DISCLAIMER FOR BEBOB DESIGN
BY: CASEY GODRIE, 20TH CENTURY ICONS & PROPS
Article 1. Applicability
1.1 These General Terms and Conditions of Sale (hereinafter referred to as: Terms and Conditions) apply to all offers, orders, and agreements of Icons & Props, to the exclusion of any other general terms and conditions. These Terms and Conditions have been filed with the Chamber of Commerce in Amsterdam under number 62195220; they can also be consulted on our website. Accepting an offer or placing an order constitutes acceptance of the applicability of these Terms and Conditions. Deviations from the provisions of these Terms and Conditions are only permitted in writing, in which case the remaining provisions remain in full force and effect. All rights and claims stipulated in these Terms and Conditions and in any other agreements for the benefit of Icons & Props are also stipulated for the benefit of intermediaries and other third parties engaged by Icons & Props.
Article 2. Offers/Agreements
2.1 Icons & Props’ offers are non-binding, and Icons & Props expressly reserves the right to change prices, particularly when required by (legal) regulations. The agreement, regardless of its name, is only concluded after the seller accepts an order from the client. This acceptance can be evidenced by the seller’s written or email confirmation, or by the fact that the seller is executing the agreement.
Article 3. Prices and Payments
3.1 If, after the agreement has been concluded, one or more of the price factors increase, the supplier is entitled to increase the agreed price accordingly, even if the increase is caused by foreseeable circumstances. The supplier will notify the client of any such price increase as soon as possible. If such a price increase occurs within three months of the effective date of the agreement, the client is entitled to terminate the agreement within seven (7) days of receiving the announced price increase. 3.2 Payment will be made using one of the methods indicated during the ordering process. The payment date is the date on which Icons & Props’ bank account is credited.
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3.3 If the client fails to meet payment obligations, the supplier is entitled to suspend its activities.
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3.4 The client is not entitled to deduct any amounts owed to the supplier from any amounts owed by the client to the supplier.
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3.5 All amounts owed by the client are immediately due and payable if the client fails to meet their payment obligations, becomes bankrupt, applies for a provisional or definitive suspension of payments, is placed under guardianship, if their assets and/or claims are seized in execution, is liquidated or dissolved, or, if the client is a natural person, dies.
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3.6 Delivery of goods is subject to retention of title; The ordered goods remain the property of the supplier until full payment or an irrevocable guarantee, to which the supplier agrees, has been provided.
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3.7 If the supplier invokes a product that cannot (or can no longer) be supplied or an incorrectly stated sales price, the supplier may cancel the agreement unless, in the latter case, the customer subsequently agrees to the correct price, which the supplier will then notify them of. Items will not be supplied at an incorrect price. If the supplier cancels the agreement, the paid amount will be refunded to the customer within ten days.
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3.8 Cancellation/Exchange: The buyer declares that they are familiar with the item to be purchased and have physically seen it during the opening hours of one of the locations, thereby waiving the right of “distance selling.”
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3.9 If an order and/or goods are cancelled within 7 days after the order was placed and payment has been made, a fee equal to 25% of the price of the cancelled goods will be charged. Cancellation of collector’s items, used goods, showroom models, and work orders is not possible unless expressly agreed in writing and stated on your invoice. Cancellation is no longer possible after 7 days after payment and order placement.
Article 4. Delivery
4.1 Delivery will be made by handover at one of the locations or to an address specified by the client, at a cost to be determined later. Ordered goods that are in stock will be shipped the week following the Friday on which payment is processed. Goods to be ordered will be delivered after the usual delivery time. Furniture typically takes 2 to 3 months, with the exception of overseas products, Giso lighting, etc., approximately 3 weeks.
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4.2 The delivery time commences on the Monday following the specified payment date.
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4.3 The delivery time specified by the seller is based on the working conditions applicable at the time of the order confirmation and on the timely delivery of the materials required for the execution of the agreement, as ordered by the seller. If a delay occurs through no fault of the seller due to changes in the aforementioned working conditions or because materials ordered in time for the execution of the work are not delivered on time, the delivery time will be extended as necessary. The delivery time will also be extended if the delay is caused by the seller, for example, due to the client’s failure to comply with any obligation arising from the agreement or to cooperate with the client.
