Terms & Conditions
English version – Klik hier voor de Nederlandse versie
Article 1 – Definitions
- storeyourkey: established in Gouda, Chamber of Commerce no. 82450021.
- Customer: the party which storeyourkey has entered into an agreement with.
- Parties: storeyourkey and customer together.
- Consumer: a customer who is an individual acting for private purposes.
Article 2 – Applicability
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of storeyourkey.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
Article 3 – Payment
- The full purchase price is always paid immediately in the webshop. When making reservations, in some cases a deposit is expected. In that case, the consumer will receive proof of the reservation and the prepayment.
- If the consumer does not pay on time, he is in default. If the consumer remains in default, the storeyourkey is entitled to suspend the obligations until the consumer has fulfilled his payment obligation.
- If the consumer remains in default, the storeyourkey will proceed to collection. The costs related to such collection shall be borne by the consumer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- In the event of liquidation, bankruptcy, attachment or suspension of payment of the consumer, the storeyourkey’s claims against the consumer are immediately due and payable.
- If the consumer refuses to cooperate with the execution of the order by the storeyourkey, he is still obliged to pay the agreed price to the storeyourkey.
Article 4 – Offers, quotations and price
- Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that term, the offer will lapse.
- Delivery times in quotations are indicative and if they are exceeded, they do not entitle the consumer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- Offers and quotations do not automatically apply to repeat orders. The parties must agree this expressly and in writing.
- The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.
Article 5 – Right of withdrawal
- The consumer is entitled to dissolve the agreement within 14 days of receipt of the order without stating reasons (right of withdrawal). The term starts to run from the moment that the (entire) order has been received by the consumer.
- There is no right of withdrawal if the products are made to measure according to his specifications or have a short shelf life.
- The consumer can use a withdrawal form from the storeyourkey. The storeyourkey is obliged to make this available to the consumer immediately after the consumer’s request.
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and – if reasonably possible – in the original shipping packaging to the storeyourkey, in accordance with the reasonable and clear instructions provided by storeyourkey.
Article 6 – Amendment of the agreement
- If during the execution of the agreement it appears that it is necessary for the proper execution of the assignment to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
- If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected as a result. The seller will inform the consumer of this as soon as possible.
- If the amendment or addition to the agreement has financial and/or qualitative consequences, the seller will inform the consumer of this in advance in writing.
- If the parties have agreed on a fixed price, the seller will indicate to what extent the amendment or supplement to the agreement will result in this price being exceeded.
- Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to it.
Article 7 – Delivery and transfer of risk
- As soon as the purchased item has been received by the consumer, the risk is transferred from storeyourkey to the consumer.
Article 8 – Research and complaints
- The consumer is obliged to inspect the delivered goods at the time of delivery or delivery, but in any case within the shortest possible period of time. In doing so, the consumer must investigate whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least whether the quality and quantity meet the requirements that apply in normal (trade) traffic.
- Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to storeyourkey within 10 working days after the day of delivery of the goods by the consumer.
- If the complaint is declared well-founded within the stipulated period, storeyourkey has the right to either repair or deliver again, or to refrain from delivery and to send the consumer a credit note for that part of the purchase price.
- Minor and/or industry-standard deviations and differences in quality, number, size or finish cannot be invoked against storeyourkey.
- Complaints with regard to a certain product do not affect other products or parts belonging to the same agreement.
- Complaints will no longer be accepted after the goods have been processed by the consumer.
Article 9 – Samples and models
- If a sample or model has been shown or provided to the consumer, it is presumed to have been provided only as an indication, without the item to be delivered having to correspond to this. This is different if the parties have expressly agreed that the item to be delivered will correspond to this.
Article 10 – Delivery
- Delivery is made ‘ex works/shop/warehouse’. This means that all costs are for the consumer.
- The consumer is obliged to accept the goods the moment storeyourkey delivers them to him or has them delivered, or the moment these goods are made available to him in accordance with the agreement.
- If the consumer refuses to accept or is negligent in providing information or instructions that are necessary for the delivery, storeyourkey is entitled to store the item at the expense and risk of the consumer.
