R.R. Jacobse, trading under the name Snaidero Concept Store, R.J. Keukens, Jouwkeuken.nl and EuropKitchen.com.
address: Nieuwstraat 22, 4341 AS Arnemuiden. Chamber of Commerce no. 22046828

ARTICLE 1: DEFINITIONS
1.1 The definitions below are applied in these general conditions.
– supplier: R.R. Jacobse, trading under the name Snaidero Concept Store, R.J. Keukens, Jouwkeuken.nl. and EuropKitchen.com, who wish to enter into an agreement with the customer.
– customer: the buyer/client/person with whom the supplier enters into an agreement.
– delivery: the actual/concrete delivery to the customer of the purchased/partially completed goods.
– connection: the connecting of all supply and return pipes and wiring to existing and correctly installed connection points.
– installation: the installing of all supply and return pipes, wiring and connection points required for the correct assembly of the purchased goods.
– assembly (placement): the assembly and adjustment of the goods purchased by the customer or parts thereof.
– other activities: activities other than connection, installation and assembly, which have been agreed upon.

ARTICLE 2: APPLICABILITY/GENERAL
2.1 These general conditions apply to all offers, orders and agreements by or with the supplier.
2.2 The supplier expressly rejects the application of any general and other terms and conditions used by a customer. These are only part of an agreement if the supplier has expressly accepted them in writing.
2.3 The customer is deemed to agree to these general conditions, unless he declares in writing that he rejects them before concluding the agreement.
2.4 If a provision in these general conditions is inapplicable, void or voidable in a concrete case, this does not affect the applicability of the other provisions.
2.5 The supplier is entitled to change the price of goods sold under the agreement as a result of, for example, changes in employment conditions (including wages), social regulations, taxes, purchase prices, changed exchange rates, etc., if a period of more than 12 months expires between the time of conclusion of the agreement and delivery. The same applies to changes in price lists that have entered into force after conclusion of the agreement.
2.6 The supplier may engage third parties in the execution of the agreement.
2.7 Unless stated otherwise in the agreement, the offered prices are exclusive of (in)direct taxes, surcharges, insurance premiums and shipping and transport costs.

ARTICLE 3: TENDERS AND OFFERS
3.1 Offers/quotations/price lists/delivery times, etc., from the supplier are without obligation.
3.2 Unless stated otherwise in the agreement, quotations are based on data, drawings and measurement provided by the customer, possibly supplemented by measurements by the supplier. The customer shall inform the supplier of any facts and circumstances that may affect the execution of the agreement insofar as they are relevant to a quotation.
3.3 A quotation covers only those activities and materials that are included therein. The connection, installation and assembly of materials is therefore, unless expressly stated in the agreement, not covered by an agreement.
3.4 An agreement is concluded only after acceptance by the supplier.
3.5 Additions/changes as a result of an agreement are binding only after written acceptance by the supplier.
3.6 The customer shall ensure that the supplier is able to carry out the work correctly and without hindrance.
3.7 The customer is responsible for the presence of installation points, pipelines, drainage pipes, etc., in accordance with the supplier’s specifications. If this is done on the basis of data provided by the customer, the supplier accepts no liability for the accuracy thereof.

ARTICLE 4: DOWN PAYMENT
4.1 Unless stated otherwise in the agreement, the customer shall pay 30% of the order to the supplier upon conclusion of the agreement, 60% on delivery and 10% within 14 days of delivery.
4.2 A drop in prices after conclusion of an agreement does not give rise to any price reduction.
4.3 The supplier may require the customer to provide security for the fulfilment of payment obligations before commencement or continuation of execution of an agreement.

