Terms and Conditions

Article 1 – Definitions
1. Techweise B.V. , located at Stationsplein 45, 3013 AK Rotterdam, with Chamber of Commerce number 92156894,, is referred to in these General Terms and Conditions as the Seller.
2. The counterparty to the Seller is referred to in these General Terms and Conditions as the Buyer.
3. The Parties are the Seller and the Buyer together.
4. The Agreement refers to the purchase agreement between the Parties.

Article 2 – Applicability of General Terms and
Conditions1. These terms and conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the Seller.
2. Deviations from these terms and conditions are only permitted if expressly agreed upon in writing by the parties.
3. By placing an order, the Buyer agrees to the general terms and conditions.

Article 3 – Payment
1.The full purchase price must always be paid immediately in the online store. For reservations, a deposit may be required in some cases. In such cases, the buyer will receive confirmation of the reservation and the advance payment.
2. If the buyer fails to pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend its obligations until the buyer has fulfilled its payment obligation.
3. If the buyer remains in default, the seller will proceed with collection. The costs associated with such collection shall be borne by the buyer. These collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.
4. In the event of liquidation, bankruptcy, attachment, or suspension of payments by the buyer, the seller’s claims against the buyer shall become immediately due and payable.
5. If the buyer refuses to cooperate with the seller in the performance of the order, the buyer remains obligated to pay the agreed-upon price to the seller.

Article 4 – Offers, Quotations
, and Price
1. Offers are non-binding unless a deadline for acceptance is specified in the offer. If the offer is not accepted within that specified period, the offer expires.
2. Delivery times in quotations are indicative and do not entitle the buyer to terminate the agreement or claim damages if they are exceeded, unless the parties have expressly agreed otherwise in writing.
3. Techweise reserves the right to adjust prices at any time. Purchase amounts will not be refunded after payment has been received on the grounds that the item is currently priced lower.

Article 5 – Right of Withdrawal
1. The consumer has the right to cancel the contract within 14 days of receiving the order without giving any reason (right of withdrawal). The period begins from the moment the consumer receives the (entire) order.
2. The consumer has 14 days to cancel the order and request a return. After that, the consumer has 14 days to return the product.
3. Upon receipt of the return, Techweise hasB.V . 14 days to refund the order amount (standardly including shipping costs).
4. There is no right of withdrawal if the products were custom-made according to specifications or have a short shelf life.
5. The consumer may use a withdrawal form provided by the seller. The seller is obligated to make this form available to the consumer immediately upon the consumer’s request.
6. During the cooling-off period, the consumer shall handle the product and packaging with care.He may only unpack or use the product to the extent necessary to determine whether he wishes to keep it. If he exercises his right of withdrawal, he shall return the unused and undamaged product, along with all accessories supplied and—if reasonably possible—in the original shipping packaging, to the seller, in accordance with the reasonable and clear instructions provided by the seller.

Article 6 – Amendment of the Agreement
1. If, during the performance of the agreement, it becomes apparent that it is necessary for the proper performance of the assignment to modify or supplement the work to be performed, the parties shall amend the agreement accordingly in a timely manner and by mutual agreement.
2. If the parties agree that the agreement is to be modified or supplemented, the time of completion of the performance may be affected thereby. The seller shall notify the buyer of this as soon as possible.
3. If the amendment or addition to the agreement has financial and/or qualitative consequences, the seller shall inform the buyer of this in writing in advance.
4. If the parties have agreed on a fixed price, the seller shall indicate to what extent the amendment or addition to the agreement results in this price being exceeded.
5. Notwithstanding the provisions of paragraph 3 of this article, the seller may not charge additional costs if the amendment or addition is the result of circumstances attributable to the seller.

Article 7 – Delivery and Transfer of Risk
1. As soon as the purchased goods have been taken into possession by the buyer, the risk passes from the seller to the buyer.

