Terms and Conditions

DULUXE, registered with the Chamber of Commerce in Zwolle under number 88889874 and located at Zwolsedijk 16E, 8061 RD Hasselt, NETHERLANDS. All texts, orders and agreements are subject to Dutch law.

Article 1: General

1.1 In these Terms and Conditions of Sale the following terms shall have the following meanings: 'DULUXE' or 'duluxe.nl Internet Shop': DULUXE; customer: the (potential) customer of goods and/or services of DULUXE; 'confirmation': the confirmation of receipt, as described in articles 2.2 and 3.1; 'Terms of Sale': these Terms and Conditions of Sale.

1.2 These Terms of Sale apply to all offers, orders and agreements of DULUXE. By concluding an agreement between the customer and DULUXE by means of the procedure as described in these Terms of Sale, the customer expressly accepts these conditions.

1.3 All rights and claims, as set out in these Terms and Conditions of Sale and in any additional agreements concluded for the benefit of DULUXE, are also stipulated for the benefit of intermediaries and other third parties engaged by DULUXE.

1.4 Deviations from these Terms and Conditions of Purchase are only valid if they have been expressly agreed in writing with DULUXE.

1.5 If (a) provision(s) of these Terms of Sale is/are null and void or is/are annulled, the other provisions of these Terms of Sale shall remain fully in force. DULUXE and the customer shall then enter into consultation in order to agree on (a) new provision(s) to replace the null and void or annulled provision(s), whereby the purpose and scope of the null and void or annulled provision(s) shall be taken into account as much as possible.

1.6 DULUXE has the right to change these Terms of Purchase and the content of the DULUXE website at any time.

Article 2: Offers and agreements

2.1 All offers made on the DULUXE website are without obligation, even if they contain a term of acceptance. DULUXE reserves the right to withdraw offers at all times. All offers are subject to availability. Price changes are reserved at all times.

2.2 An agreement between DULUXE and the customer is concluded after the customer:

has placed an order on the DULUXE website by fully and correctly completing the order form on the DULUXE website; the customer has subsequently clicked on the 'Checkout' icon on the DULUXE website; the customer has subsequently confirmed that the information provided by the customer is correct and has processed the customer's payment by clicking on the 'Send order' icon on the DULUXE website, and has received confirmation from DULUXE at the customer's e-mail address that DULUXE has received the customer's order (the confirmation of receipt).

2.3 The agreement contains all agreements made between the customer and DULUXE and replaces all previous agreements, arrangements and/or agreements between the customer and DULUXE.

2.4 Unless proven otherwise, DULUXE's administration shall serve as evidence of the orders and payments made by the customer to DULUXE and of deliveries made by DULUXE. DULUXE acknowledges that electronic communication can serve as evidence. By accepting the Terms and Conditions of Sale, the customer also acknowledges this.

2.5 The confirmation of receipt shall in any case contain the following information:

a description of the product purchased by the customer and the number of products purchased by the customer; the price of the product; customer details such as name, customer number, home address, address to which the product is to be sent, billing address (if different from the customer's home address and/or delivery address) and the customer's e-mail address and telephone number; the order number of the agreement; the e-mail address and/or telephone number of the DULUXE department where the customer can go with questions about the order.

Article 3: Prices/rates and payment

3.1 All prices for the offered items are in Euro and include sales tax (VAT) and other government levies, unless otherwise stated or agreed in writing. Handling and shipping costs are exclusive and are stated separately. 3.2 All invoices must be paid by the customer, without discount or compensation, within fourteen (14) working days after the invoice date, unless otherwise agreed in writing. 3.3 If the payment term is exceeded, DULUXE is entitled to charge the customer an interest of 1% per month from the due date of the invoice, whereby a part of a month is counted as a whole month. DULUXE will send a reminder if the payment term is exceeded. 3.4 If the customer has not paid, not paid in full or not paid before the final payment date stated in the reminder, DULUXE is entitled to charge its extrajudicial (collection) costs to the customer. The customer is also obliged to pay actual legal costs incurred, insofar as any award of legal costs results in a lower amount. 3.5 In the event of non-compliance by the customer with what has been agreed regarding payment, DULUXE is entitled to terminate the agreement with immediate effect extrajudicially or to suspend its obligations, as well as to deny the customer access to the DULUXE system without stating reasons.

Article 4: Delivery/delivery times

4.1 Deliveries will only take place within the Netherlands, unless otherwise stated on the DULUXE website.

4.2 The delivery time is normally a maximum of five (5) working days, unless otherwise indicated on the DULUXE website. The delivery times are indicative and not a deadline.

4.3 The delivery time of the product is a maximum of thirty (30) working days, unless otherwise specified in the agreement between the customer and DULUXE.

4.4 If the agreed delivery period is exceeded by DULUXE, DULUXE will immediately inform the customer of this in writing (by letter or e-mail). In that case, the customer has the option to terminate the agreement with DULUXE by notifying DULUXE of this in writing (by letter or e-mail).

4.5 Any payments made by the customer in the context of the previous article will be refunded to the customer's bank or giro account as soon as possible, but in any case within fourteen (14) working days after DULUXE has received the request to terminate the agreement.

