General Terms and conditions
These General Terms and Conditions are applicable to all orders placed with Metalbird VOF. Should you need a copy of these General Terms and Conditions, we would be willing to send you one. The current General Terms and Conditions are registered with the Chamber of Commerce in Amsterdam. The last version always applies, or in special cases the version as applicable when ordering. These General Terms and Conditions apply to both consumer sales as non-consumer sales.
Article 1. The identity of Metalbird VOF
Metalbird VOF, Jan de Beyerhof 34, 1191 EN Amsterdam, the Netherlands, phone number: +31 (0)655557550, e-mail: info@Metalbird.nl. Account number NL09 RABO 0131 3453 62 attn. Metalbird VOF in Amsterdam, The Netherlands, BIC: RABONL2U, VAT NL8528.38.311.B.01.3240 and Chamber of Commerce number: 58022325.
Article 2. Acceptance of the General Terms and Conditions
– The present General Terms and Conditions apply to all offers and agreements between Metalbird VOF and another party (the Customer), as far as parties have not explicitly waived these present General Terms and Conditions in writing.
– The present General Terms and Conditions also apply to agreements with Metalbird VOF if and when it involves third parties to perform the order.
– Possible deviations from these General Terms and Conditions are only applicable if and when explicitly agreed upon in writing.
Article 3. Order confirmation
– All offers are without obligations and take place in writing, in whatever form. Every offer contains a signed date or date and can therefore be reduced to date.
– Metalbird VOF is exclusively bound to offers if and when the Customer’s acceptance takes place within 30 days, preferably in writing. All prices are including VAT.
– Metalbird VOF accepts and performs the order as soon as the bank of Metalbird VOF confirms the payment.
– Metalbird VOF cannot be obliged to abide by its offers if the Customer, in all fairness and according to generally accepted practice, could have known that the offer or a part of it contains an evident mistake, omission or error.
– If (on subordinate points) the acceptance deviates from the offer as included in the order, Metalbird VOF is not obliged to abide by it. In this case, the agreement does not originate in accordance with this deviant acceptance, unless Metalbird VOF indicates otherwise.
– Metalbird VOF is authorized to – within a legal framework – inquire about the Customer’s ability to comply with its payment obligation, as well as after the facts and factors that are important to a responsible origination of a distance agreement. If, based on this investigation, Metalbird VOF has good reasons not to enter into the agreement, the Customer is entitled to reject an order or request with sufficient substantiation, or to apply special conditions to the performance of the order.
Article 4. Right of withdrawal
– When purchasing products, the Customer is entitled to dissolve the agreement without stating reasons within 7 workdays after the purchase. This reflection period starts at the day after the Customer receives, or after a representative that the Customer appointed and informed Metalbird VOF about, receives the product.
– During this reflection period, the Customer will handle the product and its package with care. The Customer only unwraps or uses the product to the extent as necessary to assess if the Customer wants to keep the product.
– If the Customer uses its right of withdrawal, the Customer returns the product to Metalbird VOF with all delivered accessories and – if possible in all fairness – in the original state and package, in conformity with the fair and clear instructions Metalbird VOF provided.
– If the Customer uses its right of withdrawal, the only costs the Customer will incur are the costs to return the product.
– If the Customer has paid an amount, Metalbird VOF refunds this amount as soon as it can, though within 30 days after the return or revocation.
– An exclusion of the right of withdrawal is only possible for products that: a) Metalbird VOF has created in correspondence with the Customer’s specifications; b) are clearly personal; c) cannot be returned due to their nature.
Article 5. Prices
– The total amount that is stated at the shopping cart, on the offer or on the invoice, is final and includes the prices of the ordered products, their process, packaging and their transport.
– All prices and transport costs for consumer sales are stated in Euros, including VAT. Deviant stipulations with regard to VAT can be applicable to non-consumer sales.
– Metalbird VOF only sends a separate invoice to an address the Customer has indicated at the explicit request of the Customer.
– No tax refunds take place.
Article 6. Delivery
– Metalbird VOF makes every effort to, as soon as the order is accepted and a confirmation of the payment is received, deliver the order to the address that the Customer has indicated.
– An external party delivers the ordered products. If it concerns an order outside the EU, the Customer is responsible for the import levies in its country.
– The Customer bears all costs regarding the delivery.
– The Dutch government charges the shipping costs within Europe with the applicable VAT tariff.
– If the Customer rejects to receive the products or remains in default to provide instructions or information regarding the delivery of products, the Customer bears the possible extra costs for a new delivery or storing the products.
– Every delivery date that Metalbird VOF possibly mentions is only without reservations. Depending on the country, the delivery time can vary from four (4) to thirty (30) workdays.
Article 7. Guarantee
– Metalbird VOF guarantees that the ordered products comply with the usual quality and expectations, and that it will make every effort to make sure that the stated products will be handled with the utmost care so the products comply with the description as visible at the website and the time the order was placed.