ARTICLE 5: DELIVERY
5.1 The delivery date stipulated in the agreement or later agreed upon shall be considered an approximation. The supplier may deviate from this in the event of special circumstances.
5.2 Late delivery does not entitle the customer to terminate the agreement or to claim damages.
5.3 The risk of the goods passes to the customer on delivery.
5.4 A written notice of default shall be given in the event of late delivery. The customer shall allow the supplier a reasonable period of time to fulfil its obligations. The customer is not entitled to compensation for damages, direct or indirect and of any nature whatsoever, as a result of any failure to meet delivery times and deadlines.
5.5 The customer shall enable the supplier to deliver the purchased goods and perform the agreed work. If the supplier is not in a position to deliver the purchased goods, it is entitled to terminate the agreement or store the goods at the risk and expense of the customer.
5.6 If the customer has not paid 90% of the order on delivery, the supplier may suspend the delivery date. Any related costs are for the customer.
5.7 The customer shall ensure timely acquisition by the supplier of the approvals/licensing/data, etc., necessary for the work.
5.8 The customer shall ensure that the place of work is suitable for the intended purpose. All building and/or installation regulations shall be complied with; electricity, heating, running water and adequate ventilation shall be available.
5.9 The customer bears the risk of loss resulting from inaccuracies in the commissioned work, inaccuracies in the structures and working methods requested by the customer, defects in the (im)movable property in or against which the work is carried out and defects in materials and aids made available by the customer.
5.10 The customer shall inform the supplier of all circumstances relevant to the execution of the agreement. The customer shall pay the associated costs.
5.11 Unless agreed otherwise between the parties, the customer shall ensure that installation work has been carried out in a timely and correct manner and that no other work is carried out at the place of execution of the agreement.
5.12 The customer shall ensure that the place of delivery is available and accessible in a timely and easy manner. The customer shall do everything possible to enable speedy delivery and completion.
5.13 If a customer does not fulfil his obligations as stated in the agreement or in these general conditions, he is liable for all loss incurred by the supplier.
5.14 The customer shall treat the property of the supplier and the third parties engaged by the supplier who are at the place of the work with due care.
5.15 The customer shall ensure good accessibility of the place of delivery of the goods. Delivery shall only take place at ground floor level. All costs associated with the vertical transport or delivery on an upper floor are at the expense of the customer.

ARTICLE 6: TRANSPORT/COMPLAINTS
6.1 The transport of goods to the customer is, unless otherwise stipulated in the agreement, included in the price.
6.2 If damage is ascertained on delivery of goods, the customer shall state this on the delivery note. Failing this, delivery in a good condition is assumed.
6.3 If the customer provides the transport, he shall immediately on obtaining the goods check for any damage, failing which receipt by the customer in a good condition is assumed.
6.4 The customer shall provide the supplier with all cooperation required for the investigation of complaints. If the customer does not cooperate or the investigation of complaints is otherwise not possible (any longer), all claims against the supplier shall lapse.
6.5 The presence of any shortcoming/damage does not entitle the customer to suspend his payment obligations.
6.6 Compensation to the customer is excluded.

ARTICLE 7: PAYMENT
7.1 Unless otherwise stipulated in the agreement, invoices shall be paid within eight days of the invoice date. Failing this, the customer shall be in default, without any reminder or notice of default being required.
7.2 In the event of default, the customer shall owe the supplier (cumulative) default interest of 1.5% per month on the balance of the outstanding invoice amount.
7.3 Without prejudice to the right of the supplier to claim the actual damage, the customer shall reimburse all collection costs to the supplier. These are fixed at 15% of the principal due, subject to a minimum of ā‚¬ 100.
7.4 In the event of the default on the part of the customer, the supplier may, without further notice of default or judicial intervention being required, terminate the agreement in whole or in part, under the obligation of the customer to compensate all losses incurred by the supplier.
7.5 In the absence of timely payment of any invoice, all outstanding invoices shall become immediately due and payable, regardless of whether the payment term has expired or not.
7.6 The supplier is entitled to demand security for payment in the event of any suspicion that the customer will not, not fully or not timely meet his financial obligations. The supplier is also entitled to demand advance payment and/or to suspend its obligations until payment has been made or proper security has been provided.
7.7 Payments made by the customer shall always first serve to pay the interest and costs due and then the oldest claimable invoices, even if the customer states that these relate to other invoices.

