FAQ
Are the desks new or second-hand?
The desks on our website are second-hand. The desks may have signs of use. If you have questions about a specific desk, you can always contact us. We will be happy to answer your questions.
What are the shipping costs?
The shipping costs in the whole Benelux are €75,-. After you have placed your order we will contact you to make an appointment for the delivery.
What is the delivery time?
We aim to deliver the products within a week. After you have placed the order, we will contact you to schedule an appointment for delivery.
How are the products delivered?
One delivery person will deliver the products. It would be nice if you could help the delivery person. If you are unable to do so, please let us know when we make an appointment for delivery. We can then take this into account.
Can I also pick up the desk myself in the store?
You can pick up your purchased products free of charge in our store in Heesch. We will then contact you after your purchase to make an appointment to pick up your order.
Can I return products?
You can return products within two weeks after delivery. You will then only pay the delivery costs of your order. The purchase amount of your order will be fully refunded to you. If you want to return your product, you must contact us by telephone.
What are the general terms and conditions?
General
Terms and Conditions Van Den Akker Bureaus
B. van den Akker trading under the name Van Den Akker Bureaus (hereinafter referred to as: Van
Den Akker Bureaus) is registered with the Chamber of Commerce under number
77168305 and is located at Bosschebaan 27 (5384VX) in Heesch.
1. In these general terms and conditions the following terms are used:
terms used in the following meaning, unless expressly stated otherwise
indicated.
2. Offer : everyone
written offer or quotation to the Client for the delivery of
Products and/or performance of Work by Contractor.
3. Contractor : the
contractor who carries out the work independently or under his supervision by others
to execute, hereinafter: Van Den Akker Bureaus.
4. Company: a natural person
or the legal entity acting in the exercise of a profession or business.
5. Consumer: natural person
who is not acting in the exercise of his profession or business.
6. Client :
the Company or the Consumer who enters into a (distance) Agreement with
Contractor.
7. Agreement :
the Agreement whereby Van Den Akker Bureaus undertakes to the Client
undertakes to create a tangible work outside of an employment relationship
to deliver and supply at a price to be paid by the Client in
money, with which these general terms and conditions form an inseparable whole.
8. Products : the
Products offered by Van Den Akker Bureaus are classic second-hand furniture and related
articles .
9. Activities : the activities that Van
Den Akker Bureaus offers all services in the broadest sense of the word
word within the restoration of
classic second-hand furniture as well as the production of custom-made
furniture.
1. These general terms and conditions apply to every
Offer of Van Den Akker Bureaus, any Agreement between Van Den Akker
Agencies and Client and on any work carried out by Van Den Akker Bureaus
offered.
2. Before an Agreement (at a distance) is concluded,
The Client will be provided with these general terms and conditions. If this
If it is not reasonably possible, Van Den Akker Bureaus will inform the Client
indicate how the Client can view the general terms and conditions.
3. Deviation from these general terms and conditions is in principle
not possible. In exceptional situations, the general terms and conditions may be
may be deviated from if this has been explicitly agreed in writing with Van Den Akker Bureaus
agreed. The general terms and conditions of the Client are not applicable
application.
4. These general terms and conditions also apply to
additional, amended follow-up orders and orders in the future of
Client.
5. If one or more provisions of these general terms and conditions
conditions are partially or completely null and void or are annulled, the
other provisions of these general terms and conditions will remain in force and will
void/annulled provision(s) shall be replaced by a provision with
the same meaning as the original provision.
6. Uncertainties about the content, explanation or situations that
are not covered by these general terms and conditions, must be assessed and explained
to be in accordance with the spirit of these general terms and conditions.
7. If reference is made in these general terms and conditions to
she/her, this should also be understood as a reference to
he/him/his, if and to the extent applicable.
1. All offers made by Van Den Akker Bureaus are
without obligation, unless expressly stated otherwise in writing. If
the Offer is limited or valid under specific conditions, this will be
expressly stated in the Offer.
2. Van Den Akker Bureaus is only bound to an Offer
if the acceptance thereof is confirmed in writing by the Client within 14 days
is confirmed. Nevertheless, Van Den Akker Bureaus has the right to
Agreement with a potential Client to provide Van Den Akker Bureaus with
valid reason to refuse.
3. The Offer contains a description of the products offered
Activities. The description is detailed enough so that the Client can
is able to make a proper assessment of the Offer. Apparent
Mistakes or errors in the Offer cannot bind Van Den Akker Bureaus.
Any images and/or specific data (including but not limited to
limited to models shown and/or provided, examples of the documents
as well as specifications of colours, capacities, functionalities, dimensions and
other descriptions in brochures and promotional material) in the Offer are
only an indication and cannot be grounds for any compensation or
the termination of the Agreement. Minor, industry-permissible
deviations are permissible and do not constitute grounds for termination of the
Agreement.