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4.4 Except in cases of intent or gross negligence on the part of the supplier, exceeding the delivery time does not entitle the client to full or partial termination of the agreement, nor to compensation for any damages suffered by the client.
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4.5 If delivery cannot take place in the agreed manner due to causes beyond the supplier’s control, the supplier is entitled to charge the client for the associated costs.
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4.6 All additional expenses related to delivery or storage, incurred by Icons & Props or the supplier at the client’s express request, due to collection or delivery not being made by appointment, will be charged separately to the client, unless otherwise agreed in writing. Storage in the Icons & Props warehouse is charged at €5 per day. 4.7 The buyer declares that they are aware that second-hand items may show signs of wear and must inspect the offered item upon receipt. If, unexpectedly, something is not in order, the buyer must refuse the item due to damage or, after consultation, accept the item after demonstrably notifying the carrier of the observed damage. The seller must then be notified immediately in writing.
Article 5. Force Majeure
5.1 In these terms and conditions, “force majeure” means any failure that cannot be attributed to BeBoB Design, because it is not its fault and is not its responsibility under law, legal act, or prevailing public opinion, as well as, to the extent not already included: war, threat of war, civil war, riots, strikes, import and export bans, fire, and other serious disruptions in the business of BeBoB Design or its suppliers. Article 6. Suspension and Termination.
Article 6.
6.1 If the client fails to fulfill, fails to properly fulfill, or fails to timely fulfill any obligation arising from the agreement concluded with the seller or any related agreement, or if there is good reason to fear that the client is or will be unable to fulfill its contractual obligations to the supplier, as well as in the event of bankruptcy, suspension of payments, closure, or partial transfer of the client’s business, the supplier is entitled, without notice of default, to either suspend the performance of the agreement for a maximum of six months or to terminate it in whole or in part.
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6.2 In the event of suspension or termination in accordance with the provisions of paragraph 1 of this article, the agreed price becomes immediately due and payable.
Article 7. Securities/Retention of Title
7.1 If Icons & Props has valid reasons to doubt the client’s willingness to pay and financial solvency, it has the right, before delivering, performing, or continuing work, to request security for the fulfillment of all the client’s obligations under the agreement. If such security is refused by the client, Icons & Props is entitled to consider the agreement dissolved, without prejudice to Icons & Props’ rights to compensation for damages, expenses, interest, and loss of profit.
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7.2 The client only becomes the owner of the goods delivered by Icons & Props under the condition precedent of full payment of the agreed price. Icons & Props remains the owner of the delivered goods until the client has paid its claims under the agreement. As long as the client has not paid these claims, the client is not entitled to establish a lien, whether possessory or not, on the goods delivered. If the client fails to fulfill the aforementioned obligations, the seller is entitled to take back the delivered goods without further notice of default.
Article 8. Liability
8.1 The seller is only liable for damage incurred during or in connection with the performance of the agreement if and insofar as: – the damage is the result of intent and/or gross negligence on the part of the seller and/or its managerial subordinates; – the seller has insured the risk of this damage, not being the result of intent and/or gross negligence on the part of the seller and/or its managerial subordinates, under customary conditions, or at least must be deemed to have been able to insure itself under customary conditions. – In such a case, the seller will be liable for compensation up to a maximum of the amount for which it is insured, or at least could have insured itself, in the manner stipulated in the preceding paragraph.
Article 9. Warranty
9.1 Warranties issued by the seller regarding items not manufactured by the seller are only provided if and insofar as the seller’s supplier has issued a warranty covering any damage caused.
Article 10. Complaints/Claims
10.1 The Client may, under penalty of forfeiture of all rights to which they are entitled, invoke a defect in the performance of the agreement only if they have protested to the seller by registered letter with reasons within a reasonable period, normally understood as seven (7) days after discovering or reasonably should have discovered the defect.
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10.2 Complaints do not entitle the Client to suspend their obligations in whole or in part.
Article 11. Applicable law and competent court
11.1 All rights, obligations, offers, orders, and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
Article 12. Jurisdiction
12.1 All disputes arising from this agreement will be submitted exclusively to the competent court in Amsterdam. Icons & Props, address: Industriestraat 42, 1976 CV IJmuiden, Chamber of Commerce number: 62195220, VAT number: NL001164009B89
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