Vestingh Paint & Shops BV

VAT: NL862159301B01

KVK: 81619286

Article 1 General

• 1. These terms and conditions apply to every offer, quotation and agreement between Vestingh Paint & Craft, hereinafter referred to as: “Seller”, and a Counterparty to which Seller has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.
• 2. These terms and conditions also apply to agreements with the Seller for the execution of which the Seller must involve third parties.
• 3. These general terms and conditions are also written for the employees of the Seller and its management.
• 4. The applicability of any purchasing or other conditions of the Other Party is expressly rejected.
• 5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remaining provisions in these general terms and conditions shall remain fully applicable. Seller and the Other Party shall then enter into consultations in order to agree on new provisions to replace the null and void or annulled provisions, whereby the purpose and scope of the original provisions shall be taken into account as much as possible.
• 6. If there is any ambiguity regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be made 'in the spirit' of these provisions.
• 7. If a situation arises between the parties that is not covered by these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
• 8. If Seller does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that Seller in any way loses the right to require strict compliance with the provisions of these conditions in other cases.

Article 2 Quotations and offers

• 1. All quotations and offers from Seller are without obligation, unless a term for acceptance is stated in the quotation. A quotation or offer expires if the product to which the quotation or offer relates is no longer available in the meantime.
• 2. The Seller cannot be held to its quotations or offers if the Other Party could reasonably understand that the quotations or offers, or a part thereof, contain an obvious error or mistake.
• 3. The prices stated in a quotation or offer include VAT and other government levies as well as any costs to be incurred under the agreement, including travel and accommodation, shipping and administration costs, unless stated otherwise.
• 4. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, the Seller is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the Seller indicates otherwise.
• 5. A composite quotation does not oblige Seller to perform a part of the order for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.

Article 3 Contract duration; delivery times, execution and amendment of agreement; price increase

• 1. The agreement between Seller and the Counterparty is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
• 2. If a term has been agreed or specified for the completion of certain work or for the delivery of certain items, this is never a fatal term. If a term is exceeded, the Other Party must therefore give the Seller written notice of default. The Seller must be given a reasonable term to still perform the agreement.
• 3. Delivery takes place ex works of Seller. The Counterparty is obliged to accept the goods at the moment they are made available to him. If the Counterparty refuses to accept or is negligent in providing information or instructions necessary for the delivery, Seller is entitled to store the goods at the expense and risk of the Counterparty.
• 4. The Seller is entitled to execute the agreement in different phases and to invoice the part thus executed separately.
• 5. If the agreement is executed in phases, the Seller may suspend the execution of those parts belonging to a subsequent phase until the Other Party has approved the results of the preceding phase in writing.
• 6. If the Seller requires information from the Other Party for the performance of the agreement, the performance period will not commence until the Other Party has made this information available to the Seller correctly and completely.
• 7. If during the execution of the agreement it appears that it is necessary to change or supplement it for a proper execution thereof, the parties will adjust the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the Other Party, the competent authorities, etc., is changed and the agreement is thereby changed in qualitative and/or quantitative terms, this may have consequences for what was originally agreed. As a result, the originally agreed amount may be increased or decreased. The Seller will provide a price quote for this in advance as much as possible. The originally stated term of execution may be changed by a change to the agreement. The Other Party accepts the possibility of changing the agreement, including the change in price and term of execution.
• 8. If the agreement is amended, including a supplement, the Seller is entitled to first implement it after approval has been given by the person authorised within the Seller and the Other Party has agreed to the price and other conditions stated for the implementation, including the time at which it will be implemented. Failure to implement the amended agreement or failure to implement it immediately does not constitute a breach of contract by the Seller and is not grounds for the Other Party to terminate the agreement.
• 9. Without being in default, the Seller may refuse a request to amend the agreement if this could have consequences in terms of quality and/or quantity, for example for the work to be carried out or the goods to be delivered in that context.
• 10. If the Counterparty fails to properly fulfil its obligations towards the Seller, the Counterparty shall be liable for all damage (including costs) incurred by the Seller as a result, directly or indirectly.
• 11. If the Seller agrees on a specific price when concluding the agreement, the Seller is nevertheless entitled to increase the price under the following circumstances, even if the price was not originally stated subject to reservation.
  • If the price increase is the result of a change to the agreement;
  • If the price increase results from a power vested in the Seller or an obligation imposed on the Seller under the law;
  • In other cases, provided that the Counterparty who is not acting in the exercise of a profession or business, is entitled to terminate the agreement by means of a written statement if the price increase amounts to more than 10% and takes place within three months after the conclusion of the agreement, unless the Seller is then still prepared to execute the agreement on the basis of the original agreement, or if it has been agreed that delivery will take place more than three months after the purchase.
• Only one discount, voucher or discount code can be used per order. Also, each discount, voucher or discount code can only be used once per address. Registration of the address is mandatory.

