Terms and Conditions of Sale

Article 1 Definitions

In these general terms and conditions, the following definitions apply:

1. Kas20: the private limited company De wooncontainer B.V., having its registered office and place of business at (1424NW) Noorddammerweg 35, De Kwakel, the Netherlands (Chamber of Commerce number 77299671, VAT number NL860963548B01, telephone 020 2101966, e-mail info@b4n8m2v6c0.digital).
2. The customer: any person who – acting in the course of a profession or business (business customer) or acting as a private individual (consumer) – enters into or wishes to enter into an agreement with Kas20, or to whom Kas20 makes an offer or for whom Kas20 performs a delivery or service.
   

Article 2 Applicability

1. These general terms and conditions apply to all quotations and orders, offers, agreements concluded, and services and acts performed or to be performed. The applicability of any supplementary or deviating general terms and conditions used by the customer is excluded.
2. In the event of any conflict between the content of the agreement concluded between the parties and these general terms and conditions, the provisions of the agreement shall prevail.

Article 3 Offers and agreements

1. All quotations that do not state a period of validity are non-binding. Any obvious errors, such as incorrect prices and calculation and typing errors, on the Kas20 website, in advertising, in offers and quotations, publications, order confirmations or other documents originating from Kas20 are not binding.
2. Kas20 may assume that the information, drawings and the like provided by the customer are correct and complete. The offer will be based on them.
3. The agreement is concluded in writing. Changes to or deviations from orders by the customer are only valid after written approval by Kas20, for which costs may be charged. If changes are required, the customer must notify these in writing within 5 days of the agreement (payment).
4. In the case of a business customer, Kas20 is entitled to continue performance of the agreement, to require advance payment of the full purchase price, or to require security for payment by the customer

Article 4 Quality and description

1. Kas20 undertakes to the customer to deliver the goods in accordance with the agreement.
2. In the case of made-to-measure products, minimal deviations in dimensions are permitted. For the manufacture of wooden products, deviations of up to 3% are permitted, unless expressly agreed otherwise.
   
3. A tolerance of 1-2% applies to the height of tables.
4. Every ceramic tabletop is unique, and the pattern/colour may differ from what is shown on the website. If you choose a bevelled edge/base plate, pressed wood is fitted underneath the ceramic.
5. There are various materials with different finishes: oak veneer (a layer of solid oak on pressed wood), solid oak, solid walnut and patterns (mosaic, herringbone, star and chevron, where a layer of solid oak is laid on pressed wood). For a table in one of these materials, every table is unique and may differ from the showroom model in colour, number of knots or finish.
6. Sofas and dining benches are always described as seen from the front.

Article 5 Retention of title and intellectual property

1. Kas20 remains the owner of the products sold until the customer has paid the price (and any additional costs) in full. For the duration of the retention of title, the customer shall not transfer ownership of the products to third parties or encumber them with third-party rights, except insofar as the customer’s normal business operations require the products to be transferred.
2. The offers, designs, images, drawings, models and the like provided by Kas20 are subject to copyright and intellectual property rights of Kas20, unless agreed otherwise in writing.

Article 6 Delivery time / delivery

1. Delivery times are stated by approximation. In determining delivery times, Kas20 assumes that it can carry out the order under the circumstances known to it at that time.
2. Delivery times only commence once agreement has been reached on all commercial and technical details, Kas20 is in possession of all necessary information and, where agreed, the advance payment has been received.
3. Kas20 undertakes to adhere to the stated delivery time as far as possible, but is not liable for the consequences of exceeding it that it could not reasonably have prevented. If the initial delivery period is exceeded, Kas20 shall be granted a further period in which to deliver. This further period is equal to the original estimated delivery time, up to a maximum of 90 days.
4. Such a delay does not oblige Kas20 to pay any compensation, nor does it entitle the customer to terminate the agreement.
5. Kas20 may make deliveries in separate parts. If the order concerns a dining bench consisting of two or more parts and/or a sofa consisting of multiple sections, these will be delivered directly to the customer via dropshipment and/or our carrier. This also applies to chairs of the Moods and Jesperhome brands.
6. If an order from the customer contains several items with different delivery times, the longest delivery time is used as the basis for the entire order. If the customer wishes the items to be delivered separately, additional shipping or transport costs may be charged.
7. All delivery times communicated by us are indicative and estimated delivery times. No rights can be derived from them. Actual delivery may take place either later or earlier than the period indicated in advance, depending on production, transport and supplier circumstances.