4. If the Offer is based on information provided by the Client
provided data and this data proves to be incomplete and/or incorrect
or if this data is subsequently changed, Van Den Akker Bureaus has the right
right to change the rates, delivery times and/or prices stated in the Offer
to adjust. The Client is obliged to adjust the changed circumstances
accept and meet the payment obligations set.
5. Offers do not automatically apply to
follow-up orders or reorders.
6. Delivery times, terms and times specified in the Offer
from Van Den Akker Bureaus are indicative and provide the Client with
exceeding it does not entitle to termination or compensation, unless
unless expressly agreed otherwise.
7. A composite quotation obliges Van Den Akker
Agencies not to deliver part of the offer or quotation
included items at a corresponding part of the stated price.
Article
4 - Formation of the Agreement
1. The Agreement is concluded at the moment that
The Client has accepted an Offer from Van Den Akker Bureaus by purchasing the relevant Product
to be paid, or at the time that the Client receives an Offer or quotation from Van
Den Akker Bureaus has accepted and paid the down payment.
2. If the Client has accepted the Offer by a
By giving an order to Van Den Akker Bureaus, Van Den Akker Bureaus will
confirm the Client's order in writing by e-mail. Each Offer is
valid for a maximum of 14 days (unless expressly agreed otherwise),
after which Van Den Akker Bureaus can no longer be held to an Offer.
3. Van Den Akker Bureaus is not bound by an Offer
if the Client could reasonably have expected or should have expected
understand or should have understood that the Offer contained an obvious error or
contains a typographical error. The Client may be held liable for this error or typographical error.
no rights can be derived from this.
4. An Offer is only valid if it is made in writing.
is made by Van Den Akker Bureaus to the Client. The Offer comes to
expire if the Product or the Activities to which the quotation relates
has become unavailable in the meantime.
5. Van Den Akker Bureaus has the right to enter into an Agreement
with a potential Client to establish a well-founded relationship for Van Den Akker Bureaus
reason to refuse.
6. If several Clients jointly agree to a
Entering into an agreement with Van Den Akker Bureaus is the responsibility of every Client
separately and jointly liable for compliance with the
obligations by each Client and the Clients jointly.
6. The right of withdrawal is excluded for the Client
being a Company. Client being a Consumer has the right to
to exercise its right of withdrawal within the statutory period. If
If revocation applies, the Client will handle the cancellation with care
Product and packaging. She will only unpack or use the Product in
the extent necessary to determine the nature, characteristics and functioning of the Product
to be determined. The direct costs of returning the Product are
at the expense of the Client.
7. Products that cannot be returned due to customization
are excluded from the right of withdrawal. This is expressly stated
stated in the Offer.
Article
5 - Duration of the Agreement
1. The Agreement is entered into for the duration as stated in the
quote stated, unless otherwise agreed.
2. The Client is at all times entitled to terminate the Agreement
to cancel in whole or in part. If the contract has already been started
performance of the Agreement and the Client terminates the Agreement,
The client owes the price applicable for the entire work, reduced
with the savings that Van Den Akker Bureau will make from the cancellation,
upon delivery by Van Den Akker Bureaus of the work already completed.
If the price was made dependent on the actual price paid by Van Den Akker
Costs incurred by agencies will be the price owed by the Client
calculated on the basis of the costs incurred, the work performed and the profit
that Van Den Akker Bureaus would have made about the entire work.
3. Either party may terminate the Agreement on the grounds
of an attributable failure to perform if the other party
has been given written notice of default and a reasonable period of time has been given
to fulfil its obligations and it fails to do so in a manner that can be attributed to it.
This also includes payment and cooperation obligations
from Client.
4. Both the Client and Van Den Akker Bureaus can
Agreement without further notice of default in whole or in part
terminate in writing with immediate effect if either party in
suspension of payment, bankruptcy has been requested or the relevant
company ends by liquidation. If a situation as above occurs
If this occurs, Van Den Akker Bureaus is never obliged to make a refund
of monies already received and/or compensation. Van Den Akker Bureaus is
entitled to immediately take back any items not yet paid for
and reserves the right to claim additional damages from
Client.
5. If Van Den Akker Bureaus after the closing of the
Agreement dies or becomes permanently incapacitated for work, either of the
parties terminate the Agreement to the extent that, given the nature of the
Agreement, in the event of death or permanent disability,
reasonable interest in termination can be derived. For the work already performed and
The Client shall be liable for any costs incurred in reasonableness and taking into account
compensation to be determined under all circumstances, if applicable
the heirs or legal successors of Van Den Akker Bureaus.