- If the goods are delivered, storeyourkey is entitled to charge any delivery costs.
- If storeyourkey needs information from the consumer for the execution of the agreement, the delivery time will commence after the consumer has made this information available to storeyourkey.
- A delivery term specified by storeyourkey is indicative. This is never a deadline. If the term is exceeded, the consumer must give storeyourkey written notice of default.
- Storeyourkey is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or if partial delivery does not have an independent value. Storeyourkey is entitled to invoice these parts separately in the event of delivery in parts.
Article 11 – Force majeure
- If storeyourkey cannot, not timely or not properly fulfill its obligations under the agreement due to force majeure, it is not liable for damage suffered by the consumer.
- By force majeure, the parties mean in any case any circumstance that storeyourkey could not take into account at the time of entering into the agreement and as a result of which the normal implementation of the agreement cannot reasonably be required by the consumer, such as illness, war or danger of war, civil war and riot, harassment, sabotage, terrorism, power outage, flood, earthquake, fire, business occupation, strikes, worker lockout, changed government regulations, transportation difficulties, and other disruptions in storeyourkey’s business.
- Parties furthermore understand force majeure as the circumstance that supply companies on which storeyourkey depends for the execution of the agreement, do not fulfill the contractual obligations towards storeyourkey, unless storeyourkey can be blamed for this.
- If a situation as referred to above arises as a result of which storeyourkey cannot meet its obligations towards the consumer, those obligations will be suspended as long as storeyourkey cannot meet its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
- If the force majeure lasts longer than three months, the consumer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.
Article 12 – Transfer of rights
- Rights of either party under this Agreement may not be transferred without the prior written consent of the other party. This provision applies as a clause with effect of property law as referred to in Section 3:83(2) of the Dutch Civil Code.
Article 13 – Retention of title and right of retention
- The goods present at storeyourkey and the goods and parts delivered remain the property of storeyourkey until the consumer has paid the entire agreed price. Until then storeyourkey can invoke its retention of title and take back the items.
- If the agreed amounts to be paid in advance are not paid or are not paid on time, storeyourkey has the right to suspend the work until the agreed part has been paid after all. Then there is creditor default. In that case, a late delivery cannot be held against storeyourkey.
- Storeyourkey is not authorized to pledge or in any other way encumber the items falling under its retention of title.
- Storeyourkey undertakes to insure the goods delivered to the consumer subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection on first request.
- If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, storeyourkey has the right of retention. In that case, the item will not be delivered until the consumer has paid in full and in accordance with the agreement.
- In the event of liquidation, insolvency or suspension of payment of the consumer, the consumer’s obligations are immediately due and payable.
Article 14 – Liability
- Although the product has been manufactured with great care, storeyourkey is not liable for direct and indirect damage resulting from the use of the product.
- Any liability for damage arising from or in connection with the execution of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
- Storeyourkey’s liability is not excluded for damage resulting from intent or willful recklessness on the part of storeyourkey or its managerial subordinates.
Article 15 – Complaint obligation
- The consumer is obliged to immediately report complaints about the work performed to storeyourkey. The complaint contains a description of the shortcoming that is as detailed as possible, so that storeyourkey is able to respond adequately.
- If a complaint is justified, storeyourkey is obliged to repair it properly and replace it if necessary.
Article 16 – Intellectual property
- storeyourkey retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all products, designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. ., unless the parties have agreed otherwise in writing.
- 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 permission of storeyourkey.
Article 17 – Amendment of general terms and conditions
- storeyourkey is entitled to change or supplement these general terms and conditions.
- Minor changes can be made at any time.
- Storeyourkey will discuss major substantive changes with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Article 18 – Applicable law and competent court
- Only Dutch law applies to every agreement between the parties.
- The Dutch court in the district where storeyourkey is located has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
- The applicability of the Vienna Sales Convention is excluded.
- If one or more provisions of these general terms and conditions are regarded as unreasonably onerous in legal proceedings, the other provisions will remain in full force and effect.