Terms and Conditions of Sale

Article 1 Definitions

In these general terms and conditions the following terms shall have the following meanings:

1. Kas20: the private limited company De wooncontainer BV, established and having its registered office at (1424NW) Noorddammerweg 35, De Kwakel, the Netherlands (Chamber of Commerce number 77299671 VAT number NL860963548B01, telephone 020 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, agreements concluded and services and actions performed and to be performed. The applicability of additional/deviating general terms and conditions used by the purchaser 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 offers that do not specify a validity period are without obligation. Any obvious errors, such as incorrect price indications and calculation and writing errors, on the Kas20 website, in advertisements, in offers and quotes, publications, order confirmations or other documents from Kas20 are not binding.
2. Kas20 may assume the correctness and completeness of data or drawings and the like 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, whereby costs can be charged. If changes need to occur, the buyer must report this in writing 5 days after the agreement (payment).
4. In the case of a business customer, Kas20 is entitled to continue to fulfil 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 case of customization, minimal deviations in dimensions are permitted. As for the manufacturing of wooden products, deviations of up to 3% are permitted, unless expressly agreed otherwise.
   
3. A margin of 1-2% is maintained in difference when it comes to the height of tables.
4. The ceramic tops are all unique and the pattern/colour may differ from what is shown on the website. If you choose a facet/base plate, pressed wood is placed under the ceramic.
5. There are different materials with different finishes. Oak veneer (layer of solid oak on pressed wood), solid oak, solid walnut and patterns (mosaic, herringbone, star and Hungarian point, in which a layer of solid oak is placed on pressed wood) with a table in this material, each table is unique and the tables can differ from the showroom model in color, amount of knots or finish.

Article 5 Retention of title and intellectual property

1. Kas20 remains the owner 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 normal business operations of the buyer require that products be transferred.
2. The offers, designs, images, drawings, models and the like made by Kas20 are subject to copyright and intellectual property rights of Kas20, unless otherwise agreed in writing.

Article 6 Delivery time

1. The delivery time is stated approximately. When determining the delivery times, Kas20 assumes that it can execute 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, all necessary data is in the possession of Kas20 and, if agreed, the down payment has been received.
3. Kas20 undertakes to adhere to the delivery time specified 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 pay any compensation, nor does it give the purchaser the right to terminate the agreement.

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 obliged to provide adequate insurance.
2. Damage to the customer's property caused by (employees of) Kas20 must be fully and clearly described and submitted on the receipt to Kas20, failing which the customer is deemed to have received the purchased goods without damage. If there is no opportunity to inspect the delivered goods upon delivery, this must be noted by the customer on the receipt.

Article 8 The delivery

1. The purchaser is obliged to ensure that the place where the delivery is to take place is accessible and that, to the extent possible for him, everything possible is done to enable a smooth delivery. Furthermore, the purchaser must ensure that the place where the delivery is to take place can be properly closed off.
2. If the place where delivery is to take place is not accessible at the time of delivery, for example because the dimensions of the purchased goods prove to be too large to reach that place, this will be at the expense of the purchaser and any resulting freight costs, storage costs and the like will be at the expense of the purchaser.
3. The purchaser must inform Kas20 prior to concluding the agreement if the use of resources such as a tackle or crane is necessary for a proper delivery. In that case, the agreement will stipulate at whose expense and risk the special resources will be. In the event of incorrect or incomplete information by the purchaser, the costs of using special resources will be at his expense.
4. Chairs must be assembled by the purchaser.
   
5. If the customer cannot be reached 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 taken and there is no question of a defective delivery, Kas20 will make a second delivery within a reasonable period. After refusal or after a second delivery, Kas20 is entitled to charge the purchaser for storage costs and any further damage and costs.
2. If the second delivery is also not accepted and this can be attributed to the buyer, Kas20 will demand compliance with the agreement in writing, whereby the buyer will be granted a period of up to 30 days to still collect the goods. In this case, Kas20 is on the other hand entitled to (partially) dissolve the agreement, in which case the buyer is obliged to compensate Kas20 for the damage suffered.

