) customer of goods or services offered by Gallery Lazise.
2.1 By means of an offer and acceptance in Gallery Lazise's ordering procedure, the parties declare these general terms and conditions applicable to the agreement that the parties have entered into with each other. Insofar as the content of these has not been changed, these general terms and conditions will also apply to future contractual relationships between the parties.
2.2 Deviations from these terms and conditions only apply insofar as they have been expressly agreed in writing by the parties.
2.3 The Other Party's general (purchase) conditions are expressly rejected.
2.4 Third parties involved by Gallery Lazise in the execution of the agreement can also invoke these general terms and conditions.
2.5 If one or more (part(s)) of the provisions of these general terms and conditions are invalid or destroyed, the other provisions of these general terms and conditions will continue to apply. The parties will then enter into consultation to agree new rules to replace the void or voided provisions, in which the aim and purport of the void or voided provisions will be expressed as much as possible.
2.6 These general terms and conditions are digitally available to the Other Party on the Gallery Lazise website and can be sent in writing at the latter's request.
3. Offer and agreement
3.1 Every offer, in the form of a quotation or otherwise, is wholly and unconditionally without obligation and revocable, unless otherwise indicated in writing by Gallery Lazise.
3.2 Each offer is valid only insofar as stocks last.
3.3 The prices as stated on the website or in another form of an offer are in Euros and include 21% VAT and are subject to levies, surcharges and other factors.
3.4 All statements by Gallery Lazise of numbers, sizes, weights and color of the articles in the designs, samples, drawings, images, photos or models shown or provided are only indications. A minor deviation from this in the delivered article does not lead to a shortcoming in the fulfillment of the agreement on the part of Gallery Lazise.
3.5 An offer does not automatically apply to repeat orders.
3.6 An agreement is only concluded after acceptance of the order by Gallery Lazise. Gallery Lazise is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Gallery Lazise will inform you within two (2) working days after receipt of the order.
4.1 Gallery Lazise delivers the articles after the conclusion of the agreement within the term set in the main contract and on the delivery method chosen by the Other Party, taking into account the delivery costs stated in the main contract and accepted by the Other Party.
4.2 If no one is present at the specified shipping address, the Other Party can receive a message that the order can be picked up at a nearby collection location.
4.3 The delivery term is not fatal, as a result of which the Other Party must always first give Gallery Lazise notice of default, whereby a considerable and reasonable term must be set, before being able to proceed with any remedy. Gallery Lazise is not obliged to compensate damage as a result of delay in delivery that is attributable to the Other Party. If the delivery is still not forthcoming 30 days after the conclusion of the agreement, the Other Party has the right to cancel the order.
4.4 The risk of loss or depreciation of the goods (to be delivered) transfers to the Other Party from the moment they are in its control. This irrespective of the transfer of ownership has already taken place.
4.5 Gallery Lazise is entitled to make use of competent third parties in the execution of the agreement if this is desirable in Gallery Lazise's opinion with a view to optimal execution of the agreement for the Other Party. Article 7:404 of the Dutch Civil Code does not apply to the agreement as a result.
5. Right of withdrawal
5.1 This article only applies if e The other party is a natural person who acts for purposes that fall outside its business or professional activities.
5.2 In principle, the other party has the right to withdraw from the agreement within a period of 14 days without stating reasons. However, the Other Party has no right of withdrawal if the delivery of goods manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person.
5.3 The withdrawal period expires 14 days after the day on which the Other Party or a third party designated by the Other Party, who is not the carrier, takes physical possession of the goods or, for agreements where the Other Party has ordered several goods in the same order that are delivered separately, the day on which the Other Party or a third party designated by the Other Party, who is not the carrier, acquires physical possession of the last good.
5.4 In order to exercise the right of withdrawal, the Other Party must inform Gallery Lazise by means of an unambiguous statement (for example, in writing by post or e-mail) of the Other Party's decision to withdraw from the agreement.
5.5 To comply with the withdrawal period, it is sufficient for the Other Party to send its communication regarding its exercise of the right of withdrawal before the withdrawal period has expired.
5.6 If the Other Party withdraws from the agreement, the Other Party will receive all payments that the Other Party has made up to that point, including delivery costs (with the exception of any additional costs resulting from the Other Party's choice for a different method of delivery than the cheapest standard delivery offered by Gallery Lazise). ) immediately and in any case no later than 14 days after Gallery Lazise has been informed of the Other Party's decision to withdraw from the agreement, from Gallery Lazise. Gallery Lazise will reimburse the Other Party with the same payment method as the Other Party used for the original transaction, unless the Other Party has expressly agreed otherwise; in any event, the Other Party will not be charged any costs for such reimbursement. Gallery Lazise is entitled to withhold reimbursement until it has received the goods back, or the Other Party has demonstrated that the Other Party has returned the goods, whichever comes first. Gallery Lazise will collect the goods or the Other Party must return or hand over the goods to Gallery Lazise without delay, but in any event no later than 14 days after the day on which the Other Party has notified Gallery Lazise of its decision to withdraw from the agreement. The Other Party is on time if the Other Party returns the goods before the period of 14 days has expired. The direct costs of returning the goods are for the Other Party's account. The other party is only liable for the decrease in value of the goods resulting from the use of the goods, which goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.
5.7 Model withdrawal form; In order to facilitate the withdrawal for the Other Party, Gallery Lazise makes the form stated below available to the Other Party. The Other Party can use this form if the Other Party wishes to withdraw from the agreement.