6. If an appointment already planned by the Client
is cancelled from 24 hours before the start date, Van Den Akker Bureaus
entitled to use the time reserved for this purpose on the basis of the established
hourly rate, as well as costs already incurred for the execution of the
Agreement, to be charged to Client.
7. If the Client has already entered into an agreement
The agreement for the manufacture of furniture is hereby cancelled.
following costs will be charged. In case of cancellation up to one month before
the starting date 20% of the quoted amount will be charged
Client. Up to three weeks before the start date, 50% of the
quoted amount, and up to one week before the start date 75% of the
quoted amount charged. Van Den Akker Bureaus is at all times
entitled to charge higher costs if they have incurred more costs
has for the purpose of executing the Agreement.
8. The Client is personally liable to third parties for
the consequences of the cancellation and indemnifies Van Den Akker Bureaus against the
any claims arising from this by these third parties.
Article 6 - Additional work, reduced work and changes
1. If during the execution of the Agreement it appears
that the Agreement needs to be amended and/or supplemented, or upon request
further activities are required from the Client to achieve the desired result
from the Client, the Client is obliged to provide this more
Work to be paid according to the agreed rate. Van Den Akker
Bureaus are not obligated to comply with this request and may
Client requires that a supplementary Agreement be concluded for this purpose
Closed.
2. If a fixed price has been agreed for the
Activities, Van Den Akker Bureaus will inform the Client about the
additional costs or financial consequences of the additional work.
3. If and to the extent that for the performance of certain
A fixed price has been agreed upon for the work and the execution thereof
Activities lead to additional Activities that cannot reasonably be expected
can be included in the fixed price, or the price should be increased
to be incurred as a result of incorrect information provided by the Client
which are important for determining the price (unless Van Den Akker Bureaus has the
inaccuracy of the data should have been noted before the price was determined
discover), Van Den Akker Bureaus is entitled to charge these costs, after consultation with
Client, to be charged to Client.
4. In the event of hidden defects, or at least unforeseen
circumstances such as the presence of asbestos and wood rot, Van
Den Akker Bureaus is entitled to charge additional costs for this
if these circumstances lead to additional Work.
5. Price changes as a result of changes to the
Agreement, or on the basis of laws and regulations, must be fulfilled by the Client
to be reimbursed.
Article
7 - Prices and payment
1. Payment of a by
The client should preferably pay for a product purchased in the webshop in advance.
be made in the currency in which the invoice was issued using the method indicated.
2. When purchasing the Product via
Marketplace payment is made upon delivery of the Product.
3. If Van Den Akker Bureaus on
custom-made furniture for the Client must be supplied by the Client
to pay a deposit and the remaining amount will be paid to the Client upon delivery
will be invoiced.
4. The Client cannot derive any rights or expectations
to a previously issued estimate, unless the parties expressly agree otherwise
agreed. If the stated price is an indicative price, this may
guideline price may be adjusted during the execution of the Agreement unless
Van Den Akker Bureaus Client has been warned as soon as possible
the likelihood of a further exceedance, and Client in the
has given the opportunity to limit or simplify the work. From
Den Akker Bureaus cooperates, within reasonable limits, with the
limitation or simplification. This also applies if the price depends on the
estimated time for completion of work.
5. If between the date of closing of the
Agreement (or quotation) and its execution for Van Den Akker Bureaus
(cost) price increasing circumstances occur as a result of legislation and
regulations, price changes at the companies engaged by Van Den Akker Bureaus
third parties or suppliers or changes in the prices of the required
semi-finished products, materials, components or currency fluctuations, imports and
export duties (both domestic and foreign), shipping and/or delivery costs,
wages, employer charges and/or (social) premiums, etc., is Van Den Akker Bureaus
entitled to adjust the agreed price or compensation accordingly
increase and charge to Client.
6. The Client is obliged to provide the agreed
deposit to be paid within the specified period before Van Den Akker
Bureaus will begin the implementation of the Agreement. In any case,
The client is obliged to pay the costs for the materials in advance.
to reimburse.
7. If there is a periodic payment obligation
from the Client, Van Den Akker Bureaus is entitled to charge the applicable prices
and rates (only) in accordance with the terms of the Agreement in writing
to be adjusted, taking into account a period of at least 3 months from
the conclusion of the Agreement in which prices do not increase. In the event
price increases within 3 months after the conclusion of the Agreement
Client is entitled to terminate the Agreement by written notice
statement. If the Client does not respond to the price change within 30 days of notification
has informed Van Den Akker Bureaus that it wishes to make use of its
dissolution authority, may Van Den Akker Bureaus justifiably rely on it?
confidence that the Client has agreed to the price change.
