General terms and conditions

 

Contents:

Article 1 – Definitions

Article 2 – Entrepreneur and website Identity

Article 3 – Relevance

Article 4 – Offer

Article 5 – Agreement

Article 6 – Right of Withdrawal

Article 7 – Pricing

Article 8 – Conformity and Guarantees

Article 9 – Delivery and Execution

Article 10 – Length transactions: duration, termination and extension

Article 11 – Payments

Article 12 – Complaints

Article 13 – Disputes

Article 14 – Additional and Different Provisions

Article 1 – Definitions

In these Conditions/Terms the following definitions are applicable:

Consideration time: the term during which the buyer can execute the right of withdrawal.

Buyer: the legal entity or natural person (acting in the exercise of a profession or business), who comes to a distance agreement with the entrepreneur.

Day: calendar day.

A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.

Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.

Right of Withdrawal: the possibility for the buyer to terminate the distance agreement within the consideration term.

Entrepreneur: the legal entity who offers distance products and/or services to buyers.

Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.

Technique of distant Communication: a means that can be used to close an agreement without the buyer and the entrepreneur have gathered together in the same place and at the same time.

Website Aviator line®: information and ordering website.

Custom-made goods: deviant Aviator line® furniture products custom-made and specially designed for the buyer.

Article 2- Corporate Identity/Entrepreneur

On Air Furniture B.V.

Postbox/postbus 939, 7301 BD Apeldoorn

Contact: Marion Kunkeler

Phone number: +31 055 526 38 70 on workdays from 9:00 – 17:00 pm.

E-mail: info@onairfurniture.com

Chamber of commerce number: 60432519

VAT identification number: NL853908278B01

Article 3- Relevance

These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and buyer.

Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the buyer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the buyer these general conditions/terms shall be sent to the buyer as soon as possible without extra costs. If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the buyer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the buyer can find the general conditions/terms electronically and that these conditions/terms at the buyer’s request will be sent electronically or otherwise to the buyer without extra cost. For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the buyer can appeal on the relevant conditions/terms  which are the most favourable for the buyer.

Article 4- Offer

If an offer has a limited validity or has other specifications, this will be emphatically mentioned.

The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper buyer’s assessment of the products/services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur. Each offer contains such information that it is clear for the buyer which rights and obligations are related  to the offer when it is accepted by the buyer. This concerns in particular:

a) price inclusive taxes;

b) ossible costs of delivery;

c) the manner in which the agreement has been concluded and the necessary signatures

d) whether to apply the right of withdrawal;

e) the method of payment, delivery and performance of the contract;

f) the deadline for accepting the offer or the period within which the entrepreneur guarantees;

g)the price;

h) the level of the rate for distance communication if the costs for the usage of the technology;

i) for distance communication are calculated on another ground than the regular fare for communication;

j) if the agreement after the conclusion is archived and if so how to consult it for the buyer;

k) the manner in which the buyer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement;

l) any other languages, including Dutch, for the agreement;

m) the codes of conduct to which the entrepreneur is subject and the manner in which the m)buyer can consult electronically the codes of conduct; and

n) the minimum duration of the distance agreement in the event of a length transaction.

Article 5- The Agreement

The agreement is finalized, subject to the provisions in paragraph 4, at the moment the buyer accepts the offer and meets the conditions.

If the buyer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the buyer can terminate the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the buyer can pay electronically, the entrepreneur will observe the necessary security measures.

The entrepreneur can notify or check, within the legal framework, if the buyer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.

The entrepreneur shall send the following information with the products or services, written or in such a manner that the buyer can store in an accessible way the data on a durable medium:

a) The address of the company for the buyer to file complaints.

b) The conditions and the way how the buyer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.

c) Information about after sales guarantees and services.

d) Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement.

e) The requirements for termination of the agreement if the agreement has a duration of one year or more or of if it has an indefinite duration.

In case of a length transaction the previous clause e. is only applicable for the first delivery.

Article 6- Right of Withdrawal

After purchasing Aviator line® products the buyer has the possibility to disband the agreement without giving reasons during 5 days. The cooling off period starts on the day after entrepreneur received the order from buyer. After payment of the first-term bill, the agreement is binding.

Article 7- Pricing

During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.

Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:

a) These are the result of legal regulations or provisions; or

b) The buyer has the competence to terminate the agreement from the day the price increase takes effect.

The in the offer mentioned prices include VAT.

Article 8- Conformity and Guarantees

The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the buyer under the agreement can put forward against the entrepreneur.

Article 9- Delivery and Execution

The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.

The address that has been made known by the buyer to the entrepreneur is considered to be the delivery place.

Taking into account what is stated in article 4 of the general conditions/terms , the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the buyer is notified about this no later than 30 days after he placed the order. In that case the buyer has the right to terminate the agreement without any further cost and he is entitled to compensation.

In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the buyer has paid as soon as possible but no later than 30 days after the termination.

If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.

The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the buyer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed.

Buyer is obliged, while ordering to let entrepreneur know to which floor must be delivered. All prices listed on the website include delivery and installation on the ground floor. If buyer neglects to mention the aforementioned, entrepreneur has the right to take the additional delivery costs into account (€18,15 per floor VAT included) plus an additional €24,20 (VAT included) administrative costs. Buyer is then obliged to pay entrepreneur within 8 days after receiving the extra costs bill.

Article 10- Length transactions: duration, termination and extension

The buyer can terminate at any time an agreement which has been entered for an indefinite period and which extends to regular delivery of products and services respecting the applicable termination rules of a notice of not more than one month.

The buyer can terminate at any time an agreement entered for a definite period and which extends to regular delivery of products or service at the end of the definite period respecting the applicable termination rues of a notice of not more than one month.

The buyer can in the agreements in the previous mentioned paragraph:

at all times terminate with no restrictions to terminate at a certain time or during a certain period

at least terminate in the same manner as they are entered into by him

at all times terminate with the same notice as the entrepreneur has obtained for himself.

An agreement which has been entered for a definite time and which extends to a regular delivery of products (including electricity) or services may not  automatically be extended or renewed for a fixed duration.

An agreement which has been entered for a definite time and which extends to a regular delivery of products and services, may only be automatically extended for an indefinite period if the buyer at any time terminate with a notice period of no more than one month and a notice period of no more than three months if the in case the agreement extends to a regular delivery, but less than one time per month, of daily newspapers, weeklies and magazines.

If an agreement has a duration period of more than one year, the buyer may after one year terminate at any time with a notice period of not more than one month unless reasonableness and fairness are opposed against termination before the end of the agreed duration.

Article-11 Payments

Unless otherwise agreed, the amounts due have to be met by the buyer within 8 days after entering the cooling off period referred to article 6, paragraph 1. In case of an agreement to provide a service the cooling off period starts after the buyer has received the confirmation of the agreement.

When selling products to buyer, a prepayment of more than 50% must never be stipulated in the general terms and conditions. When a prepayment has been stipulated the buyer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.

Other terms and conditions apply for custom-made Aviator-line® products. This will be determined per order.

The buyer has the duty to notify the entrepreneur about inaccuracies in the payment details. In case of default by the buyer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the buyer in advance.

Article 12- Complaints

The entrepreneur features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.

Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the buyer has observed the defects.

The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the buyer will receive a more detailed answer.

If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.

Article 13- Disputes

Dutch law exclusively applies to agreements between entrepreneur and buyer whereupon these general conditions/terms are related to.

Article 14- Additional and Different Provisions

Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the buyer and should be recorded in writing in such a manner that the buyer can save these in an accessible way on a durable medium.