Terms and Conditions

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 these terms and conditions have not been expressly and has been waived in writing.
  • 2. The present terms and conditions also apply to agreements with the Seller, for the implementation of which the Seller must involve third parties.
  • 3. These general terms and conditions have also been written for the employees of the Seller and its management.
  • 4. The applicability of any purchase 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 should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The Seller and the Other Party will then enter into consultations in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and purport of the original provisions will be taken into account as much as possible.
  • 6. If there is any uncertainty about the interpretation of one or more provisions of these general terms and conditions, the explanation must take place 'in the spirit' of these provisions.
  • 7. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in accordance with the spirit of these general terms and conditions.
  • 8. If the Seller does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that the Seller would in any way lose the right to demand strict compliance with the provisions of these terms and conditions in other cases .

Article 2 Quotations and offers

  • 1. All quotations and offers from the Seller are without obligation, unless a term for acceptance has been set 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 can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistake or error.
  • 3. The prices stated in a quote or offer include VAT and other government levies as well as any costs to be incurred in the context of the agreement, including travel and accommodation costs, shipping and administration costs, unless stated otherwise.
  • 4. If the acceptance deviates (whether or not on minor points) 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 the Seller to perform part of the order against a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.

Article 3 Contract term; delivery terms, implementation and amendment of the agreement; price increase

  • 1. The agreement between the Seller and the Other Party is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
  • 2. If a period has been agreed or specified for the completion of certain work or for the delivery of certain goods, this is never a strict deadline. If a term is exceeded, the Other Party must therefore give Seller written notice of default. The seller must be offered a reasonable period of time to still implement the agreement.
  • 3. Delivery takes place ex Seller's company. The Other Party is obliged to take delivery of the goods at the moment they are made available to it. If the Other Party refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, the Seller is entitled to store the goods at the expense and risk of the Other Party.
  • 4. The seller is entitled to perform the agreement in different phases and to invoice the part thus executed separately.
  • 5. If the agreement is performed in phases, the Seller may suspend the execution of those parts that belong 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 implementation period will not commence until after the Other Party has provided the Seller with correct and complete information.
  • 7. If during the implementation of the agreement it appears that it is necessary to change or supplement it for proper implementation, the parties will proceed to amend the agreement in good time 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, of the competent authorities, etc., is changed and the agreement is changed in qualitative and / or quantitative terms as a result, this may have consequences for what was originally agreed. As a result, the originally agreed amount can be increased or decreased. The seller will provide a quotation in advance as much as possible. Due to an amendment to the agreement, the originally stated term of execution can be changed. The Other Party accepts the possibility of amending the agreement, including the change in price and term of execution.
  • 8. If the agreement is amended, including an addition, the Seller is entitled to implement this only after approval has been given by the person authorized within the Seller and the Other Party has agreed to the price and other conditions stated for the implementation. , including the time to be determined at that time at which it will be implemented. The non-execution or non-immediate execution of the amended agreement also does not constitute a breach of contract on the part of the Seller and is no reason for the Other Party to terminate the agreement.
  • 9. Without being in default, the Seller can refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences, for example for the work to be performed or the goods to be delivered in that context.
  • 10. If the Other Party should fail to properly fulfill its obligations towards the Seller, the Other Party will be liable for all damage (including costs) on the part of the Seller that has arisen directly or indirectly as a result.
  • 11. If the Seller agrees on a certain 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 with reservation.
    • If the price increase is the result of a change to the agreement;
    • If the price increase results from an authority vested in the Seller or an obligation resting on the Seller under the law;
    • In other cases, on the understanding that the Other Party, not acting in the exercise of a profession or business, is entitled to dissolve the agreement by means of a written statement if the price increase exceeds 10% and takes place within three months after the conclusion of the contract. the agreement, unless the Seller is then still prepared to perform the agreement on the basis of what was originally agreed, or if it has been stipulated that the 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, dissolution and premature termination of the agreement