8. The Client is obliged to pay the agreed amount
pay within the final payment term of 30 days.
9. The Client must pay these costs at once without
suspension, deduction and/or settlement to be paid on the date made known to her
created account number and data of Van Den Akker Bureaus. Client
can only be done after explicit written permission from Van Den Akker Bureaus
agree on a further period within which the amount due must be paid
paid.
10. Van Den Akker Bureaus is entitled to all payments already made by
Client to offset amounts paid by Client against amounts
(outstanding) damages due.
11. If a dispute arises between the parties regarding the
number of hours spent and/or hours charged, is the time registration of
Van Den Akker Bureaus binding, unless the Client can demonstrate otherwise with
convincing evidence to the contrary.
12. If and to the extent that during the execution of the
Agreement additional costs are incurred and/or there is an increased risk
(in the opinion of Van Den Akker Bureaus), the Client must provide a
additional cost to be reimbursed.
1. If the Client fails to meet its payment obligation
and has not paid within the specified payment term of 30 days
fulfilled its obligation, the Client being a Company of
legally in default. The Client being a Consumer will first
written notice received with a term of 14 days after the date of
receipt of the reminder to still meet its payment obligation
including a statement of the extrajudicial costs if they are not paid within
that the stated term meets its obligations before it is in default
touches.
2. From the date that the Client is in default, Van
Den Akker Bureaus may claim the following without further notice of default:
statutory (commercial) interest from the first day of default until full payment and
reimbursement of extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code
calculate according to the scale from the decision on compensation for
extrajudicial collection costs from 1 July 2012.
3. If Van Den Akker Bureaus has more or higher costs
incurred which are reasonably necessary, these costs are eligible
for compensation. The legal and execution costs incurred are also for
Client's account.
4. Van Den Akker Bureaus is entitled in the event of failure to
of a full payment (if Client is in default) of
Client the Agreement, without further notice of default or judicial intervention
intervention, by means of a written statement to dissolve or
to suspend any obligations under the Agreement until payment has been made
received by Van Den Akker Bureaus, or the Client has given proper permission for this
has provided security.
5. Also if Van Den Akker Bureaus, before the Client
is in default of payment, has valid reasons to comply with the
If you doubt the creditworthiness of the Client, Van Den Akker Bureaus
entitled to terminate the Agreement without a written statement
or judicial intervention.
1. Van Den Akker Bureaus will make every effort to
To execute the agreement with the utmost care as required by
a good Contractor may be expected. All Work will be carried out on
on the basis of an obligation of effort, unless explicitly agreed in writing
result has been agreed upon that has been described in detail. In no case is
Van Den Akker Bureaus ensures that the work carried out and/or the work performed by
the goods delivered to it are suitable for the purpose intended by the Client.
2. Van Den Akker is responsible for the execution of the Activities
Agencies are not obliged or required to follow the instructions of the Client
follow if this affects the content or scope of the agreed Activities
will be changed. If the instructions result in additional work for Van Den Akker
Agencies, the Client is obliged to provide additional or supplementary
to reimburse costs. All instructions,
instructions, advice and more are deemed to be under the express
approval of the Client must have been given if this is done by employees,
subordinates and/or third parties engaged by the Client.
Damage resulting from unauthorized or outside the scope of the assignment
of these instructions etc. is entirely at the expense and risk of
Client.
3. Van Den Akker Bureaus does not request any permits or other
whether or not mandatory documents and permits are submitted to government authorities or other
authorities. The client is responsible for obtaining the information in a timely manner
of required permits and/or required permissions. Damage and/or
delay due to the lack of these permits or permissions
is at the expense and risk of the Client. The Client indemnifies Van Den
Akker Bureaus explicitly for all (consequential) damage as a result of the lack
of permits and permissions. Van Den Akker Bureaus will compensate the (consequential) damage
charge the Client who is obliged to compensate Van Den for the damage
Field Bureaus to be reimbursed.
4. Van Den Akker Bureaus is entitled to charge for the execution
to engage third parties at its own discretion to carry out the Activities.
5. Van Den Akker Bureaus has the right to advertise
for her company when she is working at the Client's location.
6. If the Activities are carried out at the request of the Client
are suspended, the Client is obliged to pay the immediately due compensation
of the work already carried out and costs incurred at that time,
pay at the first request of Van Den Akker Bureaus. In addition, Van Den Akker is
Agencies are entitled to recover all costs arising from the suspension
to be charged to the Client (this also includes reserved
hours).