ARTICLE 8: LIABILITY/GUARANTEE
8.1 Barring intent or wilful recklessness, the supplier shall not be liable for loss, including consequential loss, immaterial loss, business and environmental loss and personal loss, direct or indirect, of any nature whatsoever, irrespective of the origin and the persons by whom such was caused. This also applies to personnel/third parties engaged by the supplier in the execution of the agreement.
8.2 The supplier’s liability, however it may arise, is always limited to the amount paid out by the supplier’s insurer, minus any excess. The supplier shall not be obliged to compensate any loss over and above the aforementioned amount.
8.3 The customer indemnifies the supplier against all claims of whatever nature that third parties may make against the supplier in respect of any loss that exceeds the liability that the customer can assert against the supplier.
8.4 Any liability of the supplier towards the customer shall in any case lapse within six months of delivery of the sold goods.
8.5 In the case of delivery of goods by the supplier that it has purchased from third parties, the supplier only provides a guarantee on those goods if and insofar as it obtains a guarantee from its supplier. In that case, the guarantee shall be equal to the guarantee received by the supplier.
8.6 If the customer can make a claim under guarantee against the supplier, the extent and manner of repair and/or replacement shall be at the discretion of the supplier. If the supplier, for any reason whatsoever, does not obtain a claim under guarantee against its supplier, it is not obliged to provide or implement any guarantee with respect to the customer.
8.7 A guarantee will only extend to the intended use of the delivered goods and performed work or to any special use agreed upon.
8.8. The customer shall act as befits a good customer. This means, for example, that the delivered goods shall be properly and adequately maintained, used and treated. Deviations in colour, wear resistance, structure, etc., may limit or exclude the guarantee.
8.9 The supplier accepts no liability whatsoever for discolouration, cracks caused by shrinkage or the direct action of heat sources such as the sun, heating pipes and fireplaces, too high or too low humidity in rooms, incorrect composition of, or moisture in, walls or floors, etc.

ARTICLE 9: EXTRA COSTS, ADDITIONAL AND/OR LESS WORK
9.1 Costs incurred as a result of the customer’s failure to make the execution or progress of the work possible are for the customer’s account.
9.2 Additional and/or less work will be settled with the customer. Additional work includes all activities and deliveries that are not included in the agreement or do not result therefrom and are requested by the customer. Less work is understood to mean that part of the agreement that is not executed with the consent of both parties.

ARTICLE 10: JOINT AND SEVERAL LIABILITY AND SET-OFF
10.1 If the customer, for whatever reason, has or obtains one/more counterclaims against the supplier, the customer may not set these off against claims of the supplier.
10.2 If the customer consists of one or more natural persons and/or legal entities, they are all liable in full for the fulfilment of the customer’s obligations towards the supplier.

ARTICLE 11: RETENTION OF TITLE
11.1 The supplier shall retain ownership of the delivered goods until the customer has made full payment of claims under any agreement entered into with the supplier as well as claims resulting from default. The supplier shall be entitled to retrieve possession of its goods under retention of title if the customer fails to fulfil any obligation arising from the agreements concluded with the supplier.
11.2 As long as the goods supplied by the supplier are subject to retention of title, the customer shall not be entitled to process these goods, alienate them or establish any form of security thereon.
11.3 If the supplier invokes a retention of title, the agreement concluded in this respect shall be deemed to have been terminated, without prejudice to the supplier’s right to compensation for damage, loss of profit and interest.
11.4 The customer is not entitled to set off his claims against goods subject to retention of title or to suspend his obligation to make such goods available.
11.5. The property law consequences of the retention of title shall be governed by the law of the country in which territory the goods are located at the time of delivery.
11.6. Contrary to the previous paragraph of this article, in case of goods intended for export, the property law consequences of the retention of title shall be governed by the country of destination if that law contains more favourable provisions for the supplier in respect of the retention of title than the provisions applicable pursuant to the previous paragraph.
11.7. The client is not authorised to pledge the delivered goods to third parties and/or to establish a non-possessory pledge on them and/or to store the goods under the actual power of financiers, which will be considered a culpable shortcoming on the part of the customer. In that case, the supplier may immediately, without being obliged to give notice of default, suspend its obligations under the agreement or terminate the agreement, without prejudice to the supplier’s right to compensation for damage, loss of profit and interest.