Article 4 Suspension, termination and interim cancellation of the agreement

• 1. The Seller is entitled to suspend the fulfillment of the obligations or to terminate the agreement immediately and with direct effect, if:
  • the Counterparty fails to fulfil its obligations under the agreement, fails to fulfil them in full or fails to fulfil them on time;
  • circumstances that have come to the attention of the Seller after the conclusion of the agreement give good reason to fear that the Other Party will not fulfil its obligations;
  • the Counterparty was requested to provide security for the fulfilment of its obligations under the agreement when concluding the agreement and this security is not provided or is insufficient;
  • If, due to the delay on the part of the Other Party, the Seller can no longer be required to fulfil the agreement under the originally agreed conditions, the Seller is entitled to terminate the agreement.
  • If circumstances arise which are of such a nature that compliance with the agreement is impossible or continued maintenance of the agreement unchanged cannot reasonably be expected of the Seller.
• 2. If the termination is attributable to the Other Party, the Seller is entitled to compensation for the damage, including the costs, directly and indirectly incurred as a result.
• 3. If the agreement is dissolved, the claims of the Seller on the Other Party are immediately due and payable. If the Seller suspends the fulfillment of the obligations, he retains his claims under the law and the agreement.
• 4. If the Seller suspends or dissolves the agreement on the grounds stated in this article, he shall not be obliged to pay any compensation for damage and costs incurred in any way as a result, or to provide compensation, while the Other Party is obliged to pay compensation or compensation on the grounds of breach of contract.
• 5. If the agreement is terminated prematurely by the Seller, the Seller will, in consultation with the Other Party, ensure that any work still to be performed is transferred to third parties. This unless the termination is attributable to the Other Party. Unless the premature termination is attributable to the Seller, the costs for transfer will be charged to the Other Party. The Seller will inform the Other Party in advance as much as possible about the extent of these costs. The Other Party is obliged to pay these costs within the period specified by the Seller, unless the Seller indicates otherwise.
• 6. In the event of liquidation, (application for) suspension of payment or bankruptcy, seizure – if and to the extent that the seizure has not been lifted within three months – at the expense of the Counterparty, debt restructuring or any other circumstance as a result of which the Counterparty can no longer freely dispose of its assets, the Seller shall be entitled to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any damages or compensation. In that case, the claims of the Seller on the Counterparty shall be immediately due and payable.
• 7. If the Counterparty cancels an order placed in whole or in part, the items ordered or prepared for that purpose, increased by any associated transport and delivery costs and the working hours reserved for the execution of the agreement, will be charged to the Counterparty in full.

Article 5 Force Majeure

• 1. The Seller shall not be obliged to fulfil any obligation towards the Other Party if he is prevented from doing so as a result of a circumstance that is not attributable to fault and for which he is not responsible under the law, a legal act or generally accepted views.
• 2. In these general terms and conditions, force majeure shall be understood to mean, in addition to what is understood in this regard in law and case law, all external causes, foreseen or unforeseen, over which the Seller has no influence, but which prevent the Seller from fulfilling its obligations. The Seller shall also have the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the Seller should have fulfilled its obligation.
• 3. Seller may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then either party is entitled to terminate the agreement, without any obligation to compensate the other party for damages.
• 4. If, at the time of the occurrence of force majeure, the Seller has already partially fulfilled its obligations under the agreement or will be able to fulfil them, and the part that has been fulfilled or is yet to be fulfilled has an independent value, the Seller is entitled to invoice the part that has already been fulfilled or is yet to be fulfilled separately. The Other Party is obliged to pay this invoice as if it were a separate agreement.

