Terms and Conditions of Sale

Article 1 Definitions

In these general terms and conditions the following terms are understood to mean:

1. Kas20: the private limited company De wooncontainer BV, established and with registered offices at (1424NW) Noorddammerweg 35, De Kwakel, the Netherlands (Chamber of Commerce number 77299671 VAT number NL860963548B01, telephone +31 20 2101966, e-mail info@kas20.nl).
2. The purchaser: any person who – acting in the exercise of a profession or business (business) or acting as a private person (consumer) – enters into or wishes to enter into an agreement with Kas20 or for whom Kas20 makes an offer or provides a delivery or service.
   

Article 2 Applicability

1. These general terms and conditions apply to all quotations and orders, offers, concluded agreements, and services and actions performed and to be performed. The applicability of any supplementary or deviating general terms and conditions used by the buyer is excluded.
2. In the event of any conflict between the content of the agreement concluded between the parties and these general terms and conditions, the provisions of the agreement shall prevail.

Article 3 Offers and agreements

1. All quotes without a stated validity period are non-binding. Any obvious errors, such as incorrect pricing, calculation errors, or typographical errors, on the Kas20 website, in advertisements, offers and quotes, publications, order confirmations, or other documents from Kas20 are not binding.
2. Kas20 may assume the accuracy and completeness of data, drawings, etc., provided by the buyer. The offer will be based on this.
3. The agreement is concluded in writing. Changes or deviations from orders by the buyer are only valid after written approval by Kas20, for which costs may be charged. If changes are required, the buyer must notify us in writing within five days of the agreement (payment).
4. In the case of a business customer, Kas20 is entitled to continue fulfilling the agreement, to request a down payment of the full purchase price, or to request security for payment by the customer.

Article 4 Quality and description

1. Kas20 undertakes to deliver the goods to the buyer in accordance with the agreement.
2. In the case of custom work, minimal dimensional deviations are permitted. Regarding the manufacturing of wooden products, deviations of up to 3% are permitted, unless expressly agreed otherwise.
   
3. A margin of 1-2% is allowed for difference in the height of tables.
4. The ceramic tops are all unique, and the pattern/color may vary from what's shown on the website. If you choose a facet/base plate, pressed wood is placed underneath the ceramic.
5. There are various materials with different finishes. Oak veneer (a layer of solid oak on pressed wood), solid oak, solid walnut, and patterns (mosaic, herringbone, star, and Hungarian point, where a layer of solid oak is laid on pressed wood). Each table in these materials is unique and may differ from the showroom model in color, knot count, or finish.

Article 5 Retention of title and intellectual property

1. Kas20 retains ownership of the sold products until the buyer has paid the price (and any additional costs) in full. During the retention of title, the buyer will not transfer ownership of the products to third parties or encumber them with third-party rights, except to the extent that the buyer's normal business operations require the transfer of products.
2. Copyright and intellectual property rights of Kas20 apply to offers, designs, images, drawings, models and the like made by Kas20, unless otherwise agreed in writing.

Article 6 Delivery time / delivery

1. Delivery times are approximate. When determining delivery times, Kas20 assumes it can complete the order under the circumstances known to it at that time.
2. Delivery times will only commence once all commercial and technical details have been agreed upon, all necessary data is in Kas20's possession, and, if agreed upon, the down payment has been received.
3. Kas20 undertakes to adhere to the specified delivery time as much as possible, but is not liable for the consequences of exceeding it, which it could not reasonably have prevented. If the initial delivery time is exceeded, Kas20 will be granted an additional period to deliver. This additional period is equal to the original estimated delivery time, with a maximum of 90 days.
4. Such an excess does not oblige Kas20 to provide any compensation, nor does it give the purchaser the right to terminate the agreement.
5. Deliveries from Kas20 can be made in separate parts. If the order concerns a dining room bench with two or more sections and/or a sofa consisting of multiple segments, these will be delivered via dropshipment and/or directly to the customer by our carrier. This also applies to chairs from the Moods and Jesperhome brands.
6. If a customer's order contains multiple items with different delivery times, the longest delivery time will be used as the basis for the entire order. If the customer wishes to have the items delivered separately, additional shipping or transport costs may be charged.
   

