Terms and Conditions

General Terms and Conditions of Sale and Delivery – Products Dutch Rivièra

General terms and conditions for the sale and delivery of products to consumers, business customers, and professional counterparties acting in the course of a profession or business.

1. Applicability of these conditions

1.1 These conditions apply, to the exclusion of any other terms and conditions, to all offers, agreements, and deliveries relating to products provided or offered by Dutch Rivièra (hereinafter: the seller).

1.2 In these general terms and conditions, the following definitions apply:
a. seller: the party selling products;
b. buyer: the counterparty of the seller;
c. consumer or business customer: the buyer who is not acting in the course of a profession or business;
d. consumer purchase: the purchase between seller and consumer.

2. Offers and agreements

2.1 Offers or quotations are non-binding and valid for the stated period.

2.2 Unless the seller explicitly indicates otherwise, agreements are concluded through written order confirmation by the seller, including confirmation by email. The seller reserves the right to refuse an order.

2.3 The seller relies on the buyer to check the order confirmation. This confirmation is binding. Any corrections must be submitted in writing within two working days. Without such notification, products will be delivered according to the confirmation.

2.4 The seller may engage third parties for the execution of the agreement. All rights and claims stipulated for the seller also apply to intermediaries and other third parties engaged.

3. Price changes

3.1 If after conclusion of the agreement costs (e.g. raw materials, wages, duties, taxes, currency changes) increase, the seller may adjust the price accordingly.

3.2 The seller will inform the buyer promptly. The buyer may then terminate the agreement unless delivery is agreed after more than three months or the increase is due to legal changes.

4. Delivery and transport

4.1 Delivery times are not strict deadlines unless agreed otherwise in writing.

4.2 In case of force majeure, the seller may suspend delivery. Force majeure includes circumstances beyond control such as disruptions, delays by suppliers, or transport issues.

4.3 Delivery time starts only after receipt of necessary buyer data and/or advance payment.

4.4 Orders on call are not possible. Delivery postponement is allowed up to two weeks, after which storage costs apply.

4.5 If the buyer refuses delivery, resulting costs may be charged, and the seller may terminate the agreement and claim damages.

4.6 In the Netherlands, furniture assembly and delivery are included unless agreed otherwise. Special rates apply to the Wadden Islands. Separate shipments incur additional costs.

5. Retention of title

5.1 All delivered products remain the property of the seller until all obligations have been fulfilled.

5.2 For business buyers:
a. Products may only be resold in normal business operations;
b. The seller may reclaim goods if obligations are not met or there is justified concern about non-compliance.

6. Changes, cancellation, and returns

6.1 A change means modification (e.g. color). Cancellation means withdrawing or reducing an order.

6.2 Changes or cancellations require seller approval.

• Free changes within two working days after confirmation

• Later changes: costs charged

• Cancellation: always costs charged + 25% of order value

7. Payment

7.1 The seller may require advance payment.

7.2 Payment must be made within 14 days without deductions.

7.3 Late payment results in default, interest, and collection costs (minimum 10% with €150 minimum).

8. Suspension and termination

8.1 The seller may suspend or terminate agreements if:
a. the buyer is in default;
b. insolvency situations occur;
c. performance becomes impossible or unreasonable.

8.2 All obligations become immediately due. No damages owed unless consumer protection applies.

9. Warranty and complaints

9.1 Products meet reasonable standards at delivery. Supplier warranties may apply.

9.2 Buyer must verify suitability for use outside the Netherlands.

9.3 Products must be inspected immediately. Complaints within 5 working days.

9.4 Defective goods must be made available for inspection.

9.5 Seller may repair, replace, or refund.

9.6 Minor deviations do not justify claims.

9.8 Incorrect use voids liability.

9.9 Improper use of cleaning products voids warranty.

9.10 Not using protective covers voids warranty.

9.11 3-year warranty on manufacturing/assembly defects.

9.12 Exclusions:

• third-party repairs

• normal wear

• natural material variations

• color differences in repeat orders

10. Intellectual property

10.1 All IP rights remain with the seller or licensors. Breach results in €25,000 penalty.

10.2 Buyer guarantees no infringement when providing designs and indemnifies the seller.

11. Liability

11.1 Seller is not liable for damage caused by misuse, incorrect data, third parties, or communication errors.

11.2 Only direct damage is covered; indirect damage excluded.

11.3 Liability limited to invoice amount (max €2,500 or insurance payout).

11.4 Buyer indemnifies seller against third-party claims.

11.5 Limitations do not apply in cases of intent, gross negligence, or consumer product liability.

12. Force majeure

12.1 Seller may suspend obligations during force majeure. If it lasts over 2 months, either party may terminate.

12.2 Force majeure includes all external causes beyond control.

13. Dutch law and jurisdiction

13.1 Dutch law applies. CISG excluded.

13.2 Competent court is seller’s location unless mandatory law dictates otherwise.

13.3 Parties must attempt amicable settlement first.

14. Miscellaneous

14.1 Dutch text prevails.

14.2 Changes are only valid in writing.