Registered with the Chamber of Commerce under CoC number: 95772375
Article 1: Applicability
1.1 These general terms and conditions (hereinafter: "the Terms") apply to all offers, agreements, and (future) transactions between erthouse B.V., trading under the name erthouse, and the Customer (hereinafter: "the Customer").
1.2 The applicability of any terms and conditions of the Customer is expressly rejected. In case of any conflict between the agreement and the Terms, the agreement will prevail.
1.3 These Terms remain in effect for all future agreements between erthouse and the Customer, unless agreed otherwise in writing.
1.4 The term "in writing" in these Terms also includes electronic communication (e.g., email), but excludes text messages or similar platforms.
Article 2: Offers and Agreement
2.1 All offers and quotations made by erthouse are non-binding, unless expressly stated otherwise. An offer expires if it is not accepted within the specified period or if the product or service is no longer available.
2.2 erthouse is not bound by an offer if the Customer can reasonably determine that the offer contains a manifest mistake or error.
2.3 An agreement between erthouse and the Customer is formed when erthouse has issued a written confirmation of the agreement or sent an order confirmation. Deviations from the offer do not bind erthouse unless expressly stated otherwise.
2.4 All documents provided by erthouse, such as quotes and drawings, remain the property of erthouse and may not be shared or copied without permission from erthouse.
Article 3: Financial Terms
3.1 All prices are in euros, unless agreed otherwise in writing, and are exclusive of VAT and other applicable governmental charges, unless expressly stated otherwise.
3.2 Payment must be made in full prior to delivery, unless otherwise agreed. In case of payment default, the Customer will be in default and liable for statutory interest from the due date of the invoice.
3.3 If erthouse incurs costs due to the Customer's failure to comply with the payment terms (e.g., collection costs), these costs will be borne by the Customer.
3.4 All claims of erthouse become immediately due and payable in the event of the Customer's bankruptcy, suspension of payments, or liquidation.
Article 4: Delivery of Products and Services
4.1 General Delivery Terms
erthouse strives to meet the agreed delivery times as best as possible. All delivery times are indicative, unless otherwise agreed in writing. Delay in delivery does not entitle the Customer to compensation. If the delivery time is exceeded, the Customer must notify erthouse in writing and allow a reasonable period of at least 6 weeks for delivery. The Customer may not cancel or refuse the agreement in case of delayed delivery, unless otherwise agreed in writing.
4.2 Delivery of Products
Unless otherwise agreed, products will be delivered Ex Works Warehouse in Moergestel (Incoterms 2020). If the Customer refuses to accept the products, the costs for return shipment and storage will be borne by the Customer. The Customer is obligated to accept the products immediately when they are made available. In case of non-acceptance, the products are deemed delivered at the moment they are made available.
4.3 Delivery of Services
Services will be considered delivered when erthouse has indicated that the service has been performed according to the agreement, or when the Customer approves or starts using the service. If the Customer does not provide written approval, the service will be deemed completed if the Customer does not provide written comments within 8 days.
Article 5: Right of Withdrawal for Consumers
5.1 If the Customer is a consumer (a natural person acting outside the course of a profession or business) and is located in the European Union, they have the right to withdraw from the agreement within 14 days, without providing any reason. The period begins the day after the receipt of the product.
5.2 During the withdrawal period, the consumer must handle the product and packaging with care. The product may only be opened or used to the extent necessary to assess its nature, characteristics, and functioning.
5.3 The consumer must return the product to erthouse within 14 days after withdrawal, at their own expense, and in its original condition and packaging (if reasonably possible).
5.4 The consumer is only liable for the depreciation of the product that results from handling it beyond what is necessary to establish its nature, characteristics, and functioning.
5.5 The right of withdrawal does not apply to custom-made products or products manufactured according to the consumer's specifications.
Article 6: Trial Placement
6.1 At the Customer's request, erthouse may carry out a trial placement of products, where the products and accessories are placed in a room of the Customer for visualization purposes.
6.2 erthouse is entitled to charge up to two-thirds of the catalog value of the products (including VAT) in advance as financial security for the trial placement.