Article 7 Transfer of Risk

1. Unless otherwise agreed, the agreement includes the transport of the purchased goods by Kas20, which bears the risk of damage and loss. If the purchased goods are delivered by a professional carrier, Kas20 is required to ensure adequate insurance.
2. Any damage to the customer's property caused by Kas20 (or its employees) must be fully and clearly described on the receipt submitted to Kas20. Failing this, the customer is deemed to have received the purchased goods undamaged. If the customer is unable to inspect the delivered goods upon delivery, this must be noted on the receipt.

Article 8 The delivery

1. The buyer is obligated to ensure that the delivery location is accessible and, to the extent possible, to do everything possible to facilitate smooth delivery. Furthermore, the buyer must ensure that the delivery location can be properly secured.
2. If the delivery location is not accessible at the time of delivery, for example because the purchased goods prove to be too large to reach that location, this will be at the expense of the purchaser and any resulting freight costs, storage expenses and the like will be borne by the purchaser.
3. The customer must inform Kas20 prior to concluding the agreement if the use of auxiliary equipment such as a hoist or crane is necessary for proper delivery. In that case, the agreement will stipulate who will be responsible for the costs and risks of using the special auxiliary equipment. If the customer provides incorrect or incomplete information, the costs of using the special auxiliary equipment will be borne by the customer.
4. Chairs must be assembled by the purchaser.
   
5. If the customer is not available at the time of delivery, for example due to absence, this will be at the customer's expense.
6. If the customer is not present at the delivery address and no postponement email has been sent, this will be at the customer's expense.

Article 9 The storage of goods

1. If the products are offered on the agreed delivery date but are not accepted, and there is no evidence of a defective delivery, Kas20 will make a second delivery within a reasonable period. After refusal or after the second delivery, Kas20 is entitled to charge the buyer for storage costs and any further damages and costs.
2. If the second delivery is also not accepted and this can be attributed to the buyer, Kas20 will demand performance of the agreement in writing, granting the buyer a period of up to 30 days to collect the goods. In this case, Kas20 is also entitled to (partially) terminate the agreement, in which case the buyer is obligated to compensate Kas20 for any damages incurred.

Article 10 Payment

1. Payment must be made in euros. Kas20's prices indicate whether they include or exclude VAT.
2. If sales are made through the webshop, the buyer pays the full invoice amount, including transportation costs, when placing the order. Alternatively, 50% of the purchase price, including transportation costs, can be paid upon order placement and 50% upon delivery. If Kas20 makes partial deliveries in fulfillment of an agreement, it is entitled to demand payment for each partial delivery. The buyer will receive a partial invoice for each partial delivery.
3. All payments must be received by the buyer without any offset within two weeks of the invoice date. Payment must be made in full before delivery. The buyer is legally in default if the payment term expires and is therefore liable for the statutory interest pursuant to Article 6:119 of the Dutch Civil Code. Business buyers are liable for the statutory commercial interest pursuant to Article 6:119a of the Dutch Civil Code for the period during which they are in default of payment of the purchase price.
4. Without prejudice to the provisions of paragraph 5 of this article, Kas20 will send the consumer a reminder after the default occurs, urging them to pay within fourteen days, starting on the day after the reminder. The consumer will also be informed that they will owe extrajudicial collection costs if payment is not made, and will be notified of the amount of these collection costs.
5. Kas20 is authorized to collect the amount owed without further notice of default. In that case, Kas20 is entitled to engage third parties for collection. In that case, the purchaser is also liable for extrajudicial collection costs, the amount of which is determined pursuant to the Extrajudicial Collection Costs Standards Act and associated decree.