7. If, after the suspension period, the execution of the
If the agreement cannot be resumed, Van Den Akker Bureaus is entitled to
Agreement without judicial intervention, by means of a written statement
to terminate the agreement immediately with the Client. In the event of resumption of the implementation
of the Agreement, the Client is obliged to pay all costs arising from this resumption
to pay in full any costs arising from Van Den Akker Bureaus.
8. The Client is obliged to ensure that:
All
information, data and data required for the performance of the Agreement
documents (including drawings, overviews and more)
timely and in the manner desired by Van Den Akker Bureaus to Van Den
Field Offices are made available;
The
work location is in such a condition that Van Den Akker Bureaus can work unhindered
can perform and/or continue its Activities and/or the Products can
deliver;
9. If the Client does not
If Van Den Akker complies with the obligations mentioned in this article in a timely manner,
Agencies are entitled to suspend the performance of the Agreement until the
moment that the Client has fulfilled its obligations. The costs
in connection with the delay incurred and/or the costs of carrying out
Additional work or other consequences arising from this will be borne by
account and risk of the Client.
10. If the Client
fails to meet obligations and Van Den Akker Bureaus fails to provide the Client with
to demand compliance, this affects the right of Van Den Akker Bureaus to take action
not to request compliance at a later date.
11. The work coming from
building materials, which the Client has stated that he wishes to purchase
preserved, must be removed by her. All other building materials
are removed by Van Den Akker Bureaus, without prejudice to any
liability of Client.
1. Van Den Akker Bureaus may, if instructed to do so,
given advice, plan of action, reports and/or reporting to
for the purpose of providing the service. The content thereof is not binding and
only advisory in nature, but Van Den Akker Bureaus will assume the responsibilities incumbent on it
to observe duties of care. The client decides for himself and at his own discretion
responsibility for whether she follows the advice.
2. The advice provided by Van Den Akker Bureaus, in
in any form whatsoever, can never be regarded as binding advice.
3. The Client is at the first request of Van Den Akker
Agencies are obliged to assess proposals submitted by them. If Van
Den Akker Bureaus is delayed in its work because the Client
not or not in a timely manner an assessment was made by Van Den Akker Bureaus
proposal, the Client is at all times responsible for the
consequences arising from this, such as delays.
4. The nature of the service provision means that
the result is always dependent on external factors that affect the
reports and advice from Van Den Akker Bureaus can influence, such as the
quality, accuracy and timely delivery of required information and
data of the Client and its employees. The Client is responsible for the
quality and for the timely and correct delivery of the required data and
information.
5. The Client will inform Van Den Akker Bureaus in writing
prior to commencing work, report all circumstances that
are or may be of interest including any points and priorities
to which the Client wishes to pay attention.
Article
11 - Delivery of Products
1. The place of delivery is the home address that the
Client has made this known to Van Den Akker Bureaus.
2. If the commencement, progress or delivery of the
The agreement is delayed because, for example, the Client does not or does not
provided all requested information on time, insufficient cooperation
grants, the (down) payment has not been received on time by Van Den Akker Bureaus
or due to other circumstances beyond the control of Van Den Akker Bureaus
If any delay occurs, Van Den Akker Bureaus is entitled to a reasonable
extension of the delivery period. All agreed
(delivery) terms are never fatal terms. The client must inform Van Den
Akker Bureaus must give written notice of default and grant it a reasonable period of time
to still be able to deliver. The client has, due to the
delay does not entitle you to any compensation.
3. The Client is obliged to take delivery of the goods at the
the moment at which these are made available to her in accordance with the Agreement,
even if these are offered to her earlier or later than agreed.
4. If the Client refuses to accept delivery or is negligent in
providing information or instructions necessary for the
delivery, Van Den Akker Bureaus is entitled to store the goods at the expense of
and risk of Client.
5. If the Products are delivered by Van Den Akker
Offices. Van Den Akker Offices will always charge the delivery costs to the Client.
to charge, even if the Client has not yet received the Product
paid. These will then be invoiced separately unless
unless expressly agreed otherwise.
6. If Van Den Akker Bureaus requires data from
The Client, in the context of the execution of the Agreement, shall receive the
Delivery time will only be determined after the Client has provided all the information required for the execution
made available to Van Den Akker Bureaus.
7. If Van Den Akker Bureaus sets a term for delivery
has specified, this is indicative. For deliveries outside the Netherlands, the following applies
longer delivery times.
8. Van Den Akker Bureaus is entitled to deliver the goods in parts.
to be delivered, unless otherwise agreed in the Agreement or to the partial delivery
no independent value. Van Den Akker Bureaus is entitled to do so
delivered goods to be invoiced separately.
