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GENERAL TERMS AND CONDITIONS

1. General
1.1. These General Terms and Conditions apply to all offers, orders, sales, deliveries and agreements of Harzen, hereinafter referred to as the “Seller”.
1.2. These General Terms and Conditions apply to both Consumers and Business Customers.
1.3. “Consumer” means any natural person acting for purposes outside his or her business or professional activity.
1.4. “Business Customer” means any natural person acting in the course of a profession or business, as well as any legal entity, company or other organisation acting in the course of its business or professional activities.
1.5. Where the term “Customer” is used in these General Terms and Conditions, it means both the Consumer and the Business Customer, unless expressly stated otherwise.
1.6. Provisions that exclusively apply to Consumers do not apply to Business Customers.
1.7. Provisions specifically applicable to Business Customers do not apply to Consumers insofar as such provisions deviate from mandatory consumer protection laws.
1.8. These General Terms and Conditions apply in addition to the specific information provided with a product, offer, quotation or order.
1.9. If any provision of these General Terms and Conditions is void, annulled or otherwise proves to be unenforceable, the remaining provisions shall remain in full force and effect. The parties shall replace the relevant provision with a legally valid provision that reflects the purpose and substance of the original provision as closely as possible.


2. Offers and Product Information
2.1. All offers on the website are subject to obvious errors, mistakes and availability.
2.2. The Seller endeavours to present all product information, images, dimensions, prices, technical specifications and other information as accurately as possible.
2.3. Images, colour representations, examples and other visual information on the website are for indicative purposes only, unless expressly stated otherwise.
2.4. An obvious error or mistake in an offer, price, image or product description shall not bind the Seller if the Customer could reasonably have understood that an error had occurred.
2.5. The Customer is responsible for determining whether a product is suitable for the intended application, insofar as this can reasonably be expected of the Customer.
2.6. In particular, Business Customers must independently assess, before placing an order, whether the characteristics of a product are suitable for the specific professional or commercial application for which the product is intended.


3. Colours and Colour References
3.1. Colours displayed on the website are for indicative purposes only.
3.2. The actual appearance of a colour may differ depending, among other things, on: monitor; screen settings; browser; lighting conditions; printing technique; materials used;
measuring equipment; and other circumstances.
3.3. A colour displayed on a screen therefore does not constitute an exact representation of the physical colour of a product.
3.4. Colour values and measurement data displayed on the website are based on available measurement data, technical information and/or measurements obtained using spectrophotometers.
3.5. Such values are intended to be used solely as a guideline or approximation.
3.6. Colour references, including colour fans and colour samples, may differ from one another as a result of production, materials, printing techniques, age, exposure to light and other circumstances.
3.7. Products bearing the same colour name or colour reference may also differ from one another within reasonable limits.
3.8. The Seller does not guarantee that a physical colour fan or colour sample will, under all circumstances, exactly correspond to: a colour displayed on a screen; a previous production batch; another colour fan; another product; paint; coating; printed material; or another material in which the same colour reference is applied.
3.9. Where colour is an essential element of the intended application, the Customer is advised to assess a physical colour reference in advance.
3.10. For large-scale or business-critical applications, it is recommended that a test area, proof print or other physical reference sample be used in advance.
3.11. These provisions do not affect the statutory rights of Consumers where a delivered product does not conform to the agreement.


4. Finish and Product Characteristics
4.1. Product characteristics such as gloss, adhesion, shelf life, wear resistance, lightfastness, colourfastness, texture and surface finish may depend on the relevant product, supplier, production batch, storage conditions, conditions of use and application.
4.2. Terms such as “matt”, “glossy”, “textured” and similar descriptions may be interpreted differently by different suppliers.
4.3. For third-party products, the Seller cannot guarantee that particular characteristics will be maintained under all circumstances for a specific period, unless such guarantee has been expressly provided in writing.
4.4. Business Customers are responsible for checking whether a product is suitable for the specific application for which they intend to use it.
4.5. The Customer shall, insofar as reasonably possible, review the relevant technical specifications and product information before purchase.
4.6. This article does not affect the statutory rights of Consumers.