  • 1. The seller is authorized to suspend fulfillment of its obligations or to dissolve the agreement immediately and with immediate effect, if:
    • the Other Party does not, not fully or not timely fulfill its obligations under the agreement;
    • after the conclusion of the agreement, the Seller becomes aware of circumstances that give good grounds to fear that the Other Party will not fulfill its obligations;
    • the Other Party was requested to provide security for the fulfillment of its obligations under the agreement when the agreement was concluded 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 expected to fulfill the agreement under the originally agreed conditions, the Seller is entitled to dissolve the agreement.
    • If circumstances arise of such a nature that fulfillment of the agreement is impossible or unaltered maintenance of the agreement cannot reasonably be required of the Seller.
  • 2. If the dissolution is attributable to the Other Party, the Seller is entitled to compensation for the damage, including the costs, which arise directly and indirectly as a result.
  • 3. If the agreement is dissolved, the Seller's claims against the Other Party are immediately due and payable. If the Seller suspends compliance with its obligations, it will retain its claims under the law and the agreement.
  • 4. If the Seller proceeds to suspension or dissolution on the grounds referred to in this article, it will in no way be obliged to pay compensation for damage and costs arising in any way or compensation as a result thereof, while the Other Party, on account of non-performance, compensation or compensation is required.
  • 5. If the agreement is terminated prematurely by the Seller, the Seller will, in consultation with the Other Party, arrange for the transfer of work still to be performed to third parties. This unless the cancellation is attributable to the Other Party. Unless the premature termination can be attributed 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 of the scope of these costs. The Other Party is obliged to pay these costs within the term specified by the Seller, unless the Seller indicates otherwise.
  • 6. In the event of liquidation, (application for) suspension of payments or bankruptcy, of attachment - if and insofar as the attachment has not been lifted within three months - at the expense of the Other Party, of debt restructuring or any other circumstance as a result of which the Other Party cannot can longer freely dispose of its assets, the Seller is free 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 compensation or compensation. In that case, the Seller's claims against the Other Party are immediately due and payable.
  • 7. If the Other Party cancels a placed order in whole or in part, the items ordered or prepared for this, increased by any supply, removal and delivery costs thereof and the working time reserved for the execution of the agreement, will be fully charged to the Other Party. are being brought.

Article 5 Force majeure

  • 1. The Seller is not obliged to fulfill any obligation towards the Other Party if it is prevented from doing so as a result of a circumstance that cannot be attributed to fault, and is not for its account under the law, a legal act or generally accepted views. comes.
  • 2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard by law and jurisprudence, all external causes, foreseen or unforeseen, over which the Seller cannot exert any influence, but as a result of which the Seller is unable to fulfill its obligations after to come. The Seller also has 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. The seller can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement, without any obligation to pay damages to the other party.
  • 4. If, at the time of the commencement of force majeure, the Seller has already partially fulfilled its obligations under the agreement or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, the Seller is entitled to part to be invoiced 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 indicated by the Seller, in the currency in which the invoice is made, unless indicated otherwise in writing by the Seller. Seller is entitled to invoice periodically.
  • 2. If the Other Party fails to pay an invoice on time, the Other Party will be in default by operation of law. The Other Party will then owe interest. In the case of consumer purchase, the interest is equal to the statutory interest. In other cases, the Other Party owes interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the due and payable amount will be calculated from the moment that the Other Party is in default until the moment of payment of the full amount due.
  • 3. The Seller has the right to have the payments made by the Other Party go first to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the accrued interest.
  • 4. The Seller may, without being in default as a result, refuse an offer for payment if the Other Party designates a different order for the allocation of the payment. The seller can refuse full repayment of the principal sum if the accrued and accrued interest and collection costs are not also paid.
  • 5. The Other Party is never entitled to set off the amount it owes the User.
  • 6. Objections to the amount of an invoice do not suspend the payment obligation.
  • 7. If the Other Party is in default or in default in the (timely) fulfillment of its obligations, then all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice at that time, currently the calculation method according to Rapport Voorwerk II. However, if the Seller has incurred higher collection costs that were reasonably necessary, the actual costs incurred will be eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the Other Party. The Other Party also owes interest on the collection costs due.

Article 7 Retention of title

  • 1. All goods delivered by the Seller in the context of the agreement remain the property of the Seller until the Other Party has properly fulfilled all obligations under the agreement(s) concluded with the Seller.
  • 2. Goods 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 authorized to pledge or encumber in any other way the goods subject to retention of title.
  • 3. The Other Party 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 enforce rights thereon, the Other Party is obliged to immediately inform the Seller thereof.
  • 5. The Other Party undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to the Seller upon first request. In the event of a possible payment from the insurance, the Seller is entitled to these monies. Insofar as necessary, the Other Party undertakes vis-à-vis the Seller in advance to cooperate with everything that may (appear to be) necessary or desirable in that context.
  • 6. In the event that the Seller wishes to exercise its property rights referred to in this article, the Other Party gives unconditional and irrevocable permission in advance to the Seller and third parties to be designated by the Seller to enter all those places where the property of the Seller is located and those goods to take back.