ARTICLE 12: SUSPENSION/END
12.1 Without prejudice to its right to compensation, the supplier is entitled, without requiring notice of default and without judicial intervention, to immediately suspend execution of the (related) agreement(s) and/or to dissolve the (related) agreement(s) in whole or in part if:
a. the customer fails to property fulfil any obligation under the agreement;
b. the customer is subject to an application for bankruptcy, moratorium or statutory debt rescheduling;
c. the business of the customer is wound up, liquidated or shut down;
d. attachment is imposed on all of the capital of the customer;
e. the supplier has good reason to fear that the customer is or will not be able to meet his obligations under any agreement entered into with the supplier, and the customer, at the request of the supplier, does not provide sufficient security for the fulfilment of his obligations.
12.2 All the claims that the supplier has/obtains on the customer in cases as referred to in paragraph 1 of this article are immediately due and payable in full, while the supplier is also entitled to retrieve the goods to which it is entitled.
12.3. The customer is not entitled to invoke any right of suspension or set-off against the supplier or to terminate the agreement in whole or in part if he is in default with the fulfilment of his obligations.

ARTICLE 13: DEFAULT
13.1 If the supplier is unable to fulfil its obligations under the agreement concluded with the customer due to non-attributable non-performance on its part or on the part of the third party/supplier engaged for the execution of the agreement, the supplier is entitled to terminate the agreement between the parties or to suspend the performance of its obligations towards the customer for a reasonable period to be determined by the supplier, without being obliged to pay any compensation. In any case, the customer is obliged to fulfil his obligations for the part of the agreement that has been executed.
13.2 Circumstances giving rise to non-attributable non-performance may be understood to include: war, riots, insurrection, mobilisation, domestic and foreign unrest, government measures, strikes and lock-outs by workmen or the threat of these and such circumstances, disruption of the exchange rate existing at the time of entering into the agreement, business interruptions due to fire, accident or other incidents, natural phenomena, regardless of whether the non or late performance takes place with the supplier, its suppliers or third parties who have been engaged by the supplier for the execution of the agreement.
13.3 If the customer in any way fails to promptly fulfil his obligations to the supplier, in case of suspension of payment, application for a moratorium, bankruptcy, attachment, assignment of the estate or liquidation of the customer, everything that he owes the supplier under any agreement shall become immediately due and payable.

ARTICLE 14: CANCELLATION/TERMINATION
14.1 The customer waives all rights to terminate the agreement pursuant to Article 6:265 et seq. Dutch Civil Code or other statutory provisions, unless cancellation under the second paragraph has been agreed.
14.2 Cancellation by the customer is only possible if the supplier agrees thereto in writing.

ARTICLE 15: GENERAL PROVISIONS
15.1 The customer is not entitled to transfer rights and obligations under the agreement or ensuing agreements to third parties in whole or in part.
15.2 Changes to these general conditions or additional or deviating stipulations are only effective if and insofar as the parties have established and signed them in writing.

ARTICLE 16: APPLICABLE LAW AND DISPUTES
16.1 All agreements entered into under these general conditions are governed by Dutch law to the exclusion of provisions of international conventions, including the Vienna Sales Convention, insofar as they do not contain mandatory law.
16.2. All disputes that may arise between the parties in connection with the agreement will be exclusively adjudicated by the District Court of Zeeland-West-Brabant, located in Middelburg, without prejudice to the right of the supplier to summon the customer before the competent court in accordance with the law or convention. A dispute shall be assumed as soon as one of the parties has notified the other party thereof in writing.