Terms and Conditions

Last updated: 7 July, 2024

Orientalis Amsterdam ("we", "us", "our") operates www.orientalisamsterdam.com (the "Site"). These terms and conditions outline the rules and regulations for the use of Orientalis Amsterdam's Website.

Article 1: Definitions

1. Orientalis Amsterdam, referred to as "seller" in these terms and conditions, located in Amsterdam, KvK number 94010889.
2. The counterparty of the seller is referred to as "buyer" in these terms and conditions.
3. The parties together are referred to as seller and buyer.
4. The agreement refers to the sales contract between both parties.

Article 2: Applicability of Terms and Conditions

1. These conditions apply to all quotations, offers, agreements, disclaimers, and deliveries of services or goods by or on behalf of the seller.
2. Deviations from these conditions are only possible if expressly and in writing agreed upon by the parties.

Article 3: Payment

1. The full purchase price is always paid immediately on the website. In the case of reservations, an advance payment may be required in some cases. In that case, the buyer receives proof of the reservation and the advance payment.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
3. If the buyer remains in default, the seller will proceed with collection. The costs associated with this collection are borne by the buyer. These collection costs are calculated in accordance with the Decree on compensation for extrajudicial collection costs.
4. In case of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller's claims against the buyer are immediately due and payable.
5. If the buyer refuses to cooperate in the execution of the assignment by the seller, he is still obliged to pay the agreed price to the seller.

Article 4: Offers, Quotes, and Prices

1. Offers are non-binding, unless a term of acceptance is stated in the offer. If the offer is not accepted within that specified period, the offer lapses.
2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation, unless expressly and in writing agreed otherwise.
3. Offers and quotations do not automatically apply to repeat orders. Parties must explicitly and in writing agree on this.
4. The price stated on offers, quotations, and invoices consists of the purchase price including the applicable VAT and any other government levies.

Article 5: Right of Withdrawal

1. The consumer has the right to dissolve the agreement within 14 days of receiving the order without giving any reason (right of withdrawal). The period starts from the moment the consumer receives the (entire) order.
2. There is no right of withdrawal when the products are custom made or have a short shelf life.
3. The consumer can use a withdrawal form from the seller. The seller is obliged to provide this immediately to the consumer upon request.
4. During the cooling-off period, the consumer must handle the product and its packaging carefully. The consumer should not remove the plastic seal cap if he wishes to exercise his right of withdrawal. If he exercises his right of withdrawal, he will return the unused and undamaged product with all supplied accessories and, if reasonably possible, in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur. The seller may refuse the return if it appears that the consumer has removed the plastic seal cap and/or the consumer has not followed the instructions.

Article 6: Amendment of the Agreement

If it turns out during the performance of the agreement that it is necessary to change or supplement the work to be performed for proper execution of the assignment, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation. If the parties agree that the agreement will be changed or supplemented, the completion time of the execution may be affected thereby. The seller will inform the buyer thereof as soon as possible. If the change or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer about this in advance in writing. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or addition to the agreement will result in an exceeding of this price. In deviation from the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances attributable to him.

Article 7: Delivery and Transfer of Risk

1. Once the purchased item has been received by the buyer, the risk passes from the seller to the buyer.

Article 8: Inspection and Complaints

1. The buyer is obliged to examine the goods delivered at the time of delivery, but in any case as soon as possible. The buyer must examine whether the quality and quantity of the delivered goods correspond with what has been agreed between the parties, or at least correspond with the requirements that apply in normal commercial traffic. 2. Complaints regarding damages, shortages or loss of delivered goods must be submitted to the seller in writing within 14 days after the day of delivery of the goods by the buyer. 3. If the complaint is upheld within the specified period, the seller has the right to repair, replace or refrain from delivery and send a credit note to the buyer for that part of the purchase price. 4. Minor and/or usual deviations and differences in quality, number, size or finish cannot be objected to the seller. 5. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement. 6. No complaints will be accepted after the goods have been processed by the buyer.

Article 9: Samples and Models

1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the obligation for the delivered item to correspond to it. This is different if the parties have explicitly agreed that the delivered item will correspond to it. 2. In agreements concerning real estate, the indication of surface area or other dimensions and indications is also presumed to be provided only as an indication, without the delivered item needing to correspond to it.