Article 6 Payment and collection costs

• 1. Payment must always be made within 30 days of the invoice date, in a manner to be specified by the Seller and in the currency in which the invoice was issued, unless otherwise specified in writing by the Seller. The Seller is entitled to invoice periodically.
• 2. If the Counterparty fails to pay an invoice on time, the Counterparty will be in default by operation of law. The Counterparty will then owe interest. In the case of consumer purchases, the interest will be equal to the statutory interest. In other cases, the Counterparty will owe interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest will be owed. The interest on the amount due will be calculated from the moment the Counterparty is in default until the moment of payment of the full amount due.
• 3. Seller has the right to apply payments made by the Counterparty first to reduce costs, then to reduce accrued interest and finally to reduce the principal and current interest.
• 4. Seller may, without thereby being in default, refuse an offer of payment if the Counterparty indicates a different order for the allocation of the payment. Seller may refuse full repayment of the principal sum if the accrued and current interest and collection costs are not also paid.
• 5. The Counterparty is never entitled to set off any amount owed by it to the User.
• 6. Objections to the amount of an invoice do not suspend the payment obligation.
• 7. If the Counterparty is in default or in breach of its obligations (in a timely manner), all reasonable costs incurred to obtain satisfaction out of court shall be borne by the Counterparty. The extrajudicial costs shall be calculated on the basis of what is customary in Dutch debt collection practice at that time, currently the calculation method according to Rapport Voorwerk II. However, if the Seller has incurred higher costs for collection that were reasonably necessary, the actual costs incurred shall be eligible for compensation. Any legal and execution costs incurred shall also be recovered from the Counterparty. The Counterparty shall also owe interest on the collection costs owed.

Article 7 Retention of title

• 1. All goods delivered by the Seller under the agreement shall remain the property of the Seller until the Other Party has properly fulfilled all obligations arising from the agreement(s) concluded with the Seller.
• 2. Items delivered by the Seller that fall under the retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The Other Party is not authorised to pledge or otherwise encumber the items falling under the retention of title.
• 3. The Counterparty must always do everything that may reasonably be expected of it to safeguard the property rights of the Seller.
• 4. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the Other Party is obliged to inform the Seller thereof immediately.
• 5. The Counterparty undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection by the Seller upon first request. In the event of any payment under the insurance, the Seller is entitled to these funds. To the extent necessary, the Counterparty undertakes in advance to the Seller to cooperate in everything that may (appear to) be necessary or desirable in this context.
• 6. In the event that Seller wishes to exercise its ownership rights as referred to in this article, the Counterparty hereby grants unconditional and irrevocable permission in advance to Seller and third parties designated by Seller to enter all places where Seller's property is located and to take back such items.