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To: Gallery Lazise
High Mountain Road 21
7361 GS BEEKBERGEN
(0341) 729 680
I/We (*) hereby give notice that I/we (*) revoke our agreement concerning the sale of the following goods/provision of the following service (*)
• Ordered on (*)/Received on (*)
• Name(s) consumer(s)
• Address consumer(s)
• Signature of consumer(s) (only when this form is submitted on paper)
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6. Complaints Handling Policy
6.1 The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
6.2 Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
6.3 Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
6.4 If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure.
6.5 A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
6.6 If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
7.1 If the delivered item does not meet the expectations reasonably aroused, and there is therefore a defect, the Other Party must inform Gallery Lazise about this within 2 months after discovery of this defect. If due to the defect the article can be declared 'broken' in its entirety, the Other Party must inform Gallery Lazise about this within 3 months after discovery.
7.2 After the provision of information as referred to in paragraph 2 of this article, Gallery Lazise will reasonably repair or replace the article free of charge. If neither of the two remedies described above offers a solution to effectively remedy the defect, the Other Party has the right to dissolve the agreement, as a result of which the Other Party receives the purchase price paid back and Gallery Lazise must regain possession of the items it has delivered.
7.3 If the defect is caused by an error on the part of the Other Party, Gallery Lazise will at least charge a fee for repair or replacement. The amount of this compensation depends on the degree of intent or negligence on the part of the Other Party as a result of which the defect has arisen.
8.1 The other party will pay the purchase price owed by means of the payment method indicated in the main contract and chosen by itself, taking into account any applicable and accepted transaction costs.
8.2 Unless otherwise agreed, the Other Party must pay the purchase price owed within 14 days of the conclusion of the agreement.
8.3 If the Other Party fails in its payment obligation and is in default, Gallery Lazise will immediately initiate the extrajudicial collection process against the Other Party. In accordance with the law, the Other Party then owes Gallery Lazise a considerable amount of costs incurred.
8.4 The other party is not entitled to set off its debt against a performance that it has to claim from Gallery Lazise that corresponds to its debt.
9. Retention of title
9.1 The ownership of the items to be delivered, in contrast to the actual transfer of power, will only be transferred to the Other Party after the Other Party has fully paid all that the Other Party owes or will owe to Gallery Lazise under the agreement. This therefore includes not only the purchase price, but also any further fines owed, additional costs or extrajudicial collection costs.
9.2 Pursuant to this retention of title, the Other Party is therefore not entitled to alienate or encumber the goods with, for example, a right of pledge.
9.3 In connection with the effectiveness of the retention of title, the other party undertakes to timely and adequately inform Gallery Lazise in the event of an imminent bankruptcy, suspension of payments or debt restructuring or when third parties threaten to seize goods delivered with retention of title. The other party is also obliged to adequately insure the goods delivered under retention of title against damage and theft.
9.4 If the Other Party is in default of any obligation under the agreement, the Other Party is obliged to provide all necessary cooperation at Gallery Lazise's request, so that Gallery Lazise can once again unencumberably dispose of the delivered goods. This also includes any obligation to return the goods at Gallery Lazise's request.
10.1 The provisions of this article also apply, where possible, in addition to the provisions regarding liability regulated elsewhere in these general terms and conditions.
10.2 In the unlikely event that an event, including omissions, occurs during the execution of the agreement and leads to liability on the part of Gallery Lazise, that liability will at all times be limited to the amount or amounts for which the professional or business liability insurance.
10.3 Except insofar as the damage is the result of intent or willful negligence, any liability of Gallery Lazise is limited to repairing foreseeable, direct and personal damage suffered by the Other Party, to the exclusion of all indirect or immaterial damages. such as, but not limited to, lost revenue and profits, loss or corruption of data, loss of contracts, additional costs.
11. Force majeure
11.1 Force majeure is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, on which Gallery Lazise has no influence. This will also include strikes, traffic disruptions, unforeseeable stagnation, disruptions in the supply of energy, transport difficulties, fire, loss or damage during transport and government measures.
11.2 During force majeure, Gallery Lazise's obligations are suspended. If fulfillment is impossible due to force majeure for longer than one month or if there are other circumstances that make it disproportionately difficult for Gallery Lazise to fulfill its obligations, Gallery Lazise is authorized to dissolve the agreement in whole or in part by notifying the Other Party and without judicial intervention. , without there being any obligation to pay compensation in that case.
11.3 If Gallery Lazise has already partially fulfilled its obligations when the force majeure occurs, it is entitled to invoice the part already delivered or performed separately, or to partially credit it in the case of down payments.
12.1 The agreement with the Other Party is archived for administrative obligations, among other things. The other party can request the agreement at any time afterwards by e-mail from Gallery Lazise. All personal data will only be used for processing the order and will never be made available to third parties.
12.2 The Gallery Lazise site may contain advertisements from third parties or links to other sites. Gallery Lazise is not responsible for the privacy policies of these sites.
13. Intellectual Property Rights
13.1 The brands, images, logos and photos used and displayed on the Gallery Lazise website are registered or unregistered trademarks of Gallery Lazise or of third parties and may not be used commercially without the prior consent of the holder of those trademarks.
14. Forum, choice of law and transfer of rights
14.1Gallery Lazise is authorized to transfer its rights and obligations under this agreement to a third party. The other party is only authorized to transfer its rights and obligations to a third party with the written permission of Gallery Lazise.
14.2 This - and other agreement(s) concluded between the parties - is exclusively governed by Dutch law. Should an obligation arise between the parties in the future, other than arising from an agreement, then Dutch law also applies to that obligation.
14.3 In the event that a dispute arises from the agreement between the parties, the exclusive and absolute competent court is the court in the district in which the municipality of Apeldoorn is subject. In the event that a dispute arises between the parties regarding non-contractual obligations, the exclusive and absolute competent court is also the court in the district in which the municipality of Apeldoorn is located.