Article 8 – Inspection and Complaints
1. The buyer is obligated to inspect the delivered goods at the time of delivery, but in any event as soon as possible thereafter. In doing so, the buyer must verify whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least that the quality and quantity meet the standards applicable in normal commercial practice.
2. Complaints regarding damage, shortages, or loss of delivered goods must be submitted in writing by the buyer to the seller within 10 business days of the date of delivery of the goods.
3. If the complaint is deemed valid within the specified period, the seller has the right to either repair, redeliver, or cancel the delivery and issue the buyer a credit note for that portion of the purchase price.
4. Minor deviations and/or deviations customary in the industry, as well as differences in quality, quantity, size, or finish, cannot be held against the seller.
5. Complaints regarding a specific product do not affect other products or parts covered by the same agreement.
6. No complaints will be accepted after the goods have been processed by the buyer.

Article 9 – Samples and Models
1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided merely as an indication, without the goods to be delivered being required to conform to it. This does not apply if the parties have expressly agreed that the goods to be delivered will indeed conform to it.
2. In agreements concerning real property, any mention of the area or other dimensions and specifications is presumed to be merely indicative, without the property to be delivered being required to conform to them.

Article 10 –
Delivery1. Delivery is made “ex works/store/warehouse.” This means that all costs are borne by the buyer.
2. The buyer is obligated to accept the goods at the time the seller delivers them or has them delivered, or at the time these goods are made available to the buyer in accordance with the agreement.
3. If the buyer refuses to accept the goods or fails to provide information or instructions necessary for delivery, the seller is entitled to store the goods at the buyer’s expense and risk.
4. If the goods are delivered, the seller is entitled to charge any delivery costs.
5. If the seller requires information from the buyer to fulfill the agreement, the delivery period begins once the buyer has provided this information to the seller.
6. Any delivery period specified by the seller is indicative. It is never a strict deadline. If the deadline is exceeded, the buyer must give the seller written notice of default.
7. The seller is entitled to deliver the goods in installments, unless the parties have agreed otherwise in writing or the partial delivery has no independent value. In the event of partial delivery, the seller is entitled to invoice these parts separately.

Article 11 – Force
Majeure1. If the seller is unable to fulfill its obligations under the agreement, or is unable to do so on time or properly, due to force majeure, it shall not be liable for any damage suffered by the buyer.
2. The parties define force majeure as any circumstance that the seller could not have foreseen at the time the agreement was entered into and as a result of which the buyer cannot reasonably be expected to ensure the normal performance of the agreement, such as illness, war or the threat of war, civil war, and riots, hostilities, sabotage, terrorism, power outages, flooding, earthquakes, fire, plant occupation, strikes, lockouts, changes in government regulations, transportation difficulties, and other disruptions in the seller’s business.
3. Furthermore, the parties understand force majeure to mean a circumstance in which suppliers on whom the seller depends for the performance of the agreement fail to fulfill their contractual obligations toward the seller, unless the seller is at fault for this.
4. If a situation as described above arises, as a result of which the seller is unable to fulfill its obligations toward the buyer, those obligations shall be suspended for as long as the seller is unable to fulfill them. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to terminate the agreement in whole or in part in writing.
5. If the force majeure continues for more than three months, the buyer has the right to terminate the agreement with immediate effect. Termination may only be effected by registered letter.

Article 12 – Assignment of Rights
1. A party’s rights under this agreement may not be assigned without the prior written consent of the other party. This provision shall be deemed a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Civil Code.

Article 13 – Retention of Title and Right of
Retention1. Goods held by the seller, as well as delivered goods and parts, remain the property of the seller until the buyer has paid the full agreed price. Until that time, the Seller may invoke its retention of title and reclaim the goods.
2. If the agreed advance payments are not made or are not made on time, the Seller has the right to suspend the work until the agreed amount has been paid. This constitutes a default by the buyer. In such a case, a delayed delivery cannot be held against the seller.
3. The seller is not authorized to pledge the goods subject to retention of title or to encumber them in any other way.
4. The seller undertakes to insure and keep insured the goods delivered to the buyer under retention of title against fire, explosion, and water damage, as well as against theft, and to make the insurance policy available for inspection upon first request.
5. If the goods have not yet been delivered but the agreed advance payment or price has not been paid as agreed, the seller has a right of retention. The goods will then not be delivered until the buyer has paid in full and in accordance with the agreement.
6. In the event of the buyer’s liquidation, insolvency, or suspension of payments, the buyer’s obligations become immediately due and payable.

