Terms and conditions Dauberry Woodworks

Email: info@dauberry.com
Website: www.dauberry.com

Account number: BE12 7340 5430 8992

For Dutch, press here

Definitions

1.   Dauberry Woodworks: Dauberry Woodworks, established in Brussels and registered in the K.B.O. under company number BE 0772.643.404.

2.   Customer: the person with whom Dauberry Woodworks has entered into an agreement.

3. Parties: Dauberry Woodworks and customer together.

4.   Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services of products by Dauberry Woodworks.

2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.

3.   The parties explicitly exclude the explicitness of additional and/or deviating general terms and conditions of the customer from third parties.

Offers and quotes

1. Offers and offers from Dauberry Woodwork are without obligation, unless stated otherwise.

2.   An offer of quotation is valid for a maximum of 1, unless another prior term is stated in the offer of the quotation.

3.   If the customer does not submit an offer of the quotation within the term, the offer of the quotation lapses.

4.   Offers and quotations do not apply to repeat orders, unless the parties have been expressly signed in writing.

Acceptance

1. When offering a non-binding offer of the proposal, comparing the offer of the offer of the proposal of the right within 3 days of receipt of the right to withdraw, without the customer to withdraw, without the customer can derive.

2. Verbal record of the customer Dauberry Woodworks final, the customer has confirmed this in writing (or electronically).

Prices

1. All prices remaining for Dauberry Woodworks are in euros, include VAT and exclude any costs such as administration costs, levies and travel, shipping or transport costs, expressly stated otherwise or otherwise specified.

2.   All prices that Dauberry Woodworks charges for its and services, on its website made from those final results, Dauberry Woodworks can change at any time.

3.   Parties for a service provided by Dauberry Woods have made a total amount as a target price, definitively established and a fixed price, which cannot be deviated from.

4.  Dauberry Woodworks is suitable for deviating up to 10% from the target price.

5. If the target price is more than 10% higher, Dauberry Woodworks must inform the customer in good time why a higher price is due.

6.   the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target plus 10%.

7.   Dauberry Woodworks has the right to adjust the prices annually.

8.   first at its entrance will be adapted to the customer.

9.   The consumer has the right to cancel the agreement with Dauberry Woodworks if he does not agree with the price increase.

Payments and payment terms

1.   Dauberry Woodworks may require a down payment of up to 50% of the amount upon entering into the agreement.

2.   The customer has made payments in arrears within 14 days after delivery.

3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the amount at the latest on the last day of the payment term, Dauberry Woodworks does not have to send the customer a demand or notice of default.

4.  Dauberry Woodworks reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services of products.

Payments and payment terms

1. Products are paid immediately.

2.   Dauberry Woodworks may require a down payment of up to 50% of the amount when entering into the agreement regarding a service.

3.   The customer must pay invoices to Dauberry Woodworks within 14 days   of the invoice date, unless other agreements have first been made and a different payment term is stated on the invoice.

4. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the amount at the latest on the last day of the payment term, without Dauberry Woodworks having to send the customer a reminder or need to be in default.

5.   Dauberry Woodworks reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the service.

 

Consequences of not paying on time

1. If the customer does not pay within the agreed term, Dauberry Woodworks is entitled to charge the statutory interest of 2% per month for non-commercial transactions and   the statutory interest of 8% per month for commercial transactions from the day the customer is absenteeism, whereby a part of a month is counted as a whole month.

2.   If the customer is in default, he also owes extrajudicial collection costs and any compensation to Dauberry Woodworks.

3.   The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4.   If the customer does not pay on time, Dauberry Woodworks may suspend its obligations until the customer has fulfilled its payment obligation.

5.   In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Dauberry Woodworks' claims against the customer are immediately due and payable.

6.   If the customer refuses to cooperate with the implementation of the agreement by Dauberry Woodworks, he is still obliged to pay the agreed price to Dauberry Woodworks.

 

Right of advertising

1.   As soon as the customer is in default, Dauberry Woodworks is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2.   Dauberry Woodworks invokes the right of advertising by means of a written or electronic communication.