Article
12 - Packaging and transport Products
1. Van Den Akker Bureaus undertakes to the Client
to properly package the goods to be delivered and to transport them in such a way
to ensure that they reach their destination in good condition during normal use.
2. Unless otherwise agreed in writing, all
deliveries including sales tax (VAT), including packaging and
packaging material.
3. Accepting matters without commenting or making any remarks on the
The consignment note or receipt serves as proof that the packaging is in good condition
wrong at the time of delivery.
Article 13 - Investigation,
complaints Products
1. The Client is obliged to accept the delivered goods at the time of
(delivery), but in any case within 14 days after receipt of the
to examine the delivered goods, but only to unpack or inspect them to the extent that
use to the extent necessary to assess whether they have the Product
retains. In doing so, the Client must investigate whether the quality and
quantity of the delivered goods corresponds to the Agreement and the Products
meet the requirements that apply in normal (commercial) transactions.
2. The Client is obliged to investigate and assess itself
inform how the Product should be used and
personal use, to test the Product in accordance with the instructions for use.
Den Akker Bureaus accepts no liability for the incorrect use of
the Product by Client.
3. Any visible
Defects or shortages must be reported to Van Den Akker Bureaus in writing after delivery.
to be reported to bas@vandenakkerbureaus.nl. The Client has a term for this
of 14 days after delivery. Non-visible defects or shortages belong
within 14 days after discovery but no later than 6 months after delivery
be reported. In case of damage to the Product due to careless handling by
The Client himself is liable for any
depreciation of the Product.
4. If a complaint is made in a timely manner in accordance with the previous paragraph,
the Client remains obliged to pay for the purchased items. If
If the client wishes to return defective items, this must be done
only with prior written permission from Van Den Akker
Offices in the manner indicated by Van Den Akker Offices.
5. If the Client is a Consumer,
If the consumer exercises his right of withdrawal, he will return the Product and all accessories, to the extent that
that is reasonably possible, return in original condition and packaging
to Van Den Akker Bureaus, in accordance with Van Den Akker's return instructions
Agencies. The direct costs for returns are at the expense and risk of the customer
of the Client. If custom work is involved, the right of withdrawal applies
Client being a Consumer excluded.
6. Van Den Akker Bureaus is entitled to conduct an investigation
start to check the authenticity and condition of the returned Products before
refund will take place.
7. Refunds to Client will be made as soon as possible
may be processed, but the refund may take up to 14 days after
receipt of Client's declaration of termination. Refund
will be made to the previously specified account number.
8. If the Client exercises its right to complain,
Client being a Company has no right to suspend its payment obligation
neither to suspend nor to settle outstanding invoices.
9. In the absence of a complete delivery, and/or if a
or multiple Products are missing, and this is attributable to Van Den Akker Bureaus,
Van Den Akker Bureaus will, upon request from the Client,
send missing Product(s) or cancel the remaining order. The
confirmation of receipt of the Products is leading in this respect. Any damage caused by
The client has suffered as a result of the (deviating) size of the
delivery, cannot be recovered from Van Den Akker Bureaus.
Article 14 - Second-hand
products
1. The Client being a Company must immediately after the
purchase of the Product, examine the Product to see whether it meets the
Agreement. Van Den Akker Bureaus expressly provides no guarantee on the
second-hand products. Van Den Akker Bureaus declares that the product is
must be tested at the time the product leaves the warehouse.
The Client cannot derive any rights from a defective Product of which
the Offer states the relevant defects.
2. If the Client is a Consumer, the latter has
right to replacement of the Product if it is suspected that the Product is
delivery has not complied with the Agreement, if the deviation from
the agreed upon within a period of 6 months after delivery
discloses, unless the nature of the Product or the nature of the deviation
against it. The aforementioned does not detract from the fact that Van Den Akker
Bureaus is not responsible for the suitability of the Products for
each individual application by the Client. The Client must
to follow the regulations and instructions of Van Den Akker Bureaus.
The client must comply with the regulations and instructions of Van Den Akker Bureaus
to follow up.
3. If the goods to be delivered do not comply with these
guarantees, Van Den Akker Bureaus will handle the matter within a reasonable period of time after
receipt thereof at the discretion of Van Den Akker Bureaus, replace or take care of
for repair. In the event of replacement, the Client hereby undertakes to
to return the replaced item to Van Den Akker Bureaus and transfer ownership to Van
To provide Den Akker Offices.
4. The warranty mentioned herein does not apply if the
defect has arisen as a result of improper or inappropriate use or
when, without written permission from Van Den Akker Bureaus,
The Client or third parties have made changes or attempted to make changes
bring to the case or have used it for purposes for which the case
is not intended or has been used under abnormal conditions.