5. Formation of the Agreement
5.1. An agreement is concluded once the Customer has placed an order and the Seller has confirmed the order, or once the Seller and the Business Customer have entered into a written agreement.
5.2. The Seller is entitled to refuse an order or attach conditions to an order if there is a reasonable basis for doing so, for example in the event of incorrect customer information, suspected fraud, payment problems, obvious pricing or product errors, insufficient stock, or other circumstances in which the Seller cannot reasonably be required to fulfil the order.
5.3. For Business Customers, an agreement may also be concluded by means of a quotation, written order, order confirmation or other business correspondence.


6. Prices
6.1. The prices stated on the website apply at the time the order is placed.
6.2. For Consumers, prices are displayed including applicable VAT.
6.3. Any shipping costs and other additional costs shall be communicated to the Consumer before the order is finally placed.
6.4. Different prices, volume prices, discount arrangements and shipping conditions may apply to Business Customers.
6.5. An obvious pricing error shall not bind the Seller if the Business Customer or Consumer could reasonably have understood that the price was the result of a mistake.


7. Business Quotations and Deviating Agreements
7.1. The Seller may issue a separate quotation to Business Customers.
7.2. A quotation is non-binding unless expressly stated otherwise.
7.3. For business orders, separate agreements may be made regarding, among other things: price; quantities; delivery; payment; packaging; transport; returns; warranty;
product specifications; and liability.
7.4. Such deviating agreements shall only be valid if agreed in writing.
7.5. In the event of a conflict between a specific written business agreement and these General Terms and Conditions, the specific written agreement shall prevail.


8. Payment
8.1. The Customer shall pay for the order using the payment method offered during the ordering process.
8.2. Payment by invoice may be agreed with Business Customers.
8.3. If a payment period has been agreed, the Business Customer must strictly comply with that period.
8.4. In the event of late payment by a Business Customer, the Customer shall, insofar as legally permitted, be in default without any further notice of default being required.
8.5. In the event of late payment, the Seller is entitled to charge statutory commercial interest and reasonable extrajudicial collection costs, insofar as legally permitted.
8.6. If a Business Customer fails to pay on time, the Seller is entitled to suspend further deliveries until full payment has been received.


9. VAT
9.1. For Business Customers within the European Union, a supply may, subject to certain conditions, be made without Dutch VAT.
9.2. The statutory requirements for an intra-Community supply must, among other things, be met.
9.3. The Business Customer is responsible for providing correct and up-to-date company and VAT information.
9.4. If the VAT identification number provided by the Business Customer proves to be incorrect, invalid or not registered, the Seller is entitled to subsequently charge the applicable VAT, insofar as this is required under tax legislation.
9.5. For Business Customers outside the European Union, a supply may, subject to certain conditions, be made without Dutch VAT.
9.6. Any import duties, local taxes, import VAT and other charges in the country of destination shall be borne by the Business Customer, unless otherwise agreed in writing.


10. Delivery
10.1. The Seller shall endeavour to deliver the order within the stated or agreed period.
10.2. Stated delivery times are indicative for Business Customers, unless a strict delivery deadline has expressly been agreed in writing.
Consumers
10.3. If no other delivery period has been agreed, the order shall be delivered no later than within 30 days.
10.4. If delivery does not take place on time, the Consumer shall have the statutory rights applicable in such circumstances.
Business Customers
10.5. The agreed delivery period shall apply to Business Customers.
10.6. A delivery period stated by the Seller shall not constitute a strict deadline for Business Customers unless this has expressly been agreed in writing.
10.7. A delay in delivery does not automatically entitle a Business Customer to compensation or termination of the agreement, unless the Seller has exceeded a strict delivery deadline or the law provides otherwise.


11. Transport and Risk
Consumers
11.1. In sales to Consumers, the risk of loss of or damage to the product passes to the Consumer at the moment the Consumer or a third party designated by the Consumer actually receives the product.
Business Customers
11.2. In sales to Business Customers, the risk passes at the moment the goods are handed over to the carrier, unless otherwise agreed in writing.
11.3. To the extent legally permitted, the Business Customer bears the risk of loss, damage and delay during transport from that moment onwards.
11.4. Business Customers are advised to check upon receipt whether the shipment has visible damage and to report any transport damage immediately to the carrier and the Seller.


