GENERAL TERMS AND CONDITIONS PARADISE MOSAICS

Email: Info@paradisemosaics.com

Website: www.paradisemosaics.com

 

Definitions

1. Paradise Mosaics: Adriana Zoon, established in Berkenwoude, The Netherlands, Chamber of Commerce no. 76371638

2. Customer: the party which Paradise Mosaics has entered into an agreement with.

3. Parties: Paradise Mosaics and customer together

4. Consumer: a customer who is an individual acting for private purposes.

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Paradise Mosaics.

2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by Paradise Mosaics are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

2. Paradise Mosaics is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.

Payments and payment term

1. Products are immediately paid for in the store or webshop.

2. Paradise Mosaics may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.

3. The customer must pay invoices of Paradise Mosaics within 14 days, unless parties have made other agreements about this or if the invoice has a different payment term.

4. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Paradise Mosaics having to send the customer a reminder or to put him in default.

5. Paradise Mosaics reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Right of withdrawal

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

• The product has not been used

• The product is not specially tailored for the consumer or adapted to its special needs

• The product is not damaged while in the care of the consumer

2. The cooling-off period of 14 days as referred to in paragraph 1 commences:

• On the day after the consumer has received the last product or part of 1 order

• As soon as the consumer has purchased a service for the first time

3. The consumer can notify his right of withdrawal via info@paradisemosaics.com

4. The consumer is obliged to return the product to Paradise Mosaics within 7 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of delivery costs

1. If the purchase and any other costs (such as delivery costs) are eligible for reimbursement according to law, Paradise Mosaics will refund these costs to the consumer after the product has been returned by the consumer and the product is received by Paradise Mosaics

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire oder on time, the costs for returning the complete order will be borne by the consumer.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Delivery

1. Delivery takes place while stocks last.

2. Delivery takes place at Paradise Mosaics unless the parties have agreed upon otherwise.

3. Delivery of products ordered online takes place at the address indicated by the customer.

4. If the agreed price is not paid on time, Paradise Mosaics has the right to suspend its obligations until the agreed price is fully paid.

5. In the event of late payment, the customer is automatically in default and hereby he cannot object to late delivery by Paradise Mosaics.

Delivery period

1. Any delivery period specified by Paradise Mosaics is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Paradise Mosaics.

3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Paradise Mosaics cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

 

Packaging and shipping

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Paradise Mosaics may not be held liable for any damage.

2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Paradise Mosaics, failing which Paradise Mosaics cannot be held liable for any damage.

Guarantee

1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for Paradise Mosaics, not obligations of results.

2. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.

3. The warranty does not apply in the event of normal wear an tear and damage resulting from accidents changes made to the product, negligence or improper use by the customes, or when the cause of the defect cannot clearly be established.

Exchange

1. Exchange is only possible if the following conditions are met:

• Exchange takes place within 14 days after purchase

• The product is undamaged

• The product will be returned by the customer carefully packed and Paradise Mosaics will receive it undamaged.

Intellectual property

1. Paradise Mosaics retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all mosaics, designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc. unless parties have agreed otherwise in writing.

2. The customer may not copy or have copied the intellectual property rights without prior written permission from Paradise Mosaics.

Penalties

1. If the customer violates the articles of these general terms and conditions about intellectual property, the he forfeits on behalf of Paradise Mosaics an immedialtely due an payable fine of € 1000 if the customer is a consumer and € 5000 if the customer is a company for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.

2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.

3. The forfeiture of the fine refered to in the first paragraph of this article shall not affect the other rights of Paradise Mosaics including right to claim compensation in addidtion to the fine.

Complaints

1. The customer must examine a product of service by Paradise Mosaics as soon as possible for possible shortcomings.

2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Paradise Mosaics of this as soon as possible, but in any case within 14 days after the discovery of the shortcomings.

3. Consumers must inform Paradise Mosaics of this within 1 months after detection of the shortcomings.

4. The customer gives a detailed description as possible of the shortcomings, do that Paradise Mosaics is able to respond adequately.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relaties to ongoing work, this can in any case not lead to Paradise Mosaics being forced to perform other work than had been agreed.

Giving notice

1. The customer must provide any notice of default to Paradise Mosaics in writing.

2. It is the responsibility of the customer that a notice of default actually reaches Paradise Mosaics (in time).

 

Changes in the general terms and conditions

1. Paradise Mosaics is entitled to amend or supplement these general terms and conditions.

2. Changes of minor importance will be discussed by Paradise Mosaics with the customer in advance as much as possible.

3. Consumers are entitled to cancel the agreement in the event of a substantial change tot the general terms and conditions.

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.

2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Paradise Mosaics had in mind when drafting the conditions on that issue

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties.

2. The Dutch court in the district where Paradise Mosaics is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

 

Drawn up on August 18, 2022