Article 8 Liability

  • 1. The goods to be delivered by the Seller meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended under normal use in the Netherlands. The liability referred to in this article applies to items intended for use within the Netherlands. When used outside the Netherlands, the Other Party must verify itself
  • whether their use 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 work to be performed.
  • 2. Any form of liability lapses if damage has arisen as a result of or ensues from improper or improper use thereof or use after the use-by date, incorrect storage or non-compliance with the advice given by the Seller by the Other Party and/or by third parties if, without written permission from the Seller, the Other Party or third parties have made or attempted to make changes to the item or if these have been processed or processed in a manner other than the prescribed manner. The Other Party is also not entitled to compensation if the defect is caused by or is the result of circumstances beyond the Seller's control, including weather conditions (such as, but not limited to, extreme rainfall or temperatures) et cetera.
  • 3. The Seller is not liable for damage, of any nature whatsoever, caused by the fact that the Seller relied on incorrect and/or incomplete information provided by or on behalf of the Other Party.
  • 4. The Other Party is obliged to inspect the delivered goods or have them inspected, immediately at the moment the goods are made available to it or the relevant work has been carried out. In doing so, the Other Party should examine whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed on in this regard. The Other Party must also verify whether the color of the paint supplied is in accordance with its wishes. The Seller is under no circumstances liable for damage suffered by color deviations in the paint applied. Any defects must be reported to the Seller in writing within one month of discovery. The report must contain as detailed a description as possible of the defect, so that the Seller is able to respond adequately. The Other Party must give the Seller the opportunity to investigate a complaint or have it investigated.
  • 5. If the Other Party makes a timely complaint, this will not suspend its payment obligation. In that case, the Other Party also remains obliged to purchase and pay for the otherwise ordered goods, unless they have no independent value.
  • 6. If a defect is reported later, the Other Party will no longer be entitled to repair, replacement or compensation, unless a longer period ensues from the nature of the case or the other circumstances of the case.
  • 7. If it is established that an item is defective and a complaint has been made in this respect in a timely manner, the Seller will, within a reasonable period of time after receipt of the defective item or, if return is not reasonably possible, provide written notification of the defect by the Other Party, at the option replaced by the Seller or to pay a replacement fee for this to the Other Party. In
  • In the event of replacement, the Other Party is obliged to return the replaced item to the Seller and to 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 as a result, will be borne in full by the Other Party.
  • 9. Seller is only liable for direct damage.
  • 10. Direct damage is exclusively understood to mean:
    • – the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;
    • – any reasonable costs incurred to have the Seller's defective performance comply with the agreement, insofar as these can be attributed to the Seller;
    • – reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
  • 11. The seller is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business or other stagnation. In the case of consumer purchases, this restriction does not extend beyond what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
  • 12. If the Seller should be liable for any damage, the liability of the Seller 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 Seller's liability is in any case always limited to the amount of the payment from his insurer, if applicable.
  • 14. The limitations of liability included in this article do 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. Contrary to the statutory limitation periods, the limitation period for all claims and defenses against the Seller and the third parties involved by the Seller in the performance of an agreement is one year.
  • 2. The provisions of paragraph 1 do not apply to legal claims and defenses based on facts that would justify the assertion that the delivered item does not comply with the agreement. Such claims and defenses lapse two years after the Other Party has notified the Seller of such non-conformity.

Article 10 Risk transfer

  • 1. The risk of loss, damage or depreciation is transferred to the Other Party at the moment when goods are brought under the control of the Other Party.

Article 11 Indemnification

  • 1. The Other Party indemnifies the Seller against any claims from third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to others than the Seller.
  • 2. If the Seller should be held liable by third parties on that basis, the Other Party is obliged to assist the Seller both out of court and in court and to immediately do everything that may be expected of him in that case. Should the Other Party fail to take adequate measures, the Seller shall be entitled, without notice of default, to proceed to do so itself. All costs and damage on the part of the Seller and third parties arising as a result thereof are fully for the account and risk of the Other Party.

Article 12 Applicable law and disputes

  • 1. All legal relationships to which the Seller is a party are governed exclusively by Dutch law, even if an obligation is wholly or partly performed 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 courts after they have made every effort to settle a dispute in mutual consultation.

Article 13 Location and change of conditions

  • 1. These terms and conditions have been filed with the Chamber of Commerce Gooi-Eem en Flevoland.
  • 2. The most recently filed version or the version that applied at the time of the establishment of the legal relationship with the Seller always applies.
  • 3. The Dutch text of the general terms and conditions is always decisive for the interpretation thereof.

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 terms and conditions, including our return policy and privacy statement.