General terms and conditions

General terms and conditions of sale, delivery and payment of Harrie XL B.V.

Article 1 - Definitions In these terms and conditions, the following definitions shall apply:

A. Seller/entrepreneur: Harrie XL B.V. and the subsidiaries listed in the Chamber of Commerce's trade register on whose Purchase Agreements reference is made to these terms and conditions.

B. Buyer: the buyer/customer, tenderer or anyone who enters into or wishes to enter into an agreement with the entrepreneur or for whom the entrepreneur makes an offer or makes a delivery or performance. B1. Business Customer: the Entrepreneur acting in the course of a profession or business. B2. Consumer not acting in the exercise of a profession or business.

C. Delivery: actual presentation to the buyer of the agreed goods.

Article 2 - The offer

1. All quotations shall, unless the quotation indicates otherwise, be valid for 14 days from the date of the quotation. They are based on the data, drawings and measurements derived from them and any measurements made by the entrepreneur, provided by the customer orally and/or in writing. The purchaser is obliged to inform the proprietor of any facts and/or circumstances that may affect the implementation of the contract insofar as he knew or should have known about them.

2. The proprietor reserves, if and insofar as applicable, the intellectual property rights to the designs, images, drawings, samples, samples and models provided with the offer and the contract. They must be returned immediately at the proprietor's first request, without prejudice to the legal measures available to the proprietor to safeguard his rights.

Article 3 - The agreement

The down payment

A customer is obliged to make a down payment of 50% of the purchase amount at the time of concluding the agreement. In specific cases, this down payment may be increased or decreased by mutual agreement.

Price changes

Retention of title

The entrepreneur remains owner of the goods sold by him to the customer as long as the customer has not paid the total amount due under the agreement to the entrepreneur. The Buyer is obliged to ensure careful handling and does not have the right to hand over the goods to third parties or to pledge them as security or to remove them or have them removed from areas where they have been delivered by the proprietor, until the entire purchase price as well as any associated interest and costs have been paid to the proprietor.

Security for business customers

In the event of a contract with a business customer, the proprietor has the right to require sufficient security for the business customer's compliance with his payment obligations before delivering or continuing with the performance or delivery of the contract.

Compensation with business customers

In the execution of an agreement with a business customer, the entrepreneur shall never be obliged to pay any damages other than those expressly laid down in these terms and conditions, in particular not to compensate for other direct or indirect damages, including third-party damages, loss of profit and the like.

Article 4 - The delivery time

1. Delivery time means the period within which an agreement must be executed. The agreed delivery time is a probable one. Mentioned periods are never fatal.

2. If the presumed delivery period is exceeded, the entrepreneur is granted a further period to still deliver. This further period is equal to the original estimated delivery period with a maximum of two months.

3. If this further period or the fixed agreed delivery period is exceeded, the Customer has the right to dissolve the contract and/or claim damages without notice of default or judicial intervention.

4. If the estimated or firmly agreed delivery time is exceeded, the entrepreneur shall not be liable for consequential damage, by whatever name, in a contract with a customer.

Article 5 - The delivery

Unless otherwise agreed, the proprietor already informs the purchaser that the purchaser is obliged, under penalty of compensation for damages and costs, to ensure that:

1. The place where the goods ordered are to be delivered is accessible and that, in addition, insofar as this is within his power, everything possible is done to enable smooth delivery.

2. Electricity, light, heating and sufficient ventilation must be available in the room where work is to be done.

3. Delivery is only to ground floor. Floor delivery is only possible in exceptional cases and must be discussed in advance.

4. Delivery and related work shall be carried out during the entrepreneur's normal working hours, unless otherwise agreed in writing.

Article 6 - Transport and damage on delivery

1. Unless otherwise agreed, the contract shall include transport of the purchased goods by the proprietor, who shall bear the risk of damage and loss. If the purchased goods are delivered by a professional carrier, the proprietor is obliged to ensure adequate insurance.