4.6 The delivery times specified by DULUXE will not be considered as a fatal term, unless expressly agreed otherwise.

4.7 Delivery will take place at the place and time that the goods are ready for shipment to the customer.

4.8 DULUXE reserves the right to make partial deliveries to the customer, whereby an order is divided into two or more shipments.

Article 5: Force majeure and/or special circumstances

5.1 DULUXE is not obliged to fulfil any obligation towards the customer if it is prevented from doing so as a result of a circumstance that is not its fault, nor for which it is responsible under law, legal act or generally accepted views.

5.2 Circumstances as referred to in Article 5.1 may include: a business disruption, a disruption in the supply of energy or materials, transport delays, a strike and failure or late delivery by suppliers.

Article 6: Retention of title

6.1 All items delivered to the customer remain the property of DULUXE until all amounts owed by the customer for the items delivered under the agreement have been paid in full to DULUXE.

Article 7: Risk

7.1 The risk during transport of the product ordered by the customer is for DULUXE. At the moment of delivery of the product, or the moment that can reasonably be considered as delivery, the risk of the product passes to the customer, except for the liabilities that cannot legally be assumed by DULUXE.

Article 8: Intellectual and industrial property rights

8.1 The customer must fully and unconditionally respect all intellectual and industrial property rights that apply to the goods delivered by DULUXE.

8.2 DULUXE does not guarantee that the items delivered to the customer do not infringe any intellectual and/or industrial property rights of third parties. DULUXE accepts no liability in the event of any claim by third parties based on the assertion that an item delivered by DULUXE infringes any right of a third party.

Article 9: Orders/communication

9.1 DULUXE is in no way liable for misunderstandings, damage, delays or ambiguities in orders and communications as a result of the use of the internet or any other means of communication in the traffic between the customer and DULUXE, or between DULUXE and third parties, insofar as these relate to the relationship between the customer and DULUXE.

Article 10: Right of withdrawal

10.1 After receipt of the ordered product, the customer has the right to cancel the agreement with DULUXE within 30 days of receipt of this product, without having to give a reason.

10.2 If the customer wishes to exercise the right of withdrawal as described in article 10.1 of these conditions, the customer must notify DULUXE of this in writing (by e-mail, letter or fax). The customer must return the product - after consultation with DULUXE - to the return address designated by DULUXE. In this case, the customer bears the costs and the risk of sending.

10.3 If the customer has already made payments at the time the customer has terminated the agreement with DULUXE in accordance with Articles 10.1 and 10.2 of these Terms and Conditions of Sale, DULUXE will refund these payments to the customer within fourteen (14) working days after receipt of the returned product.

10.4 DULUXE reserves the right to refuse returned products or to credit only part of the amount already paid if there are suspicions that the product has been opened, used or damaged by the customer (other than by DULUXE or the supplier of the product).

10.5 If a product is returned and DULUXE believes that the product has been damaged as a result of the actions or omissions of the customer, or is otherwise at the customer's risk, DULUXE will inform the customer of this in writing (by fax, letter or e-mail). DULUXE shall be entitled to deduct the reduction in value of the product resulting from this damage from the amount to be refunded to the customer.

Article 11: Guarantees

DULUXE provides a warranty on the products supplied, as determined by the manufacturer. This warranty does not affect the statutory rights of the customer.

Article 12: Complaints

12.1 DULUXE takes all complaints regarding the delivery, quality, condition of the product or other complaints seriously.

12.2 Customers must notify their complaints to DULUXE's Support department (the contact details of this department are stated elsewhere in these Terms of Sale).

12.3 DULUXE aims to resolve complaints within ten (10) working days and will inform the customer of this in writing (by fax, letter or e-mail).

Article 13: Personal data

13.1 The personal data provided by the customer will be included in a file. This data will be used for the execution of the customer's order.

13.2 Unless otherwise indicated by the customer, the customer's data will be included in a central file of DULUXE. This data will be used to keep the customer fully informed about the products and services of DULUXE. The processing of the customer data will take place in accordance with the applicable laws and regulations.

13.3 The customer has the right to inspect the data that DULUXE has stored about them. If the data provided is incorrect, the customer has the right to request changes.

Article 14: DULUXE Support Department.

All correspondence relating to these Terms of Sale should be addressed to:

DULUXE
Zwolsedijk 16E, 8061 RD
In Hasselt, NETHERLANDS
email: info@duluxe.nl

Article 15: Other provisions

15.1 If the customer notifies DULUXE in writing of a change of address, DULUXE is entitled to send all orders to this address until the customer has provided a new address.

15.2 Any deviations from these General Terms and Conditions that have been permitted by DULUXE for a short or long period of time, either tacitly or otherwise, shall not affect DULUXE's right to demand strict compliance with the General Terms and Conditions. The customer cannot derive any rights from this.

15.3 DULUXE reserves the right to use third parties to execute orders.

Article 16: Applicable law and dispute resolution

16.1 All offers, orders and agreements of DULUXE are subject to Dutch law.

16.2 Disputes between DULUXE and the customer will be submitted to the competent Dutch court in Amsterdam.

These General Terms and Conditions are effective from 02/2024 and may be modified without prior notice.