Pink Faun B.V. general terms of sale for private sales (v.1)

1. Applicability:

a. Definitions:
- Seller: Pink Faun B.V. and its mandatory(ies), acting in the exercise of the business of Pink Faun B.V.;

- Consumer: , a natural person not acting in the exercise of a profession or a business, to whom seller listed to deliver one or more products or rendering of service (s);

- Agreement: an agreement made in the Netherlands between seller and consumer to purchase concluded orally or in writing or a Commission contract to provision of a service, and all consequent obligations;

- Guarantee: each commitment made by seller to consumer at no extra costs to replace the purchased movables or restore, or to care for, if the goods do not correspond to the description in the guarantee certificate.

b. These general terms and conditions apply to all offers, orders and agreements between seller and consumer, unless by written agreement with different terms and conditions explicitly agreed by consumer.

c. With the consumers acceptance of an offer or enter into an agreement with seller, seller may reasonably assume consumer has accepted the applicability of these conditions. Seller shall endeavor to inform consumers to the applicability of these terms and conditions, to refer to, or to hand these to consumer.

d. To all agreements between seller and consumer the Dutch law is applicable. If and to the extent that one of the following conditions is contrary to a statutory provision within the Dutch law, the remaining terms and conditions fully apply.

2. Deals:

a. All offers made by the seller, quotations and quotes related to movable property or a service to deliver, in whatever form, are non-binding. If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.

b. The information provided in writing by the seller or in digital form about product specifications, pictures, price lists, brochures, printed matter and so on are subject to change or may contain inaccuracies and are therefore not valid as offer or quotation. Any offer of the seller is no longer valid than the period of being at the time of to the offer applied pricelist. 

c. Unless otherwise noted, all prices in the offers of the seller are listed in euros, excluding VAT and excluding shipping and handling, delivery, and installation in consumers home. Used goods are no subject to VAT (margin scheme), unless seller states otherwise. All offers of the seller are based on the current offers, (dealer) prices, the material costs, exchange rates, wages and taxes. In case of increase of one or more of the cost factors, the seller is entitled to increase the prices accordingly, regardless of whether the change was or was not foreseeable at the time of the conclusion of the agreement.

3. Conclusion of agreements:

a. Agreements between seller and consumer to deliver one or more movables and/or services are made by seller after oral or written acceptance of the offer or quotation made by the seller. Seller seeks to confirm every agreement with consumers in writing as soon as possible.

b. Seller reserves the right to refuse accepting one or more deals by consumer without giving any reason, to demand payment in advance or security, or to connect certain special conditions to the agreement.

4. Terms Of Delivery:

a. Deadlines and dates of delivery are approximate and are determined on the basis of the facts and circumstances known at the precise moment of conclusion of the agreement between seller and consumer. Exceeding the delivery time specified by the seller (s), for any reason whatsoever, never gives consumers the right to:

- compensation or any breach of any obligation under the agreement;

- termination of the contract, without prejudice to the rights of consumers under Title 5.5 Book 6 Civil Code.

b. Consumer is obliged to purchase specific movable property which is not default to seller in stock and what so exclusive to consumer are purchased or ordered, or movable property which is specifically commissioned for consumer to be custom manufactured or modified. When mandatory consumer is obliged to compensate seller with at least 50% of the agreed net selling price of these not decreased movables.

c. Seller retains full ownership of the movable property supplied to consumers, until the moment the entire payment has been received by seller. Up to this moment consumer is not entitled to lend, sell, lease, encumber with a right in rem or in any other way to exploit the received goods or display the management. Consumer is obliged to inform seller immediately about any alleged claim of third parties on the movables as long as this is sellers property.

d. Failure to timely performance of the consumer under the contract obligations concluded with seller, seller keeps the full right to:

- fully suspend its obligations under any (other) contracts concluded with consumers (with due observance of the statutory provisions in title 1, section 7 and title 5, section 5, book 6 of the Dutch Civil Code);

- return its obligation by the seller to the consumer to suspend issued movables (lien, subject to the statutory provisions of Title 10, Section 4, Book 3 Dutch Civil Code);

- close partially or completely terminate the agreement with consumer (with due observance of the statutory provisions of title 5, section 5 book 6 of the Dutch Civil Code);

- recover the movable property supplied to consumers from sale (right of reclaim, with due observance of the statutory provisions of title 1, section 8 book 7 of the Dutch Civil Code).

e. If and to the extent that seller claims the right to suspend, to reclaim its attributable, to terminate the agreement or recover the movable properties, seller shall communicate to the consumer as soon as possible on what grounds the suspension, dissolution and/or recovery takes place, whether or not to specify the conditions under which consumer can meet to his/her obligations.

5. Terms Of Payment:

a. Payment for goods delivered or services rendered (including repairs, modifications and work on location) shall be made simultaneously on delivery to consumer CQ immediately after termination of the service provided, or at the latest within fourteen days of the invoice date.

b. By way of derogation from (a.) seller may establish other payment terms with consumer by written agreement.

c. If the amounts due to seller shall be met by the seller within the prescribed payment period, consumer will (without any notice of default being required) in default by operation of law. Consumer is from then on to pay statutory interest on the outstanding amount to the seller. If no payment term has been established by contract, seller has the right within a reasonable period of time (i.e. 30 days after conclusion of the contract) to comply consumer with the payment term in default and legally to impose consumer to set simultaneously, and notwithstanding the legal provisions of section 9 of book 6 Dutch civil code.

d. If the consumer after notice fails to pay the claim, the claim for collecting may be passed to a third party, in which case consumers will have to pay in full judicial and extrajudicial collection costs, the amount of which shall be at least 15% of the total amount with a minimum of € 50.00. Payments are first deducted from the already due (extra) judicial and legal collection costs, then to the principal of the oldest outstanding claim.

6. Compliance and warranty:

a. Seller warrants that the goods and services supplied meet the agreement with consumer and the reasonable requirements of reliability and/or usability and at the time of conclusion of the contract existing legal provisions and/or Government regulations.

b. All unused and in new condition movable property seller offers are shipped with the standard of the supplier and / or manufacturer of these movables provided by (factory) guarantee (s).

c. Movable property used (second hand) in accordance with the warranty conditions laid down by the seller on used products beholds a warranty period of six months, unless otherwise agreed with consumer in writing.

d. The services provided by the seller on repairs and modifications to movable property beholds a warranty period of six months, unless otherwise agreed with consumer in writing.

7. Trade in goods:

a. Consumer declares by signing that he has no sales tax charged. Regarding the traded goods to him in the whole deduction.

8. Additional or different terms:

Additional derogations from these general terms and conditions must not be in disadvantage for the consumer, must be presented adequately to consumer and properly documented.