General conditions
Article 1. Definitions
1.1. In these general terms and conditions, the following terms are used in the following meanings unless expressly stated otherwise or the context indicates otherwise:
Fabryk Design: the user of these general terms and conditions: Fabryk Design located at Hoofdstraat 89 in Zenderen, registered with the Chamber of Commerce under Chamber of Commerce number 89276310;
Customer: the other party entering into an agreement with Fabryk Design;
Agreement: the agreement between Fabryk Design and the client is posted on the site;
Website: the website www.fabrykdesign.nl, operated by Fabryk Design.
Article 2. General
2.1. These general terms and conditions apply to any agreement between Fabryk Design the client Fabryk Design has declared these general terms and conditions applicable.
2.2. The present general terms and conditions shall also apply to all agreements with Fabryk Design, the execution of which requires the involvement of third parties.
2.3. The applicability of any purchase or other conditions of the customer is expressly rejected.
2.4. If one or more of the provisions of these general terms and conditions are null and void or may be voided, the remaining provisions of these general terms and conditions shall remain in full force and effect. Fabryk Design and the client will then consult to agree on new provisions to replace the void or voided provisions, where if and to the extent possible the purpose and intent of the original provision are observed.
Article 3. Offers and quotations
3.1. All offers and quotations are without obligation unless otherwise indicated.
3.2. The Fabryk Design stated prices are in euros and exclusive of VAT and exclusive of any shipping costs.
3.3. Offers or quotations do not automatically apply to future orders.
3.4. Images, prices and other information provided by Fabryk Design are subject to change and do not bind Fabryk Design.
3.5. Fabryk Design is not bound by its offer if there are printing, typesetting or programming errors in its catalogs, mailings or on the website.
3.6. The assortment offered on the website is subject to change.
Article 4. Images and products
4.1. All images, drawings, data, regarding dimensions, colors, etc. of the offered products included on the website, in leaflets or in other publications, are only approximate and cannot be a reason for compensation and/or dissolution.
4.2. Offered products may be made of natural materials. Images of such products are to be considered indicative only, so color and texture variations are permissible.
4.3. If the customer composes the product himself, then the customer is responsible for the final design of the product.
4.4. One component of the products is the wood. This is a natural product and may warp Fabryk Design cannot be held liable for this.
Article 5. Establishment of the agreement
5.1. The agreement is concluded after the customer completes the entire ordering procedure via the website or at the time of acceptance by the customer of Fabryk Design’s offer.
5.2. After the agreement is established through the website, Fabryk Design sends the customer an order confirmation via e-mail Fabryk Design has received the order.
Article 6. Delivery
6.1. Furniture is delivered as a kit if it is included in the description.
6.2. Fabryk Design will have all products shipped to the customer late.
6.3. The delivery times specified by Fabryk Design are not to be regarded as deadlines.
6.4. In the event that a delivery period agreed by Fabryk Design with the client is exceeded as a result of an event, which is in fact beyond its control and cannot be attributed to its acts and/or omissions, this period shall be automatically extended by the period it was exceeded as a result of such event.
6.5. The amount of shipping costs will be communicated to the customer separately, prior to the time of ordering.
Article 7. Right of Withdrawal
7.1. The customer has the right in a period of 14 days to register return and then another 14 days to return after receipt of the product, the agreement without giving any reason to dissolve and return the delivered product, If you exercise your right of withdrawal, the product will be returned to the entrepreneur with all supplied accessories and – if reasonably possible – in its original condition and packaging. Should the product be damaged or the packaging damaged more than necessary to sell the product, we may pass this depreciation of the product on to you. So please treat the product with care and make sure it is properly packaged when returning and will then refund any money already paid within 14 days of receiving the product. Upon delivery of the ordered product, the customer is informed in writing of the requirements for exercising the right of rescission.
7.2. If the customer dissolves the agreement in accordance with paragraph 1 of this article, the shipping costs associated with returning the product shall be borne by the customer. These charges apply both to delivery to the customer and return to Fabryk Design.
7.3. Paragraph 1 of this article does not apply if the delivered product was manufactured to the customer’s specifications. This is the case, for example, if the customer has assembled a piece of furniture himself.
Article 8. Complaints
8.1 Fabryk Design has a sufficiently publicized complaint procedure and will handle the complaint in accordance with this complaint procedure.
8.2. Fabryk Design complaints submitted will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Fabryk Design will respond within 14 days with a notice of receipt and an indication
When the consumer can expect a more detailed response.
8.3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.
8.4. In case of complaints, a consumer should first turn to Fabryk Design. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting Webwinkelkeur (www.webwinkelkeur.nl), which will mediate free of charge. Complaints can be filed with the European ODR platform.
8.5. A complaint does not suspend Fabryk Design’s obligations unless Fabryk Design indicates otherwise in writing.
8.6 If a complaint is found to be justified by Fabryk Design, Fabryk Design will, at its option, either replace or repair the delivered products free of charge.
Article 9. Payment
9.1. The customer can pay for the product ordered through the website using iDEAL.
Article 10. Liability
10.1. Fabryk Design cannot be held to compensate any damage, which is a direct or indirect result of an event, which is in fact beyond its control and thus cannot be attributed to its actions and/or omissions.
10.2. The colors seen on the customer’s screen may differ from the actual colors of the product Fabryk Design is not liable for such color variations.
10.3 Fabryk Design is not liable for damages of any kind, Fabryk Design has relied on incorrect and/or incomplete data provided by the client.
10.4. Fabryk Design is not liable for any accidents with the product or damage to the product, for example, due to incorrect or incompetent use or use contrary to the user manual or instructions provided by Fabryk Design.
10.5. Fabryk Design shall never be liable for indirect damages, including consequential damages, lost profits, missed savings and damages due to business interruption.
10.6. If Fabryk Design should be liable for any damages, Fabryk Design’s liability shall be limited to the amount paid by Fabryk Design’s insurer. If in any case the insurer does not pay out or the damage is not covered by the insurance, Fabryk Design’s liability is limited to the invoice amount, at least to that part of the agreement to which the liability relates.
10.7. The limitations of liability contained in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Fabryk Design or its subordinates.
Article 11. Force majeure
11.1. In the event of force majeure Fabryk Design is not obliged to compensate the damage caused to the client as a result, except and insofar as Fabryk Design has had an advantage as a result of the force majeure situation that it would not have had in the event of correct performance.
Article 12. Intellectual property rights
12.1. The customer must fully and unconditionally respect all intellectual property rights vested in the products supplied by Fabryk Design. 12.2. Without Fabryk Design’s prior written or electronic consent, the customer may not copy, forward, distribute, reproduce or publish any information, texts, logos, trademarks, trade names and images obtained through the website.
Article 13. Secrecy
13.1. Both parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been communicated by the other party or results from the nature of the information. The party receiving confidential information will use it only for the purpose for which it was provided.
Article 14. B2B Sales
14.1 As a buyer with Fabryk Design, you will be given a B2B account to be used exclusively for your business.
14.2 A B2B customer shall carry the prices as indicated by Fabryk Design and may give discounts only in the specified periods.
14.3 The sale of our products may only be through your own platform, read webshop or store/showroom. It is not permitted to sell them through third-party platforms.
14.4 By purchasing from Fabryk Design, you agree to our terms and conditions.