12. Delay After Dispatch
12.1. The Seller shall not be liable for delays caused solely by a carrier after the goods have been handed over to that carrier, insofar as the risk lies with the Business Customer under these General Terms and Conditions.
12.2. The Seller shall likewise not be liable for delays caused by circumstances beyond the Seller’s reasonable control.
12.3. For Consumers, the statutory rules concerning delivery and risk shall apply.


13. Inspection of the Order
13.1. Upon receipt, the Customer shall check the order as soon as reasonably possible to determine whether:
the correct product has been delivered;
the correct quantities have been delivered;
the packaging is undamaged;
and there are any visible damages or deviations.
13.2. The Seller appreciates prompt notification of any problem, as this helps to resolve problems quickly.
Business Customers
13.3. Business Customers should preferably report visible defects, transport damage, incorrect quantities and incorrectly delivered products in writing within 7 days of receipt.
13.4. To the extent legally permitted, the Seller may rely on the fact that a Business Customer failed to report a defect in time if the Seller has thereby been prejudiced in its reasonable interests.
13.5. This notification requirement does not restrict any statutory rights from which Business Customers cannot legally deviate.
Consumers
13.6. A Consumer does not lose statutory rights solely because a defect has not been reported within a short period.


14. Statutory Conformity – Consumers
14.1. A product supplied to a Consumer must conform to the agreement.
14.2. Among other things, the product must possess the characteristics that the Consumer could reasonably expect based on the agreement and the circumstances.
14.3. If a product does not conform to the agreement, the Consumer shall have the statutory rights applicable in such circumstances.
14.4. Depending on the circumstances, this may include the Consumer’s right to free repair, replacement, a price reduction or termination of the agreement.
14.5. These statutory rights cannot be excluded by these General Terms and Conditions.


15. Warranty – Business Customers
15.1. For Business Customers, a warranty shall only apply if expressly agreed in writing or provided by the manufacturer or supplier.
15.2. A commercial warranty provided by the Seller does not restrict the statutory rights of a Consumer.
15.3. No warranty beyond that expressly agreed in writing shall be provided to Business Customers.


16. Right of Withdrawal – Consumers
16.1. A Consumer who purchases a product through the webshop generally has the statutory right to withdraw from the agreement within 14 days without giving a reason.
16.2. The withdrawal period generally starts on the day after the Consumer has received the product.
16.3. Where several products are delivered in a single order, the withdrawal period may, under the statutory conditions, commence after the last product has been received.
16.4. The right of withdrawal is a statutory right and not an additional service provided by the Seller.
16.5. The right of withdrawal does not apply to Business Customers.


17. Exercise of the Right of Withdrawal
17.1. The Consumer may exercise the right of withdrawal by sending a clear statement to the Seller within the statutory withdrawal period.
17.2. The Consumer is not required to give a reason for the withdrawal.
17.3. The Consumer may use the model withdrawal form provided by the Seller but is not required to do so.
17.4. If the Seller provides an online cancellation or withdrawal function, the Consumer may also exercise the right of withdrawal through that function.
17.5. The Seller shall confirm an online withdrawal received electronically.


18. Return After Withdrawal
18.1. Following withdrawal, the Consumer must return the product within 14 days.
18.2. The Consumer may open and inspect the product to the extent necessary to establish its nature, characteristics and functioning.
18.3. The Consumer is liable for any diminished value resulting from handling or use beyond what is necessary to assess the product.
18.4. Merely opening the packaging does not automatically cause the right of withdrawal to lapse.
18.5. The Consumer is responsible for the return shipment until the product has been received by the Seller.


19. Return Costs – Consumers
19.1. The costs of returning the product shall be borne by the Consumer, unless otherwise stated in advance.
19.2. If the Seller has not properly informed the Consumer in advance about the return costs, such costs may not subsequently be charged to the Consumer.


20. Refund Following Withdrawal
20.1. In the event of a valid withdrawal, the Seller shall refund payments received from the Consumer in accordance with the statutory rules.
20.2. The refund shall also include the cost of the cheapest standard delivery option offered.
20.3. If the Consumer has chosen a more expensive delivery method, the difference between that method and the cheapest standard delivery option does not have to be refunded.
20.4. The refund shall be made within the statutory period.
20.5. To the extent legally permitted, the Seller may wait with the refund until the product has been received back or until the Consumer has demonstrated that the product has been returned.
20.6. The refund shall be made using the same payment method as was used for the original payment, unless the Consumer agrees to another payment method.