   If an order is ready earlier than the originally estimated delivery time, the seller reserves the right to offer delivery earlier.

   If a customer chooses “freely deliverable”, this means that the order may be delivered as soon as it is ready, even if this is before the originally estimated delivery time. With free delivery, no fixed delivery week or delivery date is guaranteed.

   If the customer is unable to receive an order that is ready for delivery, any storage or additional transport costs may be charged to the customer.

   If delivery is required exclusively within a specific period or from a certain date, this must be explicitly agreed in writing in advance.

Article 7 Transfer of risk

1. Unless agreed otherwise, the agreement includes the transport of the purchased goods by Kas20, which bears the risk of damage and loss. If the purchased goods are delivered by a professional carrier, Kas20 is obliged to arrange adequate insurance.
2. Damage to the customer’s property caused by (employees of) Kas20 must be reported to Kas20 in full and clearly described on the delivery receipt, failing which the customer is deemed to have received the purchased goods undamaged. If there is no opportunity to inspect the delivered goods upon delivery, the customer must state this on the delivery receipt.

Article 8 Delivery

1. The customer is obliged to ensure that the place where delivery is to take place is accessible and that, as far as possible for the customer, everything possible is done to enable smooth delivery. In addition, the customer must ensure that the place where delivery is to take place can be properly locked.
2. If the place where delivery is to take place is not accessible at the time of delivery, for example because the dimensions of the purchased goods prove too large to reach that place, this is at the customer’s expense, and any resulting freight costs, storage costs and the like shall be borne by the customer.
3. Prior to concluding the agreement, the customer must inform Kas20 if the use of aids such as a hoist or crane is necessary for proper delivery. In that case, the agreement will stipulate at whose expense and risk the special aids will be. In the event of incorrect or incomplete information from the customer, the costs of using special aids shall be borne by the customer.
4. Chairs must be assembled by the customer.
   
5. If the customer cannot be reached at the time of delivery, for example due to absence, this is at the customer’s expense.
6. If the customer is not present at the delivery address and no e-mail requesting postponement has been sent, this is at the customer’s expense.

Article 9 Storage of goods

1. If the products are offered on the agreed delivery date but are not accepted, and there is no question of improper delivery, Kas20 will make a second delivery within a reasonable period. Following refusal or after the second delivery, Kas20 is entitled to charge the customer storage costs and any further damage and costs.
2. If the second delivery is also not accepted and this can be attributed to the customer, Kas20 will demand performance of the agreement in writing, granting the customer a period of no more than 30 days to take delivery of the goods. Alternatively, in this case Kas20 is entitled to (partially) terminate the agreement, in which case the customer is obliged to compensate the damage suffered by Kas20.

Article 10 Payment

1. Payment must be made in euros. The prices used by Kas20 state whether they include or exclude VAT.
2. If the sale takes place via the webshop, the customer pays the full invoice amount, including transport costs, when placing the order. Alternatively, the customer may choose to pay 50% of the purchase price, including transport costs, when placing an order and 50% 1 day before delivery. If Kas20 carries out a delivery in performance of an agreement in parts, it is entitled to demand payment for what has been delivered with each partial delivery. The customer receives a partial invoice for each partial delivery.
3. All payments must be received by Kas20 from the customer without any set-off within two weeks of the invoice date. Payment must be made in full before delivery. The customer is in default by operation of law upon expiry of the payment term and thereby owes the statutory interest pursuant to Article 6:119 of the Dutch Civil Code. A business customer owes the statutory commercial interest pursuant to Article 6:119a of the Dutch Civil Code for the period during which it is in default with payment of the purchase price.
4. Without prejudice to the provisions of paragraph 5 of this article, after the occurrence of default Kas20 will send the consumer a reminder requesting payment within fourteen days, starting from the day after the reminder. The consumer will be informed that extrajudicial collection costs will be due if payment is not made, and the amount of those collection costs will be stated.
5. Kas20 is entitled to proceed with the collection of the amount due without further notice of default. In that case, Kas20 is entitled to engage third parties for collection. In that case, the customer also owes extrajudicial collection costs, the amount of which is determined on the basis of the Dutch Extrajudicial Collection Costs (Standards) Act and the associated decree.