Article 11 Revocation/termination of the agreement

1. The majority of the goods manufactured and/or supplied by Kas20 are custom-made and not prefabricated. Custom-made items include all items manufactured in the Kas20 factory, including custom-made tables, benches, coffee tables, cabinets, TV stands, and wall shelves. This also includes seating furniture that is not produced by Kas20 itself, but custom-made in an external factory.

   In the case of a distance contract or an off-premises contract between Kas20 and a consumer, the consumer has no right to cancel the contract. This is because the products are manufactured and delivered according to the consumer's specifications and/or based on their individual choice or decision.

2. The agreement can be terminated by mutual consent, provided Kas20 agrees, without any breach of contract. In that case, Kas20 is entitled to compensation consisting of both losses incurred and lost profits, as assessed and determined by Kas20.
3. Kas20 has the right to suspend the fulfillment of its obligations if it is temporarily prevented from fulfilling its contractual obligations to the customer due to force majeure. If there is a non-attributable breach and fulfillment is or becomes permanently impossible, the parties are entitled to terminate the agreement with immediate effect for the portion of the obligations that have not yet been fulfilled. The parties are not entitled to compensation for any damages suffered or to be suffered as a result of the suspension or termination as defined in this article.
4. If the buyer is declared bankrupt, requests a suspension of payments, or decides to liquidate, Kas20 has the right to immediately terminate the agreement in whole or in part and to take back any delivered products that have not yet been paid for, without prejudice to its right to compensation.

Article 12 Warranty

1. Unless otherwise agreed in writing, a warranty period of 12 months applies from the date of delivery of the product. If a different warranty period has been agreed, the remaining sections of this article also apply.
2. Kas20 reserves the right to repair any defect in all cases. Therefore, Kas20 will not reimburse repairs by third parties unless it has agreed to them in writing in advance. Kas20's liability is limited to the free repair of a defective product or to (partial) replacement of that product, at Kas20's discretion.
3. By law, the buyer must prevent or limit their damage as much as possible and must maintain and treat the product properly and adequately. Deviations in color, normal wear and tear, texture, etc., may limit or exclude the right to warranty and/or compensation. This is the case if the deviations are technically acceptable according to applicable, customary standards or commercial practice. No warranty applies to deviations in wood, including shrinkage, expansion, discoloration, or other wood-related properties. Furthermore, no warranty is provided on products that were not new at the time of delivery, or on goods or parts for which a manufacturer's warranty applies.
4. Outlet items, including used products, returned items, and showroom models, are offered at a reduced price and fall outside our standard return policy. These items cannot therefore be returned or exchanged. Outlet items may show signs of wear, minor damage, or other aesthetic imperfections; these characteristics do not constitute grounds for complaint. Any warranty on outlet items is limited and applies only to the extent expressly stated by us in advance. No warranty is provided for any previously known and communicated defects. By purchasing an outlet item, the customer expressly agrees to the condition of the item and the associated limitations in the return and warranty policy.

Article 13 Liability

1. To the extent legally permitted, Kas20's liability for damage caused by defects in the delivered products is limited to the net invoice amount of the delivered goods, unless the consequences of this exemption are demonstrably unreasonably onerous for the purchaser.
2. Kas20 is never liable for indirect damage, including damage to third parties or loss of profits, unless the consequences of this exemption are demonstrably unreasonably onerous for the purchaser.
   

Article 14 Complaints

1. Complaints must be reported to Kas20 in writing immediately upon discovery. This can be done up to 14 days after delivery. The buyer must inspect the products for visible defects immediately upon receipt. Complaints reported after 14 days are no longer required to be processed by Kas20, unless there is a latent defect. If submission within this period is not reasonably possible, the 14-day period applies from the moment the defect was discovered or could have been discovered. The complaint must include a description of the complaints and the defects found.
2. Complaints that arise as a result of adjustments or work carried out on the product, or against the advice of Kas20, do not have to be dealt with by Kas20.

Article 15 Applicable law

All offers, agreements and their execution are exclusively governed by Dutch law.