Article 10: Delivery

1. Delivery takes place "ex works/store/warehouse". This means that all costs are borne by the buyer. 2. The buyer is obliged to accept the goods at the moment when the seller delivers them to him or has them delivered according to the agreement. 3. If the buyer refuses acceptance or is negligent in providing information or instructions necessary for the delivery, the seller is entitled to store the item at the expense and risk of the buyer. 4. If the goods are delivered, the seller is entitled to charge any delivery costs. 5. If the seller needs data from the buyer for the execution of the agreement, the delivery period starts after the buyer has made this data available to the seller. 6. A delivery period stated by the seller is indicative. This is never a strict deadline. In case of exceeding the deadline, the buyer must give the seller written notice of default. 7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or partial delivery has no independent value. In case of partial delivery, the seller is entitled to invoice these parts separately.

Article 11: Force Majeure

1. In these terms and conditions, force majeure means, in addition to what it is understood to mean in the law and jurisprudence, all external causes, foreseen or unforeseen, on which the seller cannot exert any influence, but as a result of which the seller is unable to fulfill his obligations. 2. The seller also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after the seller should have fulfilled his obligation. 3. During force majeure, the seller's obligations are suspended. If the force majeure situation has lasted longer than 2 months, both parties have the right to dissolve the agreement, without any obligation to compensate damage to the other party. 4. If the seller has partially fulfilled his obligations upon the commencement of the force majeure, or can only partially fulfill his obligations, he is entitled to invoice the already delivered or deliverable part separately and the buyer is obliged to pay this invoice as if it concerned a separate contract. This does not apply if the already delivered or deliverable part has no independent value.

Article 12: Payment

1. Payment must be made within 14 days after the invoice date, in a manner to be specified by the seller and in the currency in which the invoice is made. Objections to the amount of the invoices do not suspend the payment obligation. 2. If the buyer remains in default of timely payment, the buyer is legally in default. The buyer owes an interest of 2% per month, unless the statutory interest rate is higher, in which case the statutory interest rate applies. The interest on the claimable amount will be calculated from the moment the buyer is in default until the moment the entire amount owed is paid. 3. The seller has the right to have the payments made by the buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the accrued interest. The seller can, without being in default himself, refuse an offer for payment if the buyer indicates a different order for the allocation. The seller can refuse full repayment of the principal sum if the outstanding and current interest and collection costs are not also paid.

Article 13: Suspension and Dissolution

1. The seller is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if the buyer does not, not fully or not timely fulfill his obligations under the agreement or other agreements concluded with the seller, after the agreement has been concluded. 2. Furthermore, the seller is authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or if circumstances otherwise arise of such a nature that unchanged maintenance of the agreement cannot reasonably be expected from the seller. 3. If the agreement is dissolved, the claims of the seller on the buyer are immediately due and payable. If the seller suspends the fulfillment of the obligations, he retains his rights under the law and agreement. 4. If the seller proceeds to suspension or dissolution, he is in no way obliged to compensate damage and costs in any way. 5. If the dissolution is attributable to the buyer, the seller is entitled to compensation for the damage, including the costs, directly and indirectly arising as a result.

Article 14: Intellectual Property

1. The seller reserves the rights and powers that accrue to him on the basis of the Copyright Act and other intellectual laws and regulations. 2. The seller has the right to use the knowledge gained through the execution of an agreement for other purposes, provided that no strictly confidential information of the buyer is disclosed to third parties.

Article 15: Applicable Law and Competent Court

1. Dutch law applies exclusively to all legal relationships to which the seller is a party. 2. The court in the place of business of the seller has exclusive jurisdiction to take note of disputes, unless the law prescribes otherwise.

Article 16: Amendment of Terms and Conditions

1. The seller has the right to amend or supplement these terms and conditions. 2. Changes also apply to agreements already concluded with due observance of a period of 30 days after written notification of the changes. If the buyer does not wish to accept a change in these conditions, he can terminate the agreement with effect from the date on which the amended or supplemented conditions apply.

Article 17: Reservation and Agreement

1. The written confirmation of the agreement of the assignment is a guarantee that the buyer has agreed with the conditions and the price agreement.

Article 18: Third Parties

1. It is forbidden to use Orientalis Amsterdam without permission from the seller.

Article 19: Miscellaneous

1. Dutch law applies to these terms and conditions. This also applies if the buyer lives abroad or if the legal relationship is wholly or partly implemented abroad.