Terms of service

Article 1 – Definitions

• IronSignShop, established in Biezenmortel, Chamber of Commerce (KvK) number 89731948, is referred to in these general terms and conditions as the Seller.

• The counterparty of the Seller is referred to in these general terms and conditions as the Buyer.

• The Seller and Buyer together are referred to as the Parties.

• The Agreement means the purchase agreement between the Parties.

Article 2 – Applicability of these General Terms and Conditions

1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the Seller.

2. Deviations from these terms and conditions are only valid if expressly agreed upon in writing by the Parties.

Article 3 – Payment

1. The full purchase price is always paid immediately in the webshop. In some cases of reservations, a down payment may be required. In that case, the Buyer will receive proof of the reservation and advance payment.

2. If the Buyer does not pay on time, the Buyer is in default. As long as the Buyer remains in default, the Seller is entitled to suspend its obligations until the Buyer has fulfilled the payment obligation.

3. If the Buyer remains in default, the Seller will proceed with collection. The costs related to collection are borne by the Buyer. These collection costs are calculated in accordance with the Dutch Decree on Compensation for Extrajudicial Collection Costs (Besluit vergoeding voor buitengerechtelijke incassokosten).

4. In the event of liquidation, bankruptcy, attachment or suspension of payments of the Buyer, the Seller’s claims against the Buyer become immediately due and payable.

5. If the Buyer refuses to cooperate with the performance of the order by the Seller, the Buyer remains obliged to pay the agreed price to the Seller.

Article 4 – Offers, Quotations and Price

1. Offers are non-binding unless an acceptance period is stated in the offer. If the offer is not accepted within that period, the offer expires.

2. Delivery times stated in quotations are indicative and do not entitle the Buyer to termination or compensation in the event of exceeding such times, unless expressly agreed otherwise in writing by the Parties.

3. Offers and quotations do not automatically apply to repeat orders. The Parties must expressly agree this in writing.

4. The price stated in offers, quotations and invoices consists of the purchase price including VAT and any other governmental levies.

Article 5 – Right of Withdrawal (Consumers)

1. The consumer has the right to dissolve the agreement within 14 days after receiving the order without stating reasons (right of withdrawal). The period starts from the moment the consumer has received the (entire) order.

2. After notifying the withdrawal, the consumer has another 14 days to return the product.

3. There is no right of withdrawal for products that are made to the consumer’s specifications (custom-made) or products with a limited shelf life.

4. The consumer may use a withdrawal form provided by the Seller. The Seller will make this available to the Buyer immediately upon request.

5. During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer uses the right of withdrawal, the consumer will return the unused and undamaged product, with all accessories supplied and—if reasonably possible—in the original shipping packaging to the Seller.

6. The Seller will refund the due order amount within 14 days after the return has been registered, provided the product has been received back in good order.

Article 6 – Amendment of the Agreement

1. If during the execution of the Agreement it appears that it is necessary to change or supplement the work to be performed, the Parties will timely and in mutual consultation amend the Agreement accordingly.

2. If the amendment or supplement has financial and/or qualitative consequences, the Seller will inform the Buyer in writing in advance.

Article 7 – Delivery and Transfer of Risk

Once the purchased item has been received by the Buyer, the risk transfers from the Seller to the Buyer.

Article 8 – Inspection and Complaints

1. The Buyer is obliged to inspect the delivered goods at the time of delivery.

2. Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to the Seller within 10 working days after the day of delivery.

3. Minor and/or customary deviations in the industry and differences in quality, quantity, size or finishing cannot be held against the Seller.

4. No complaints are accepted after the goods have been processed by the Buyer.

Article 9 – Samples and Models

If a sample or model is shown or provided to the Buyer, it is presumed to have been provided only as an indication, unless expressly agreed otherwise.

Article 10 – Delivery

1. Delivery takes place ex works/store/warehouse. This means that all costs are for the Buyer.

2. If the Buyer refuses acceptance, the Seller is entitled to store the goods at the expense and risk of the Buyer.

3. A delivery period stated by the Seller is indicative and never a strict deadline.

Article 11 – Force Majeure

1. If the Seller cannot meet its obligations due to force majeure, the Seller is not liable for any damage suffered by the Buyer.

2. Force majeure includes illness, war, sabotage, terrorism, power failure, fire, strikes, and disruptions in the Seller’s business or at suppliers.

Article 12 – Transfer of Rights

Rights of a Party under this Agreement cannot be transferred without the prior written consent of the other Party.

Article 13 – Retention of Title and Right of Retention

1. Goods delivered remain the property of the Seller until the Buyer has paid the full agreed price.

2. The Seller is not authorized to pledge the goods under retention of title.

Article 14 – Liability

1. Any liability for damage is always limited to the amount paid out in the relevant case by the Seller’s liability insurance policy.

2. Liability for damage resulting from intent or deliberate recklessness is not excluded.

Article 15 – Complaints Procedure

1. The Buyer is obliged to report complaints immediately.

2. If the webshop is affiliated with WebwinkelKeur, and if complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl) for free mediation.

Article 16 – Warranties

The Seller guarantees that the sold goods conform to the Agreement and will function without defects for a period of two calendar years after receipt, unless the defect arose from improper use.

Article 17 – Intellectual Property

1. IronSignShop retains all intellectual property rights (including copyright, trademark rights, design rights, etc.) on all products, designs, and images.

2. The Buyer may not copy or show these to third parties without prior written consent from IronSignShop.

Article 18 – Amendment of the General Terms and Conditions

1. IronSignShop is entitled to amend or supplement these general terms and conditions.

2. IronSignShop will discuss major substantive changes with the customer as much as possible in advance.

Article 19 – Applicable Law and Competent Court

1. Dutch law exclusively applies to every Agreement between the Parties.

2. The Dutch court in the district where IronSignShop is established has exclusive jurisdiction.