1. If the commencement, progress or delivery of the
Work is delayed because, for example, the Client does not or does not
has provided all requested information in a timely manner, does not provide sufficient cooperation,
the (down) payment has not been received on time by Van Den Akker Bureaus or due to other circumstances, which are
account and risk of the Client, Van Den Akker Bureaus is entitled to a reasonable extension of the
(delivery) term. All agreed (delivery) terms are never
fatal terms. The Client must give Van Den Akker Bureaus written notice of default. In no event
In this case, the specified terms are fatal terms.
2. All damage and additional costs resulting from
delays due to a cause mentioned in paragraph 1 are at the expense and risk of
Client and Van Den Akker Bureaus can provide services to Client in
be charged.
3. Shipping and/or transport of the ordered items
is done in the manner specified by the supplier of Van Den Akker Bureaus
determined, but is at the expense and risk of the Client. From the
the time of delivery at the agreed location is the time of delivery of the delivered item
account and risk of Client. Client is obliged to pay its full
to cooperate in the delivery at the first request of Van Den Akker
Offices. Acceptance of business from Van Den Akker Offices by Client,
is proof that the goods have been received in good condition, unless
any damage is expressly noted on the receipt.
4. If there is a phased implementation, or
If the client must give approval, Van Den Akker Bureaus is entitled
to suspend the performance of the Agreement until such time as
The client has given his approval. The deadline for
approval is 14 calendar days. If the Client does not approve the
If the Client has not given its approval for the term, the Client is deemed to have tacitly
to have agreed with the delivered goods.
5. Van Den Akker Bureaus will make every effort to carry out the Activities
to be realized within the agreed period, insofar as this is required by her
reasonableness can be expected.
6. If working days have been mentioned, please refer to the following
understand all (workable) calendar days with the exception of the recognized
national holidays and weekends.
7. Client has an independent responsibility
for the management, use and maintenance of the data created by Van Den Akker Bureaus
and/or delivered goods.
8. If Van Den Akker Bureaus has indicated that
the work is ready to be delivered and the Client does not complete the work within
approves within a reasonable period and accepts it with or without reservation or
Client is deemed to have used, edited or has edited the work
to have tacitly accepted. Minor defects that are found during the maintenance period
can be repaired, are not a reason for not accepting the
delivered if this does not prevent commissioning. After acceptance
the work is considered completed.
9. After delivery, the work is at the risk of the
Client. Therefore, she remains liable for the price, regardless of the loss
or deterioration of the work due to a cause beyond the contractor's control
are attributed.
10. Van Den Akker Bureaus is not liable for
defects that the Client could reasonably have identified at the time of delivery
must discover, except in the case of intent or deliberate recklessness on the part of Van Den Akker
Desks.
11. Van Den Akker Bureaus is entitled to deliver and/or
execution of the Activities in parts, whereby each partial delivery and/or
partial performance can be invoiced separately.
1. If agreed, Van Den Akker Bureaus will provide maintenance
or perform repairs. The scope of the maintenance obligation extends
extends to what has been explicitly agreed upon by the parties. Van Den Akker
Agencies will inform the Client of all circumstances that may affect
may be on (the availability of) the maintenance.
2. The Client is obliged to report any defects or errors
or other malfunctions in writing to Van Den Akker Bureaus, after which
Van Den Akker Bureaus will report the defects in accordance with its usual procedures
will recover as soon as possible and to the best of his ability and/or
make improvements. If desired, Van Den Akker Bureaus is entitled
to first implement temporary solutions, after which, in consultation with
Client can devise and implement a structural solution.
3. The Client is obliged to cooperate at the first opportunity
request to grant to Van Den Akker Bureaus.
1. Van Den Akker Bureaus is authorized to ensure compliance with the
to suspend obligations or terminate the Agreement immediately and with direct effect
to dissolve, if:
Client
the obligations under the Agreement are not fulfilled, not fulfilled in full or not fulfilled on time
complies with;
From The
Akker Bureaus, after concluding the Agreement, has good reason to fear
that the Client will not fulfil the obligations;
Client
when concluding the Agreement, security or a
to make a down payment for the fulfillment of his obligations under the
Agreement, and this payment is not made or is insufficient;
If
due to delay on the part of the Client, Van Den Akker is no longer responsible
Agencies may be required to execute the Agreement at the original price
agreed conditions, Van Den Akker Bureaus is entitled
to terminate the Agreement.
if
circumstances arise which are of such a nature that compliance
of the Agreement in its current form cannot reasonably be expected of Van Den
Akker Bureaus may be required.
2. If the termination is attributable to the Client
Van Den Akker Bureaus is entitled to compensation from the Client.