Article 8 Liability

• 1. The goods to be delivered by the Seller shall meet the usual requirements and standards that can reasonably be set for them at the time of delivery and for which they are intended for normal use in the Netherlands. The liability referred to in this article applies to goods that are intended for use within the Netherlands. In the event of use outside the Netherlands, the Other Party must verify for itself
• or whether the use thereof is suitable for use there and whether they meet the conditions set for them. In that case, the seller may set other conditions with regard to the goods to be delivered or the work to be carried out.
• 2. Any form of liability shall lapse if damage has occurred as a result of or arises from improper or inappropriate use thereof or use after the expiry date, incorrect storage or failure to comply with the advice given by the Seller by the Other Party and/or by third parties when, without the written permission of the Seller, the Other Party or third parties have made or attempted to make changes to the item or if it was processed or edited in a manner other than that prescribed. The Other Party shall also not be entitled to claim compensation if the defect has occurred due to or is the result of circumstances over which the Seller has no influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures) etc.
• 3. Seller is not liable for damage of any nature whatsoever arising from Seller relying on incorrect and/or incomplete information provided by or on behalf of the Other Party.
• 4. The Counterparty is obliged to examine the delivered goods (or have them examined) immediately at the moment that the goods are made available to him or the relevant work has been carried out. In doing so, the Counterparty must examine whether the quality and/or quantity of the delivered goods corresponds with what was agreed and meets the requirements that the parties have agreed in this regard. The Counterparty must also verify whether the colour of the delivered paint is in accordance with his wishes. The Seller is in no case liable for damage suffered due to colour deviations in applied paint. Any defects must be reported to the Seller in writing within one month of discovery. The report must contain a description of the defect that is as detailed as possible, so that the Seller is able to respond adequately. The Counterparty must give the Seller the opportunity to investigate a complaint (or have it investigated).
• 5. If the Counterparty complains in a timely manner, this does not suspend its payment obligation. In that case, the Counterparty also remains obliged to accept and pay for the other items ordered, unless they have no independent value.
• 6. If a defect is reported at a later time, the Other Party will no longer be entitled to repair, replacement or compensation, unless a longer period arises from the nature of the matter or the other circumstances of the case.
• 7. If it is established that an item is defective and a complaint has been made in a timely manner, the Seller will replace the defective item within a reasonable period after receipt of the return or, if return is not reasonably possible, written notification of the defect by the Other Party, at the Seller's discretion, or pay the Other Party compensation for it.
• In the event of replacement, the Counterparty is obliged to return the replaced item to the Seller and transfer ownership thereof to the Seller, unless the Seller indicates otherwise.
• 8. If it is established that a complaint is unfounded, the costs incurred as a result, including the investigation costs incurred by the Seller, will be borne in full by the Other Party.
• 9. Seller is only liable for direct damage.
• 10. Direct damage is understood to mean exclusively:
  • – the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions;
  • – any reasonable costs incurred to ensure that the Seller's defective performance complies with the agreement, to the extent that these can be attributed to the Seller;
  • – reasonable costs incurred to prevent or limit damage, to the extent that the Counterparty demonstrates that these costs have led to a limitation of direct damage as referred to in these general terms and conditions.
• 11. Seller is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business or other stagnation. In the case of consumer purchases, this limitation does not extend further than that which is permitted pursuant to article 7:24 paragraph 2 BW.
• 12. If Seller is liable for any damage, Seller's liability is limited to a maximum of the invoice value of the order, or at least to that part of the order to which the liability relates.
• 13. The liability of the Seller is in any case limited to the amount of the payment of his insurer in the event.
• 14. The limitations of liability contained in this article shall not apply if the damage is due to intent or gross negligence on the part of the Seller or his managerial subordinates.

Article 9 Limitation period

• 1. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against the Seller and third parties involved by the Seller in the performance of an agreement is one year.
• 2. The provisions of paragraph 1 shall not apply to legal claims and defences based on facts that would justify the assertion that the delivered item does not correspond to the agreement. Such claims and defences shall lapse after two years after the Counterparty has notified the Seller of such non-conformity.

Article 10 Transfer of Risk

• 1. The risk of loss, damage or depreciation shall pass to the Counterparty at the time the goods are placed in the Counterparty's possession.

Article 11 Indemnification

• 1. The Counterparty shall indemnify the Seller against any claims by third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to other than the Seller.
• 2. If Seller is approached by third parties on this basis, the Counterparty is obliged to assist Seller both out of court and in court and to immediately do everything that may be expected of him in that case. If the Counterparty fails to take adequate measures, the Seller is entitled, without notice of default, to take such measures himself. All costs and damage on the part of Seller and third parties arising as a result thereof shall be entirely for the account and risk of the Counterparty.

Article 12 Applicable law and disputes

• 1. All legal relationships in which Seller is a party are exclusively governed by Dutch law, even if an obligation is performed in whole or in part abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
• 2. The parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.

Article 13 Location and amendment of conditions

• 1. These terms and conditions have been filed with the Chamber of Commerce for Gooi-Eem and Flevoland.
• 2. The most recently filed version or the version that was valid at the time the legal relationship with the Seller was established shall always apply.
• 3. The Dutch text of the general terms and conditions is always decisive for their interpretation.

Click here for the RETURN POLICY of Vestingh Paint • Craft • Lifestyle.

Click here for the PRIVACY STATEMENT of Vestingh Paint • Craft • Lifestyle. Or download the file here.

When purchasing products from Vestingh Paint • Craft • Lifestyle, the customer must agree to the general terms and conditions, including our return policy and privacy statement.