21. Exceptions to the Right of Withdrawal
21.1. The statutory right of withdrawal is subject to exceptions.
21.2. If a product falls under a statutory exception, this shall be clearly communicated to the Consumer before the order is placed.
21.3. A product shall not be excluded from the right of withdrawal solely because it is sold at a discount, as a special offer or at a special price.
21.4. If a product is specifically manufactured or modified according to the personal specifications of a Consumer, the statutory right of withdrawal may be excluded under the conditions laid down by law.


22. Business Returns
22.1. Business Customers do not have a statutory right of withdrawal.
22.2. A business order may not be cancelled or returned after confirmation without the Seller’s prior written consent.
22.3. If the Seller authorises a return, the Seller may impose conditions regarding: the return period; the condition of the product; packaging; shipping method; return costs; administrative costs; any reduction in value; and other relevant conditions.
22.4. Specially ordered, manufactured, printed, personalised or assembled products may not be returned by Business Customers unless otherwise agreed in writing.
22.5. In the event of an authorised business return, the Seller may charge the Business Customer for reasonably incurred costs and any reduction in value, insofar as legally permitted.


23. Cancellation of Business Orders
23.1. A Business Customer may not unilaterally cancel an order once it has been confirmed.
23.2. Cancellation is only possible with the Seller’s prior written consent.
23.3. If the Seller agrees to cancellation, the Seller may charge the Business Customer for costs already incurred, obligations towards suppliers and other reasonably incurred costs, insofar as these have been sufficiently clearly agreed in advance and are legally permitted.
23.4. This article does not apply to Consumers insofar as the Consumer exercises the statutory right of withdrawal.


24. Liability – Consumers
24.1. The Seller’s liability towards Consumers shall only be limited to the extent permitted under mandatory Dutch and European consumer law.
24.2. No provision of these General Terms and Conditions is intended to exclude or restrict the statutory rights of a Consumer.
24.3. The statutory rules concerning consumer sales, product liability, conformity and other mandatory liability shall remain fully applicable.


25. Liability – Business Customers
25.1. For Business Customers, the Seller’s liability shall, to the extent legally permitted, be limited as far as possible.
25.2. The Seller’s total liability arising from an agreement, breach of contract, unlawful act, negligence, breach of a statutory obligation, misrepresentation, restitution or otherwise shall be limited to the amount of the invoice relating to the relevant order to which the liability relates.
25.3. If an agreement involves multiple deliveries, liability shall be limited to the amount relating to the specific delivery to which the damage relates.
25.4. If a limitation as referred to in this article proves for any reason not to be fully enforceable, liability shall be limited to the maximum amount permitted by law.
25.5. To the extent legally permitted, the Seller shall not be liable towards Business Customers for: loss of turnover; loss of profit; loss of goodwill; missed business opportunities; production losses; business interruption; loss of data; reputational damage; indirect damage; consequential damage; or other business losses.
25.6. The limitations contained in this article shall not apply insofar as liability cannot be excluded or limited under mandatory law.


26. Use of Colour Fans and Colour References
26.1. Colour fans and colour samples are tools for colour selection and colour comparison.
26.2. A colour fan does not guarantee that a paint, coating, printed material or other finished product will have exactly the same colour.
26.3. The final colour of a product may be influenced by, among other things: material; substrate; light; degree of gloss; production technique; printing technique; application method;
drying process; ageing; and other circumstances.
26.4. The Seller shall not be liable for damage arising because a Customer has a different product manufactured or applied solely on the basis of a colour fan or colour reference, insofar as such damage is not the result of a failure attributable to the Seller.
26.5. For professional applications, it is recommended that a test area, proof print or other physical test sample always be assessed first.