Article 14 – Liability
1. The seller is not liable for any direct or indirect damage resulting from the use of the products it has delivered, unless there is intent or deliberate recklessness on the part of the seller or its managerial subordinates.
2. All products must be used by the buyer in accordance with the instructions for use and with due regard to the nature of the product. Incorrect or improper use is entirely at the buyer’s
own risk.
3. In particular, the buyer is responsible for checking in advance whether steam cleaning is suitable for their furniture or surfaces. The seller does not guarantee that steam cleaning is safe for every material or piece of furniture.
4. If the buyer has any doubts about the suitability of steam cleaning, he or she must always consult the furniture manufacturer or a Techweise specialist.
5. The seller accepts no liability whatsoever for discoloration, damage, deformation, or any other consequential damage to furniture, floors, or other surfaces resulting from the use of steam cleaners or other products.
6. In all cases, the Seller’s liability is limited to the amount paid out by the Seller’s liability insurance in the relevant case, plus the deductible specified in the policy.

Article 15 – Obligation to File a
Complaint1. The Buyer is required to report any complaints regarding the work performed to the Seller immediately. The complaint must contain as detailed a description as possible of the deficiency, so that the seller is able to respond adequately. The customer must submit the complaint by sending an email toinfo@techweise.com . If this does not lead to a resolution, the customer may submit the dispute for mediationthrough Stichting WebwinkelKeur viahttps://www.webwinkelkeur.nl/knowledgebase/consumers/dispute .
2.As of February 15, 2016, consumers in the EU can also file complaints through the European Commission’s ODR platform. This ODR platform can be found at [URL]. http://ec.europa.eu/odr. If your complaint is not already being handled elsewhere, you are free to file it through the European Union’s platform.
3. If a complaint is valid, the seller is obligated to repair the item and, if necessary, replace it.

Article 16 – Warranties
1. If warranties are included in the agreement, the following applies. The seller warrants that the item sold complies with the agreement, that it will function without defects, and that it is suitable for the use the buyer intends to make of it. This warranty is valid for a period of two calendar years following the buyer’s receipt of the goods.
2. The purpose of this warranty is to establish a division of risk between the seller and the buyer such that the consequences of a breach of warranty are always borne entirely by the seller, and that the seller may never invoke Article 6:75 of the Dutch Civil Code in connection with a breach of warranty. The provision in the preceding sentence also applies if the breach was known to the buyer or could have been known to the buyer through the conduct of an investigation.
3. The aforementioned warranty does not apply if the defect arose as a result of improper or inappropriate use, or if—without permission—the buyer or third parties have made or attempted to make modifications, or have used the purchased item for purposes for which it is not intended.
4. If the warranty provided by the seller relates to an item manufactured by a third party, the warranty is limited to the warranty provided by that manufacturer.

Article 17 – Intellectual
Property1. Techweise B.V. retains all intellectual property rights (including copyright, patent rights, trademark rights, design rights, etc.) to all products, designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, mock-ups, etc., unless the parties have agreed otherwise in writing.
2. The customer may not B.V. copy, show to third parties, and/or make available, or otherwise use the aforementioned intellectual property rights without prior written consent from Techweise B.V..

Article 18 – Amendment of General Terms and
Conditions1. Techweise B.V. is entitled to amend or supplement these general terms and conditions.
2. Minor amendments may be made at any time.
3.Techweise willB.V.discussany major substantive changesB.V. with the customer in advance whenever possible.
4. Consumers are entitled to terminate the agreement in the event of a material change to the terms and conditions.

Article 19 – Governing Law and Jurisdiction
1. Every agreement between the parties is governed exclusively by Dutch law.
2. The Dutch court in the district whereTechweiseB.V.is located has exclusive jurisdiction to hear any disputes between the parties, unless otherwise required by mandatory law.
3. The applicability of the Vienna Sales Convention is excluded.
4. If, in legal proceedings, one or more provisions of these general terms and conditions are deemed unreasonably onerous, the remaining provisions shall remain in full force and effect.