2. If the goods are damaged upon delivery, the purchaser shall make a note of the damage on the receipt. Furthermore, the purchaser should report this to the company within 2 working days after delivery, failing which the purchaser shall be deemed to have received the purchased goods without damage. If there is no opportunity to inspect the delivered goods upon delivery, this should be noted by the client on the receipt.

Article 7 - Payment

1. Each purchase agreement is concluded under the payment conditions of transfer in advance, cash or by pin on delivery, unless agreed otherwise in writing;

2. In the event of partial deliveries, the buyer shall receive a partial invoice for this; if the buyer has made a down payment, a proportionate part of the down payment shall be set off against the partial delivery, unless otherwise agreed in writing.

3. In case an invoice is sent, the term of payment is 14 days after the invoice date, unless otherwise agreed in writing. The customer is automatically in default by the expiry of the payment term. If the invoice remains partly or fully unpaid after 14 days, the customer is obliged to pay the entrepreneur compensation for loss of interest in the amount of the statutory interest on the unpaid invoice amount from that time until full payment.

4.. Without prejudice to the provisions of paragraph 3, the entrepreneur shall send the customer one payment reminder after the payment date has passed, in which the customer is notified of his default and the customer is given a period of 14 days to pay.

5. After expiry of the period referred to in paragraph 3, the entrepreneur has the right to collect the amount due to him without further notice. If the entrepreneur engages third parties for collection, the associated costs are 15% of the outstanding amount, with a minimum of € 37.50 for the customer.

6. In the event of complaints, the customer shall only be entitled to retain that part of the invoice that is in reasonable proportion to the seriousness and content of the complaint. This shall not release the buyer from his obligation to pay the remaining part of the invoice within the agreed term.

Article 8 - The cancellation

1. In case of cancellation of the agreement by the buyer, the buyer shall owe a compensation of 10% of what the buyer should have paid at the time of execution of the agreement. The percentage referred to in the previous sentence amounts to 10% if the buyer cancels the agreement while the buyer has already been informed that the delivery - or part thereof if it concerns a partial delivery - can take place.

2. The percentages mentioned in the previous paragraph are fixed unless the entrepreneur can prove that his damage is greater or the customer can make it plausible that the damage is smaller.

3. Products that are custom-made or ordered cannot be cancelled. The customer is obliged to take delivery of the ordered article unless agreed otherwise in advance.

4. For orders made via the webshop, a right of withdrawal of 14 days is valid. In this case, no cancellation fee shall be payable by the buyer.

Article 9 - returns and exchanges

In the case of a webshop order:

a1. Orders placed via the webshop can be returned within 14 days.

a2. Returns may be made on your own or may be arranged by the entrepreneur. When the entrepreneur arranges the return, the costs will be for the customer.

a3.. Products that are custom-made or ordered cannot be returned. The customer is obliged to take delivery of the ordered item unless otherwise agreed in advance.

In the case of a purchase made in sales area shop:

b1.Orders made in sales area shop cannot be returned after they are delivered or collected unless previously discussed otherwise and stated on the purchase agreement.

Products delivered with own transport can of course also be returned. There are various possibilities for this. We expect return shipments to be returned in their original packaging. The possibilities are listed below.

b2. Exchanging purchased articles is only possible after consultation. The entrepreneur determines whether the article may be exchanged.

Article 10 - The warranty

1. The delivered goods must have the properties that the buyer may expect on the basis of the agreement under normal use. This also applies to special use, insofar as this was foreseen in writing by the parties when the agreement was concluded. If these expectations are not met, the customer is entitled to repair or replacement. Standard products that are not covered by an exception or for which the agreement stipulates otherwise carry a two-year factory warranty.

2. In addition, the customer has a warranty, insofar as it concerns defects of which the entrepreneur cannot make it plausible that these are the result of use not in accordance with the intended purpose.

3. If the manufacturer of the goods provides a more extensive guarantee to the entrepreneur, this guarantee also applies to the customer.

4. A maximum warranty period of 1 year applies to electrical or electrotechnical or electronic components of goods delivered by the Company to the Customer, unless a more extensive warranty is provided by the supplier of the item of which these components are part. Light sources such as light bulbs, halogen lamps, fluorescent tubes and the like are excluded from the warranty.