3.   As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Dauberry Woodworks, unless the parties agree otherwise.

4.   The costs for the collection or return of the products will be borne by the customer.

 

Right of withdrawal

1.   A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:

    the product has not been used

    it is not a product that has been tailor-made or modified especially for the consumer

    the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure

    it does not concern (order for) emergency repairs

    the consumer has not waived his right of withdrawal

    it does not concern a service that is fully performed with the consent of the customer within the 14 calendar days reflection period and where the customer has expressly stated to waive the right of withdrawal

2.   The reflection period of 14 days as referred to in paragraph 1 starts:

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

as soon as the consumer has concluded the agreement for the delivery of the service

as soon as the consumer has confirmed that he will purchase digital content via the internet

3.   The consumer can make his appeal to the right of withdrawal known via info@dauberry.com, if desired using the withdrawal form that can be downloaded from the Dauberry Woodworks website, www.dauberry.com.

4.   The consumer is obliged to return the product to Dauberry Woodworks within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse.

Reimbursement of delivery costs

1.   If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to Dauberry Woodworks in time, Dauberry Woodworks will refund any shipping costs paid by the consumer within 14 days after receipt of the order, which has been returned in full in time to the consumer. pay back.

2.   The costs for delivery are only for the account of Dauberry Woodworks insofar as the complete order is returned.

Reimbursement return costs

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


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 entry

1.   Dauberry Woodworks can invoke its right of retention and in that case keep products of the customer in its possession until the customer has paid all outstanding invoices with regard to Dauberry Woodworks, unless the customer has provided sufficient security for those costs.

2.   The right of retention also applies under previous agreements from which the customer still owes Dauberry Woodworks payments.

3.   Dauberry Woodworks is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

 

Unless the customer is a consumer, the customer waives his right to set off a debt owed to Dauberry Woodworks against a claim against Dauberry Woodworks.

 

Retention of title

1.   Dauberry Woodworks remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Dauberry Woodworks under any agreement concluded with Dauberry Woodworks, including claims for failure to perform.

2.   Until that time, Dauberry Woodworks can invoke its retention of title and take back the goods.

3.   Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

4.   If Dauberry Woodworks invokes its retention of title, the agreement will be deemed dissolved and Dauberry Woodworks will be entitled to claim compensation, lost profit and interest.

Delivery

1.   Delivery takes place while stocks last.

2.   Delivery takes place at Dauberry Woodworks, unless the parties have agreed otherwise.

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

4.   If the agreed amounts are not paid or are not paid on time, Dauberry Woodworks has the right to suspend its obligations until the agreed part has been paid.

5.   In case of late payment, there is default by creditors, with the result that the customer cannot object to Dauberry Woodworks a late delivery.

Delivery time

1.   The delivery times stated by Dauberry Woodworks are indicative and do not entitle the customer to dissolution or compensation if these are exceeded, unless the parties have expressly agreed otherwise in writing.

2.   The delivery time commences after the offer signed by the customer for approval to Dauberry Woodworks has been confirmed to the customer in writing or electronically by Dauberry Woodworks.

3.   Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to dissolve the agreement, unless Dauberry Woodworks cannot deliver within 14 days after receiving a written demand to do so or the parties have agreed otherwise.

Actual delivery

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

 

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

 

Packing and Shipping

1.   If the packaging 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, failing which Dauberry Woodworks cannot be held liable for any damage.

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

Insurance

1.   The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:

o delivered goods that are necessary for the execution of the underlying agreement

o Dauberry Woodworks items that are present at the customer

o goods delivered subject to retention of title

2.   At Dauberry Woodworks' first request, the customer makes the policy of these insurances available for inspection.

3.   Unless the parties have expressly agreed otherwise, the customer is obliged to take out CAR insurance at his own expense and the customer cannot claim compensation for any damage that would otherwise be covered by this insurance.

Storage

1.   If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2.   Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

Assembly/Installation

Although Dauberry Woodworks makes every effort to carry out all assembly and/or installation work as well as possible, it bears no responsibility for this, except in the case of intent or gross negligence.

 

Guarantee

1.   When the parties have entered into an agreement with a service character, this only contains a best efforts obligation for Dauberry Woodworks and therefore no obligation of result.

2.   The warranty with regard 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 and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.