– Metalbird VOF does not guarantee products of which it is clear that a) the defect has been caused by inexpedient or incorrect use; b) when the Customer or third parties have applied changes to the products, or tried to apply changes to the products, without informing Metalbird VOF or without a written confirmation from Metalbird VOF; c) if the products are used for goals for which the products are not intended.
– Metalbird VOF accepts no liability for the wall system, nor does Metalbird VOF accept liability for other possibilities to use or apply the product.
Article 8. Receipt
– As soon as the ordered products are delivered, or at least within the shortest time possible, the Customer is to check if everything is correct. The Customer has to check if both the quality as the amount of the delivered products correspond to what the Customer and Metalbird VOF agreed, or at least comply with the requirements that are applicable in the common practice.
– Possible visible deviations and / or defects have to be reported to Metalbird VOF within 48 hours by means of an e-mail. This report is to contain a clear description of the deviation and / or defect, as well as the number of the packing note.
– If the Customer wants to return aforementioned products, the Customer has to contact Metalbird VOF. The products can only be returned at the Customer’s own expense, and only if Metalbird VOF has agreed with this return.
– Exclusion of the right of withdrawal is only possible for products that: a) Metalbird VOF has created in correspondence with the Customer’s specifications; b) are clearly personal; c) cannot be returned due to their nature.
Article 9. Risk transfer
– The risk of lost or damaged products that are subject to the agreement is transferred to the Customer at the moment the products are delivered to the Customer, and with that are under the power of the Customer or a third party the Customer appoints.
Article 10. Payment
– Payment to Metalbird VOF is to take place before delivery, unless agreed upon otherwise.
– The process and shipment of the ordered products takes place after the bank has confirmed the payment.
– The following information is needed: address, postal code, phone number, e-mail, payment data and shipment address if it deviates from the address stated first.
– Then you will receive an automatically generated email with a number to contain your order.
– No information is transferred to third parties in correspondence with the Data Protection Act; an exception to this are parties that are involved in the order.
Article 11. Right of retention and retention of title
– In case of non-payment or no timely payment, Metalbird VOF appeals to its right of retention. Metalbird VOF preservers its retention of title as long as no payment of the delivered products has taken place.
Article 12. The right to terminate the agreement
– For 7 days after receiving the products, the Customer is entitled to terminate the purchase without stating reasons. Metalbird VOF has to be informed about this in writing. The Customer bears all costs to return the products.
Article 13. Copyrights
– Metalbird VOF preserves all its rights and authorities that it is entitled to with regard to the stipulations regarding intellectual property.
– The design of the web shop, photos, drawings, sketches, films, software and all the other material, under which (electronic) files, remain the possession of Metalbird VOF. This also applies to materials that the Customer or third parties are provided with, unless explicitly agreed upon otherwise in writing.
– Should the Customer use the aforementioned materials, this use is only preserved to the Customer and the Customer will not multiply, publish or send these materials to third parties without written authorization from Metalbird VOF.
Article 14. Liability
– If the products that Metalbird VOF delivers are not in a good state, the liability of Metalbird VOF towards the Customer is limited to which is stated in the General Terms and Conditions under “Article 7. Guarantee”.
– If the producer of the delivered products is responsible for consequential loss, the liability of Metalbird VOF is only limited to replacing this (or these) product(s), and / or to refund the purchase price.
– The Customer itself is responsible for choosing the products. Metalbird VOF is not liable if the damage is caused by intent, gross negligence and / or culpable use by the Customer.
– Metalbird VOF is not liable for a wrong and / or delayed process of order data of products and notifications to the Customer, as a consequence of using the internet or any other means of communication between the Customer and Metalbird VOF, and the possible damage originating from it.
Article 15. Force majeure
– Metalbird VOF, nor the Customer, is kept to observe with any commitment if Metalbird VOF or the Customer is hindered to do so as a result of circumstances that are not caused by intent, and nor by law, a legal act or generally accepted practice.
– In these General Terms and Conditions, force majeure means – besides which is included according to law and case law – all external causes, anticipated or not anticipated, that Metalbird VOF has no influence on but that does impede Metalbird VOF to observe with its commitments.
– Metalbird VOF also preserves its right to appeal to force majeure if the aforementioned circumstances take effect after Metalbird VOF should have observed with its commitments.
– If Metalbird VOF, in case of force majeure, has the possibility to deliver another product, the Customer can return the product and wait for a different product. The Customer bears the shipment costs.
Article 16. Indemnity
– The Customer indemnifies Metalbird VOF against claims from third parties if these relate to intellectual property rights regarding materials or data the Customer provided and which are used to perform the order.
– The Customer also guarantees that possible data carriers, electronic files, software, etc. that the Customer provides Metalbird VOF with do not contain viruses and defects.
Article 17. Complaints
– Complaints have to be sent to the address of Metalbird VOF, which is Jan de Beyerhof 34, 1191 EN, Ouderkerk aan de Amstel, the Netherlands.
Article 18. Disputes
– All disputes have to be sent to the Court of Amsterdam.
Article 19. Applicable law
– Dutch law applies to all agreements between Metalbird VOF and its Customers.
– In case of translated versions, the original Dutch text of these General Terms and Conditions prevails.