6.3 The Customer is responsible for loss, damage, theft, or disappearance of the products during the trial placement and must provide adequate insurance. The maximum liability of the Customer is equal to the catalog value of the products, including VAT.
6.4 If the Customer decides to keep the products, they will be invoiced, including transport and installation costs, if applicable.
Article 7: Performance of the Agreement
7.1 erthouse commits to performing the agreement carefully and in accordance with agreed professional standards, using modern techniques.
7.2 The Customer is required to provide all necessary information in a timely manner. If the Customer fails to do so, erthouse has the right to suspend the performance of the agreement and charge additional costs.
7.3 In case of incorrect or incomplete data, erthouse may terminate the agreement, in whole or in part.
Article 8: Changes to the Agreement
8.1 Changes requested by the Customer after the agreement has been concluded may lead to adjustments in price and/or delivery time. The Customer is responsible for the costs of these changes.
8.2 In the absence of written instructions regarding changes, erthouse reserves the right to demand payment.
Article 9: Suspension
9.1 erthouse has the right to suspend the performance of the agreement or terminate it if the Customer fails to meet any obligation under the agreement.
9.2 In the case of suspension, the Customer is obligated to immediately pay all outstanding amounts, and erthouse may claim compensation for damages.
Article 10: Products
10.1 All products are delivered "as is," and erthouse does not provide any guarantees regarding the condition, quality, suitability for a particular purpose, or other properties of the products.
10.2 The Customer acknowledges that the products may not be new and may require repairs or adjustments.
Article 11: Complaints
11.1 Complaints regarding specific products or services do not relieve the Client of any obligations related to other products or services.
11.2 The Client must inspect all deliveries immediately upon acceptance to ensure that the products are in good condition and compliant with the agreement.
11.3 Minor deviations, customary industry variations, and differences in quality or performance do not constitute valid grounds for complaints.
11.4 Complaints do not justify any delay in payment obligations by the Client.
11.5 erthouse must be given the opportunity to verify the Client's claims regarding non-conformity. The acknowledgment of a complaint does not imply acceptance of liability.
11.6 Any complaints regarding products or services, including invoiced amounts, must be submitted to erthouse in writing within 14 days of acceptance.
11.7 The Client cannot claim rights under this article if the product in question has been used, modified, or repaired by the Client or a third party.
11.8 If erthouse determines a complaint is valid, it will, at its discretion, restore or replace the faulty products or issue a credit, but there is no obligation for additional compensation.
11.9 Complaints related to hidden defects must be reported immediately upon discovery, but no later than 14 days after the guarantee period expires.
11.10 If a complaint is deemed unfounded, erthouse reserves the right to charge the Client for services performed or products delivered at standard rates.
Article 12: Retention of Title and Lien Rights
12.1 All delivered products remain the property of erthouse until the Customer has fully complied with all obligations under the agreement.
12.2 erthouse has the right to reclaim products under retention of title if the Customer fails to meet their obligations.
12.3 The Customer must insure products under retention of title against damage, loss, or theft.
Article 13: Confidentiality
13.1 Both parties must keep all acquired information confidential, unless stated otherwise.
13.2 Confidentiality continues even after the agreement ends.
13.3 Information is not confidential if it’s publicly available or obtained from a third party legally.
13.4 Both parties must handle all information carefully and use personal data only to fulfill the agreement.
13.5 Breach of confidentiality is allowed only by law, court decision, or mutual consent.
13.6 No compensation or termination is allowed if confidentiality is breached.
Article 14: Governing Law and Jurisdiction
14.1 All agreements made by erthouse are governed by Dutch law, excluding any provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless
14.2 Any disputes between erthouse and the Client related to these Terms and Conditions shall be resolved in the first instance by the District Court Den Bosch North Brabant, unless mandatory law dictates otherwise.
14.3 This is without prejudice to erthouse's right to initiate legal proceedings against the Client in any other competent court.
Located at Scherpenheuvelstraat 37, 5017 AR, Tilburg, Netherlands