Terms and Conditions
Terms and Conditions
These general terms and conditions can also be downloaded here as a PDF.
1 - Definitions
In these general terms and conditions of sale and delivery the following definitions apply:
• Supplier: Patch Factory is part of Faso BV, Chamber of Commerce 61266442, registered in Apeldoorn;
• VAT number: NL854276579 B01
• Customer: the other party of the Supplier in an Agreement or other legal relationship;
• Agreement: any agreement between the Supplier and the Customer and any amendment or addition thereto;
• Goods: all material goods that are (will be) delivered to the Customer in the performance of an Agreement;
2 - Applicability
1. These conditions apply to all legal relationships between supplier and customer, including offers, agreements and deliveries.
2. By placing an order, the customer accepts the applicability of these conditions.
3. Applicability of the customer's general terms and conditions is expressly rejected by the supplier.
4. Deviations from and/or additions to these conditions only apply if and insofar as they have been expressly accepted in writing by an authorized representative of the supplier. An agreed deviation or addition only relates to the delivery for which it was agreed.
5. If and insofar as any provision in these terms and conditions cannot be relied upon on grounds of reasonableness and fairness or its unreasonably onerous nature, then that provision will be given as similar a meaning as possible in terms of content and scope, so that it can be relied upon. made, or the provision in question is deemed to have been converted into a provision that can be relied upon with a meaning that is as similar as possible in terms of content and scope.
6. The nullity or otherwise unenforceability of any provision of these conditions does not affect the validity of the other provisions of these conditions.
3 - Offer, acceptance and orders
1. All offers and quotations, in whatever manner, made by or on behalf of the supplier, are without obligation and only apply as an invitation to place an order.
2. Offers and commitments from intermediaries, representatives and/or employees engaged by the supplier are only binding if they have been confirmed in writing by the supplier.
3. The supplier is completely free not to accept orders from a customer without giving reasons. Refusal of an order by the supplier never gives any right to (damage) compensation.
4. Agreements are concluded when the supplier executes the agreement.
5. The customer agrees that the supplier has (part of) an agreement executed by third parties.
4 - Delivery, transfer of risk and advertising
1. The Supplier has the right to make partial deliveries.
2. Changes to technical insights in the industry and/or government regulations are at the risk of the buyer.
3. Minor or technically unavoidable deviations in quality, quantity, dimensions, color, size, etc. do not constitute grounds for a complaint. The same applies to color differences due to light, time and/or weather influences.
4. No rights can be derived from images on the supplier's website.
5. The right to complain furthermore lapses if the customer has been processed and/or modified once the goods have been put into use.
5 - Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur in its original condition, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known by sending an email to hallo@patchfactory.nl, stating the order number. After the consumer has indicated that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days, sufficiently stamped, with the return form. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the customer has not indicated that he wishes to exercise his right of withdrawal after the periods referred to in paragraphs 2 and 3 have expired. has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
1. When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
6 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer.
7 - Exclusion of right of withdrawal
1. The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
2. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
8 - Delivery times
1. Stated or agreed delivery times can never be regarded as deadlines, unless expressly agreed otherwise in writing.
2. In the event of late delivery, the supplier is only in default after written notice of default, whereby a further and reasonable period for delivery is set that is at least equal to 30 days, while the customer is still obliged to purchase.
3. If default occurs after notice of default, the supplier will consult with the customer about compliance with or termination of the agreement.
4. The Customer can only claim compensation for damage if this has been agreed in writing in advance.
5. Any damage to be compensated by the supplier will never exceed that part of the invoice amount that relates to the Goods not delivered, not delivered on time, incorrectly or incompletely.
9 - Retention of title
1. The supplier reserves ownership of the goods until all performance owed by the customer has been fully paid for all goods delivered or to be delivered by the supplier.
10 - Warranty
1. The Supplier does not provide any other or more far-reaching guarantee on goods than the guarantee of its suppliers and/or producers for the good in question.
11 - Liability
1. In the event of defects in delivered goods, the liability of the supplier is limited to the provisions of Article 4 of these conditions.
2. In all other cases, the supplier's liability is limited to compensation for damage attributable to intent or gross negligence on the part of the supplier or its employees. The supplier excludes any liability for other damage, in whatever form or type.
3. The supplier excludes liability for damage arising in connection with communications, explanations or advice provided by the supplier (or intermediaries, representatives and employees engaged by the supplier) in the broadest sense of the word, such as (but not limited to) with regard to loading , unloading, transport, storage, custody, use, composition and/or suitability of goods delivered by it or third parties to the customer.
4. Under no circumstances is the supplier obliged to pay a higher amount than it can recover from its insurers in respect of the damage for which it is held liable, plus its deductible under that insurance. If insurers do not pay out or the damage is not covered by insurance, the Supplier's liability is limited to a maximum of the net invoice value of the relevant delivery, but is always limited to a maximum of € 10,000.
5. The supplier stipulates all legal and contractual defenses that it can invoke to defend its own liability towards the customer, including for the benefit of its subordinates, non-subordinates for whose conduct the supplier would be liable under the law and the supplier's suppliers.
6. Any liability of the supplier towards the customer expires 1 month after the Goods have been delivered to the customer.
7. The Supplier is not liable for delays, non-delivery or incorrect delivery as a direct or indirect result of force majeure. Force majeure includes any circumstance beyond the control and actions of the supplier, which prevents or complicates the normal performance of the agreement to such an extent that this cannot reasonably be expected from the supplier, such as strike, illness and/or excessive absenteeism, to persons, raw materials and/or materials, government measures including import and export measures, shortcomings on the part of third parties engaged by the supplier (including suppliers), defects in and/or damage to production resources, transport obstacles and/or traffic disruptions , etc. The supplier can also invoke force majeure if the circumstance in question causing force majeure occurred after the supplier should have delivered.
8. Without prejudice to the other rights of the parties, force majeure gives both parties the authority to terminate the agreement for the part thereof that has not yet been performed after the force majeure situation has lasted for 1 month, without the parties being obliged to pay any compensation to each other.
12 - Intellectual property
1. All intellectual property rights regarding documents, sales brochures, images, drawings, quotations, specifications, designs, brand names, concepts, URL domain names, etc., provided by the supplier to the customer remain the property of the supplier. The customer is not entitled to use these for any purpose other than that for which they were made available to the customer.
2. The customer is not entitled to reveal to third parties or to allow inspection of the documents referred to in the previous paragraph or the information contained therein or otherwise made known to the customer and will immediately return these documents at the supplier's first request, without copies thereof. to withhold.
3. In the event of unauthorized use of the documents - including expressly intended drawings, specifications, quotations, designs, etc. - the customer is obliged to compensate the supplier for all damage it suffers as a result, including - but not limited to - lost turnover/profit and the costs involved in drawing up the relevant documents.
13 - Article Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 14 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer must first contact the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is not yet found, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.
14 - Applicable law and competent court
1. Dutch law applies to all legal relationships between supplier and customer. The applicability of the Vienna Sales Convention is expressly excluded.
2. The competent judicial authority in the district where the supplier is registered has exclusive jurisdiction to hear any disputes between the supplier and the customer.