5. Glass and stone parts of goods shall be thoroughly examined upon delivery and deviations shall be claimed immediately. Subsequent complaints about optically adjustable damage or deviations upon delivery can no longer be recognised. Breakage and other damage to glass and stone parts are excluded from warranty.

6. Warranty conditions are only valid for the intended use of the delivered goods.

7. Improper handling or insufficient care of the delivered goods excludes any complaint and voids any guarantees and other warranties, if and insofar as this complaint is related to the improper handling and/or insufficient care.

8. Wood is a natural product and is unique in structure, grain and colour. Cracks, holes, irregularities, knots and any other changes and/or differences due to temperature changes and humidity are natural characteristics and shall therefore be at the Buyer's expense and risk. The Buyer has been informed prior to the Agreement about the properties and maintenance of the Product, and that wood is a natural material. Small deviations and differences are permitted in view of the natural product. We recommend that the humidity in the room of your furniture remains between 50% and 60%. This can be measured with a hygrometer.

9. Any discolouration and/or folding of textile fibres and leather, insofar as this discolouration is unavoidable from a technical point of view, or is generally accepted according to the customs of the furniture industry, or is inherent to the materials, shall not be considered a defect.

10. .Articles falling under "showroom article" have been carefully inspected by the buyer in the shop, so that the buyer is aware of any damage.

11. Deviations of the delivered product regarding colour, wear-resistance and the like, which from a technical point of view are acceptable according to current, usual standards or trade custom, may limit or exclude the right to guarantee and/or compensation.

12. Steel frames used in outdoor environments are not covered by the guarantee.

Article 11 - Complaints

1. Complaints shall mean all grievances relating to the execution of the agreement. Complaints about the quality of the delivered goods or the delivery can only be made by the purchaser to the entrepreneur by submission within 14 days after delivery or collection of the goods. If filing within this period is not reasonably possible, the period of 14 days applies from the moment the defect is detected or could have been detected. Complaints shall be submitted in writing or by e-mail and must include a description of the grievances and observed defects. Complaints on glass and stone parts must be reported immediately upon delivery or on the day of delivery at the latest.

2. The provisions of the previous paragraph do not affect the provisions on the shorter period in article 6;

3. If the purchaser wishes to carry out or have carried out or prevent certain work against the advice of the entrepreneur, any complaint on this shall be excluded.

Article 12 - Limitation of liability

1. If the performance of the Agreement by the Company leads to liability of the Company. towards the Buyer or third parties, such liability shall be limited to the costs charged by the Company in connection with the Agreement unless the damage was caused by intent or gross negligence.

2. Consequential damage is excluded in accordance with what is permitted under Article 7:24(2) of the Dutch Civil Code.

3. The Company is not liable for and/or obliged to repair damage caused by the use of the Product. The Company provides strict maintenance and use instructions which must be followed by the Buyer. All damage to Products resulting from wearing and use is explicitly excluded from liability (including traces of use, usage damage, fall damage, light and water damage, theft, loss, etc.).

4. Entrepreneur is not liable for damage that is or may be the result of any act or omission as a result of (imperfect and/or incorrect) information on the website(s) or from linked websites.

5. Operator is not responsible for errors and/or irregularities in the functionality of the website and is not liable for breakdowns or unavailability of the website for any reason.

6. Entrepreneur does not guarantee the correct and complete transmission of the content of and email sent by/on behalf of Entrepreneur, nor its timely receipt.

7. All claims of the Buyer due to shortcomings on the part of the Company lapse if these are not reported to the Company in writing, stating reasons, within one year after the Buyer became aware or could reasonably have become aware of the facts on which it bases its claims. All claims of the Buyer lapse in any event one year after the termination of the Contract.

Article 13 - Applicable law

All agreements to which these terms and conditions have been declared applicable are subject to Dutch law. Only the Court of Limburg, location Roermond has jurisdiction.