Article 10 Payment

1. Payment must be made in euros. The prices used by Kas20 state whether they are inclusive or exclusive of VAT.
2. If sales are made via the webshop, the buyer pays the full invoice amount including transport costs when placing the order. In deviation from this, it is possible to choose to pay 50% of the purchase price including transport costs when placing an order and 50% upon delivery. If Kas20 carries out a delivery in parts in execution of an agreement, it is entitled to demand payment for the delivered goods with each partial delivery. The buyer receives a partial invoice for each partial delivery.
3. All payments must be received by the purchaser without any set-off within two weeks after the invoice date. Payment must be made in full before delivery. The purchaser is in default by operation of law if the payment term expires and is therefore liable for the statutory interest pursuant to article 6:119 of the Dutch Civil Code. The business purchaser is liable for the statutory commercial interest pursuant to article 6:119a of the Dutch Civil Code for the period in which he is in default with the 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 has occurred, in which he is requested to pay within a period of fourteen days, starting on the day after the reminder. The consumer is also informed that he will owe extrajudicial collection costs if payment is not made, and the amount of the collection costs is stated.
5. Kas20 is authorized to proceed to collect the amount due without further notice of default. In that case, Kas20 is authorized to engage third parties for collection. In that case, the purchaser is also liable for extrajudicial collection costs, the amount of which is determined on the basis of the Extrajudicial Collection Costs Standardization Act and associated decision.

Article 11 Revocation/termination of the agreement

1. The majority of the goods manufactured and/or delivered by Kas20 are custom-made and not prefabricated. This refers to all items manufactured in the Kas20 factory. This includes all tables, benches, coffee tables, cabinets, TV furniture and custom-made wall shelves. This also includes seating furniture that is not made by Kas20 itself, but is custom-made in a factory. Even if there is a distance contract or an agreement outside the sales area between Kas20 and a consumer, the consumer has no right to terminate the contract, because the products are manufactured and delivered according to the consumer's specifications and/or are manufactured based on an individual choice or decision by the consumer.
2. The agreement can be terminated by mutual consent, provided that Kas20 agrees to this, without there being any shortcoming. In that case, Kas20 is entitled to compensation consisting of both loss suffered and loss of profit, estimated 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 towards the purchaser due to force majeure. If there is a non-attributable shortcoming and fulfillment is or becomes permanently impossible, the parties are entitled to terminate the agreement with immediate effect for that part of the obligations that have not yet been fulfilled. The parties are not entitled to compensation for damage suffered or to be suffered as a result of the suspension or termination within the meaning of this article.
4. If the buyer is declared bankrupt, applies for 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 the 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 delivery of the product. If a different warranty period has been agreed, the other paragraphs of this article also apply.
2. Kas20 has the right to repair any defect in all cases. Repairs by third parties will therefore not be reimbursed by Kas20, unless it has agreed to this in writing in advance. Kas20's liability is limited to the free repair of a defective product or to (partial) replacement of that product, all at the discretion of Kas20.
3. The purchaser must, according to the law, prevent or limit his damage as much as possible and must maintain and treat the product properly and adequately. Deviations in colour, normal wear, structure, etc. may limit or exclude the right to warranty and/or compensation. This is the case if the deviations are acceptable from a technical point of view according to applicable, customary standards or commercial usage. No warranty applies to deviations in wood, which is understood to mean shrinkage, expansion, discolouration or other wood-related properties. Furthermore, no warranty is given on products that were not new at the time of delivery or goods or parts for which a factory warranty has been granted.

Article 13 Liability

1. To the extent permitted by law, 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 exoneration are demonstrably unreasonably onerous for the purchaser.
2. Kas20 is never liable for indirect damage, including damage to third parties or loss of profit, 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 after discovery. This can be done up to 14 days after delivery. The purchaser must check the products for visible defects immediately after receipt. Complaints that are reported after 14 days do not have to be processed by Kas20, unless there is a hidden defect. If submission within this period is not reasonably possible, the period of 14 days applies from the moment the defect was discovered or could have been discovered. The complaint must contain a description of the grievances and discovered defects.
2. Complaints that arise as a result of adjustments or work on the product, or against the advice of Kas20, do not have to be processed by Kas20.

Article 15 Applicable law

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