General Terms & conditions
The following are the general terms and conditions of DAIR Design, registered with the Chamber of Commerce under number 24454165 and located at Pelgrimsstraat 64 (3029BJ) in Rotterdam.
Article 1 - Definitions
1. Consumer: Natural person who does not act in the exercise of his profession or business.
2. Buyer: The Consumer who enters into an Agreement with DAIR Design.
3. Company: The natural or legal person who acts in the exercise of a profession or business.
4. Offer: Any written offer to the Buyer to supply Products by DAIR Design.
5. Products: the products offered by DAIR Design on the Website.
6. Agreement: the distance or off-premises purchase agreement that extends to the sale and delivery of products purchased by the Buyer from DAIR Design.
7. Website: the website used by DAIR Design is https://dairdesign.com/shop/.
Article 2 - Applicability
1. These general terms and conditions apply to every DAIR Design Offer and to every Agreement concluded between the Buyer and DAIR Design. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer.
2. These General Terms and Conditions shall be made available to the Buyer before an Agreement is concluded. If this is not reasonably possible, DAIR Design shall indicate to the Buyer how the Buyer can view the general terms and conditions, which are in any case published on the Website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
3. In principle, it is not possible to deviate from these general terms and conditions. In exceptional situations, it is possible to deviate from the general terms and conditions if this has been explicitly agreed with DAIR Design in writing.
4. If one or more of the provisions of these general terms and conditions are at any time wholly or partially nullified or declared null and void, the Agreement and these terms and conditions shall otherwise remain in force and the provision in question shall immediately be replaced by a provision that approximates as closely as possible to the purport of the original provision.
5. Uncertainties about the content, explanation or situations that are not covered by these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
Article 3 - The offer
1. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.
2. Obvious mistakes or obvious errors in the Offer do not bind DAIR Design.
3. DAIR Design cannot guarantee that the colours shown in the illustrations correspond exactly to the real colours of the products.
Article 4 - The Agreement
1. Subject to the provisions of paragraph 3, the Agreement is concluded by the Buyer accepting an offer from DAIR Design and complying with the conditions set out therein.
2. Each Agreement is entered into under the suspensive condition that the Products concerned are sufficiently available.
Article 5 - Right of withdrawal and return
1. When purchasing Products, the Buyer has the option of dissolving the Agreement for a period of 14 days without giving reasons. This cooling-off period commences on the day following receipt of the Product by the Buyer.
2. During the cooling-off period, the Buyer will handle the Product and its packaging with care. He will only unpack or use the Product to the extent necessary to be able to assess whether he wishes to keep the Product.
3. If the Buyer wishes to return the Product, he must inform DAIR Design accordingly. He will return the Product to DAIR Design with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by DAIR Design. The Buyer must prove that the delivered goods have been returned on time, for example by means of a proof of dispatch.
4. In the event of termination of the Agreement by the Buyer, the costs of returning the goods shall be for the Buyer's account.
5. If the Buyer has paid an amount, DAIR Design shall repay this amount as soon as possible, but at the latest within 14 days of dissolution. However, this shall be subject to the condition that the product has already been returned by DAIR Design or that conclusive proof of complete return can be presented. Repayment shall be made using the same payment method as that used by the Buyer, unless the Buyer expressly authorises a different payment method.
6. In the event of damage to the product as a result of careless handling by the Buyer himself, the Buyer is liable for any reduction in the value of the product.
Article 6 - Conformity & Warranty
1. DAIR Design guarantees that the Products comply with the Agreement.
2. DAIR Design applies an extra guarantee on the Products of 1 month.
3. If the Product is damaged within this warranty period, the Buyer, at DAIR Design's discretion, is entitled to free repair by DAIR Design or replacement of the Product.
4. This guarantee does not apply if:
a. The Buyer has repaired and/or edited the Products himself or has had them repaired and/or edited by a third party;
b. The Buyer has washed or dried the Products contrary to washing instructions or has otherwise handled the Products contrary to the instructions of DAIR Design;
c. The Products have been handled carelessly;
d. The inadequacy of the Products is wholly or partly the result of regulations that the government has laid down or will lay down with regard to the nature or the quality of the materials used;
e. The defects are the result of normal wear and tear or excessive perspiration;
f. These are defects in the water- or windproofness of the Products, unless this is explicitly stated in the product description.
5. The guarantee provided by DAIR Design does not affect the statutory rights and claims which the Buyer may assert against DAIR Design on the basis of the Agreement.
Article 7 - Delivery and execution
1. DAIR Design will execute accepted orders expeditiously but at the latest within 30 days. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the Buyer will be notified of this no later than 30 days after he has placed the order. In that case, the Buyer has the right to dissolve the Agreement free of charge. The Buyer is not entitled to any compensation.
2. All delivery periods are indicative. The Buyer cannot derive any rights from any of the aforementioned periods. Exceeding a term does not entitle the Buyer to compensation.
3. The risk of damage and/or loss of Products rests with DAIR Design up to the moment of receipt of the Products by the Buyer and a third party designated by him.
Article 8 - Payment
1. The Buyer must pay the amounts owed by him within 14 days after the start of the cooling-off period as referred to in Article 5, paragraph 1.
2. When selling Products, the Buyer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the order or service(s) in question, before the agreed advance payment has been made.
3. If the Buyer fails to fulfil his payment obligation(s) on time, he will owe statutory interest on the outstanding amount after DAIR Design has notified him of the late payment and DAIR Design has allowed the Buyer a period of 14 days to still fulfil his payment obligations, if payment is not made within this 14-day period. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000, with a minimum of €40. DAIR Design may deviate from these amounts and percentages for the benefit of the Buyer.
Article 9 - Complaints
1. Complaints about the performance of the Agreement must be submitted to DAIR Design in full and clearly described form, by telephone or e-mail, within a reasonable period of time after the Buyer has discovered the defects.
2. Complaints submitted to DAIR Design shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, DAIR Design will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the Buyer can expect a more detailed response.
Article 10 - Disputes
1. Agreements between DAIR Design and the Buyer to which these general terms and conditions apply shall be governed exclusively by Dutch law. Even if the Buyer is resident abroad.
2. All disputes arising from or related to agreements to which these general terms and conditions apply shall be submitted to the competent court in Rotterdam.