4.   The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.

Performance of the agreement

1.   Dauberry Woodworks performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

2.   Dauberry Woodworks has the right to have the agreed services (partially) performed by third parties.

3.   The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.

4.   It is the responsibility of the customer that Dauberry Woodworks can start the execution of the agreement in time.

5.   If the customer has not ensured that Dauberry Woodworks can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.

Information provided by the customer

1.   The customer makes all information, data and documents relevant to the correct execution of the agreement available to Dauberry Woodworks in a timely manner and in the desired form and manner.

2.   The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.

3.   If and insofar as the customer requests this, Dauberry Woodworks will return the relevant documents.

4.   If the customer does not provide the information, data or documents reasonably required by Dauberry Woodworks, not in time or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer .

Intellectual property

1.   Dauberry Woodworks retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. ., unless the parties have agreed otherwise in writing.

2.   The customer may not copy, show to third parties and/or make them available or use them in any other way without the prior written consent of Dauberry Woodworks.

Penalty clause

1.   If the other party violates the article of these general terms and conditions about confidentiality or about intellectual property, he forfeits an immediately due and payable fine for each violation for the benefit of the trade name.

    if the other party is a consumer, this fine is € 1,000

    if the other party is a legal person, this fine is € 5,000

2.   In addition, the other party forfeits an amount of 5% of the amount mentioned in paragraph 1 for each day that that violation continues.

3.   No prior notice of default or legal proceedings are required for forfeiture of this fine. There is also no need for any kind of damage.

4.   Forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of Dauberry Woodworks, including its right to claim compensation in addition to the fine.

Disclaimer

 

The customer indemnifies Dauberry Woodworks against all claims from third parties related to the products and/or services supplied by Dauberry Woodworks.

Complaints

1.   The customer must examine a product or service provided by Dauberry Woodworks as soon as possible for any shortcomings.

2.   If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must 

to inform berry Woodworks of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.

3.   Consumers must inform Dauberry Woodworks of this within 2 months after discovery of the shortcomings.

4.   The customer provides as detailed a description as possible of the shortcoming, so that Dauberry Woodworks is able to respond adequately.

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

6.   If a complaint relates to ongoing work, this can in any case not lead to Dauberry Woodworks being obliged to perform other work than has been agreed.

Notice of default

1.   The customer must notify Dauberry Woodworks of any notice of default in writing.

2.   It is the customer's responsibility that a notice of default actually reaches Dauberry Woodworks (on time).

Joint and several liability customer

 

If Dauberry Woodworks enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to Dauberry Woodworks under that agreement.

 

Liability Dauberry Woodworks

1.   Dauberry Woodworks is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.

2.   If Dauberry Woodworks is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.

3.   Dauberry Woodworks is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.

4.   If Dauberry Woodworks is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.

5.   All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

 

Any right of the customer to compensation from Dauberry Woodworks expires in any case 12 months after the event from which the liability directly or indirectly arises. 


Right to dissolution

1.   The customer has the right to dissolve the agreement if Dauberry Woodworks imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.

2.   If the fulfillment of the obligations by Dauberry Woodworks is not permanently or temporarily impossible, dissolution can only take place after Dauberry Woodworks is in default.

3.   Dauberry Woodworks has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Dauberry Woodworks has become aware of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.

Force majeur

1.   A failure by Dauberry Woodworks in the fulfillment of any obligation with regard to the customer cannot be attributed to Dauberry Woodworks in a situation independent of Dauberry Woodworks' control, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Dauberry Woodworks.

2.   The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3.   If a force majeure situation occurs as a result of which Dauberry Woodworks cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Dauberry Woodworks can fulfill them again.

4.   From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part.

5.   Dauberry Woodworks does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

Amendment of the agreement

1.   If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

2.   The previous paragraph does not apply to products purchased in a physical store.

 

Change of terms and conditions

1.   Dauberry Woodworks is entitled to amend or supplement these general terms and conditions.

2.   Minor changes can be made at any time.

3.   Dauberry Woodworks will discuss major substantive changes with the customer in advance as much as possible.

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

Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Dauberry Woodworks.

 

Consequences of nullity or voidability

1.   If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.

2.   A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Dauberry Woodworks had in mind when drafting the conditions on that point.

Applicable law and competent court

1.   Only Belgian law applies to every agreement between the parties.

2.   The Belgian court in the district where Dauberry Woodworks is located / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.


Prepared on January 25, 2022.