Article 11 Withdrawal/termination of the agreement

1. Most of the goods manufactured and/or supplied by Kas20 are custom-made and not prefabricated. Custom-made items include all items manufactured in the Kas20 factory, including made-to-measure tables, sofas, coffee tables, cabinets, TV units and wall shelves. Seating furniture that is not produced by Kas20 itself but is made to measure in an external factory also falls under this definition.

   In the case of a distance contract or an off-premises contract between Kas20 and a consumer, the consumer has no right to dissolve the agreement. This is because the products are manufactured and supplied according to the consumer’s specifications and/or on the basis of their individual choice or decision.

2. Provided that Kas20 consents, the agreement may be terminated by mutual consent without there being any breach. In that case, Kas20 is entitled to compensation consisting of both loss suffered and loss of profit, as estimated and determined by Kas20.
3. Kas20 has the right to suspend the performance of its obligations if it is temporarily prevented by force majeure from fulfilling its contractual obligations towards the customer. If there is a non-attributable failure and performance is or becomes permanently impossible, the parties are entitled to terminate the agreement with immediate effect for that part of the obligations that has not yet been fulfilled. The parties are not entitled to compensation for damage suffered or to be suffered as a result of the suspension or termination within the meaning of this article.
4. If the customer is declared bankrupt, applies for a suspension of payments or decides to go into liquidation, Kas20 has the right to terminate the agreement in whole or in part with immediate effect and to take back the delivered products that have not yet been paid for, without prejudice to its right to compensation.

Article 12 Warranty

1. Unless agreed otherwise in writing, a warranty period of 12 months from delivery of the product applies. If a different warranty period has been agreed, the other paragraphs of this article also apply.
2. In all cases, Kas20 has the right to remedy any defect. Repairs by third parties are therefore not reimbursed by Kas20 unless it has agreed to them in writing in advance. The liability of Kas20 is limited to the free repair of a defective product or to the (partial) replacement of that product, all at the discretion of Kas20.
3. By law, the customer must prevent or limit damage as far as possible and must maintain and treat the product properly and adequately. Deviations in colour, normal wear and tear, structure, etc. may limit or exclude the right to warranty and/or compensation. This is the case if the deviations are acceptable from a technical point of view according to applicable, customary standards or trade practice. No warranty applies to deviations in wood, which include shrinkage, expansion, discolouration or other wood-related properties. Furthermore, no warranty is given on products that were not new at the time of delivery or on goods or parts for which a manufacturer’s warranty has been granted.
4. Outlet items, including used products, returned goods and ex-display models, are offered at a reduced price and fall outside our standard returns policy. These items therefore cannot be returned or exchanged. Outlet items may show signs of use, minor damage or other aesthetic imperfections; these characteristics do not constitute grounds for a complaint. Any warranty on outlet items is limited and applies only insofar as we have expressly stated this in advance. No warranty is given for any defects known and communicated in advance. By purchasing an outlet item, the customer expressly agrees to the condition of the item and to the associated restrictions in the returns and warranty policy.

Article 13 Liability

1. To the extent permitted by law, the liability of Kas20 for damage caused by defects in the delivered products is limited to the net invoice amount of the goods delivered, unless the consequences of this exclusion are demonstrably unreasonably onerous for the customer.
2. Kas20 is never liable for indirect damage, including damage to third parties or loss of profit, unless the consequences of this exclusion are demonstrably unreasonably onerous for the customer.
   

Article 14 Complaints

1. Complaints must be reported to Kas20 in writing immediately after they are discovered. This is possible up to 2 days after delivery. The customer must inspect the products for visible defects immediately upon receipt. Complaints reported after 2 days need no longer be dealt with by Kas20, unless there is a hidden defect. If submission within this period is not reasonably possible, the period of 2 days applies from the moment the defect was discovered or could have been discovered. The complaint must contain a description of the grievances and the defects found.
2. Kas20 is not required to deal with complaints arising from modifications or work carried out on the product, or from acting against the advice of Kas20.

Article 15 Applicable law

All offers, agreements and their performance are governed exclusively by Dutch law.

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