27. Deviations and Errors
27.1. The Seller shall not be liable for minor or non-material deviations in colour, finish, dimensions, packaging or other product characteristics, insofar as such deviations fall within normal production or product specifications.
27.2. The Seller shall not be liable for errors in information originating from third parties, such as manufacturers, suppliers or producers, unless the Seller knowingly presented such information incorrectly or is otherwise liable under the law.
27.3. These provisions do not affect the statutory rights of Consumers.


28. Force Majeure
28.1. The Seller shall not be liable for delay or non-performance of obligations where this results from circumstances reasonably beyond the Seller’s control.
28.2. Force majeure may include, among other things: disruptions at suppliers; production problems; transport problems; strikes; government measures; import or export restrictions;
fire; natural disasters; war; threat of war; pandemics; cyber incidents; disruptions to communication or payment systems; shortages of raw materials; and other circumstances over which the Seller cannot reasonably exercise control.
28.3. If a force majeure situation continues, the Seller is entitled to suspend performance of the agreement or, if the statutory conditions are met, to terminate the agreement in whole or in part.
28.4. For Consumers, statutory rights in the event of non-delivery or delay shall remain fully applicable.


29. Retention of Title
29.1. To the extent legally permitted, ownership of the delivered products shall remain with the Seller until the Business Customer has paid all amounts owed to the Seller under the relevant agreement.
29.2. As long as ownership has not transferred, the Business Customer may not pledge the products or otherwise encumber them with a security interest.
29.3. If the Business Customer fails to fulfil its payment obligations, the Seller is entitled to repossess the goods subject to retention of title, to the extent legally permitted.
29.4. This article shall only apply to the extent legally valid.


30. Complaints
30.1. The Customer may submit complaints using the contact details stated on the website, order confirmation or invoice.
30.2. The Customer is requested to report a complaint as soon as reasonably possible after discovering the problem.
30.3. For Business Customers, the notification procedure set out in Article 13 shall apply.
30.4. For Consumers, failure to report a complaint within a short period shall not automatically result in the loss of statutory rights.
30.5. The Seller shall handle a complaint within a reasonable period.


31. Personal Data
31.1. The Seller processes personal data in accordance with applicable privacy legislation.
31.2. Further information is provided in the privacy statement on the website.


32. Website Availability
32.1. The Seller endeavours to ensure that the website operates as reliably as possible.
32.2. However, the Seller cannot guarantee that the website will be continuously available, error-free or free from technical failures.
32.3. The Seller shall not be liable for damage resulting from temporary unavailability or technical failures of the website, to the extent legally permitted.
32.4. This does not affect the statutory rights of Consumers.


33. Amendments to the General Terms and Conditions
33.1. The Seller may amend these General Terms and Conditions.
33.2. In principle, the terms applicable at the time the relevant agreement was concluded shall continue to apply to agreements already concluded, unless an amendment is legally or contractually validly possible.
33.3. New orders shall be subject to the General Terms and Conditions published at the time the new order is placed.


34. Applicable Law
34.1. Agreements with Business Customers shall be governed by Dutch law.
34.2. Agreements with Consumers shall be governed by Dutch law, provided that a Consumer residing in another EU Member State retains the protection afforded to that Consumer under mandatory provisions of the law of the country in which the Consumer resides.
34.3. No provision of these General Terms and Conditions is intended to deprive a Consumer of any protection to which the Consumer is entitled under mandatory law.


35. Disputes
35.1. The Seller and the Customer shall endeavour to resolve any dispute first through mutual consultation.
35.2. For disputes with Business Customers, the Dutch court having jurisdiction under applicable law shall have jurisdiction, unless the parties have validly agreed in writing on another competent court.
35.3. For disputes with Consumers, the statutory rules concerning jurisdiction shall apply.
35.4. A Consumer shall not be required by these General Terms and Conditions to bring a dispute exclusively before a particular court if the law grants the Consumer the right to bring the dispute before another competent court.


36. Contact Details
For questions, complaints, returns and other matters relating to an order, the Customer may contact:
CLR Harzen (The full adress will be provided upon request)
xxxxxxxxxxx xx
xxxx xx Assen
The Netherlands
Email: ralcolor@hotmail.com
Chamber of Commerce (KvK): 56xxxxxx (The full company registration number will be provided upon request)
VAT number: NL00215xxxxBxx (The VAT number registration number will be provided upon request)
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