3. If the Agreement is terminated prematurely by
Van Den Akker Bureaus, Parties will enter into consultations for the transfer of assets yet to be
Perform Work for third parties if the termination is given to the Client
is attributable. The costs for transfer are borne by
Client. Van Den Akker Bureaus will inform the Client in advance as much as possible.
inform about these costs. The Client is obliged to pay these costs within the
to be paid within the specified period, unless otherwise agreed.
1. Any warranty is expressly stated in writing
agreed. Guarantees never extend beyond what is explicitly stated
agreed.
2. Van Den Akker Bureaus carries out the Activities in accordance with
the standards applicable in the industry. If any guarantee is given,
this is limited to what has been expressly agreed in writing and
only to the extent that the guarantee has been received from the suppliers. During the
Van Den Akker Bureaus guarantees a sound and
usual quality of the delivered goods.
3. The Client may only rely on the services provided by Van
Den Akker Bureaus provides a guarantee if the Client has paid in full
to his payment obligations.
4. If the Client rightly invokes a
agreed guarantee, Van Den Akker Bureaus is obliged to provide a free
to carry out repair or replacement of the delivered goods. If in addition
if there is any additional damage, the above will be followed
applicable provisions of the liability of these general terms and conditions.
5. The warranty expires once the warranty period has expired.
expired, the warranty obligation expires, the Client makes adjustments himself
makes or has made to the delivered and/or the delivered item in the opinion
from Van Den Akker Bureaus incorrectly used, treated or maintained.
6. For the Products sold and delivered with
manufacturer's warranty, only the warranty conditions set by this supplier apply.
7. Van Den Akker Bureaus guarantees that the Products
comply with the Agreement, the specifications stated in the offer,
usability and/or soundness and the legal rules/regulations regarding
at the time of the conclusion of the Agreement. This also applies if the
deliver goods intended for use abroad and Client
of this use at the time of entering into the Agreement expressly
has notified Van Den Akker Bureaus in writing.
The risk of theft and loss, embezzlement or
damage to Products, data, documents, software, data files
and/or items used in the context of the performance of the Agreement,
are made or delivered, shall pass to the Client at the time when
these have actually been made available to the Client.
Article
20 - Privacy, data processing and security
1. Van Den Akker Bureaus handles the data with care
(personal) data of the Client and Users of the website and will process this
only use in accordance with the privacy statement. If requested, Van
Den Akker Bureaus will inform the person concerned about this.
2. If Van Den Akker Bureaus, on the basis of the Agreement
must provide for security of information, this security will comply
to the agreed specifications and a level of security that, given the
state of the art, the sensitivity of the data, and the associated
costs, is not unreasonable.
Article
21 - Retention of title
1. Van Den Akker Bureaus supplies all products and/or items
under retention of title, until the Client has paid all amounts due
has fully complied with Van Den Akker Bureaus, the delivered property remains
from Van Den Akker Bureaus.
2. Van Den Akker Bureaus has the right to
Client to retain purchased products or items if
The client has not yet (fully) met his payment obligations
satisfied, despite an obligation to transfer or deliver by Van Den Akker
Agencies. After the Client has fulfilled its obligations,
Van Den Akker Bureaus will deliver the purchased products or items as quickly as possible
possible, but no later than within 20 working days to deliver to the Client.
3. Costs and other (consequential) damages as a result of the
keeping the purchased products is at the expense and risk of
Client and will be reimbursed to Van Den Akker Bureaus upon first request
by Client.
1. Van Den Akker Bureaus is not liable if it
as a result of a force majeure situation, its obligations under the
Failure to comply with the agreement.
2. In the event of force majeure on the part of Van Den Akker Bureaus
is in any case understood to mean, but is not limited to: (i) force majeure of
suppliers of Van Den Akker Bureaus, (ii) failure to properly comply
of obligations of suppliers, (iii) defectiveness of goods,
third party equipment, software or materials, (iv) government measures,
(v) power failure, (vi) internet, data network and
telecommunications facilities (for example through: cybercrime and hacking)
or of other nature, (vii) natural disasters, (viii) war and terrorist
attacks, (ix) general transport problems (x) illness and/or strikes of
the staff of Van Den Akker Bureaus (xi) epidemics and/or pandemics that
disrupting public life and (xii) other situations which in the opinion
Van Den Akker Bureaus outside its sphere of influence that affect the fulfillment of
temporarily or permanently prevent its obligations.
3. If, in the opinion of Van Den Akker Bureaus, the
execution of the agreed Activities as a result of wet
weather conditions, extreme heat or terrain conditions do not apply to the
time or within the agreed period, Van Den
Akker Bureaus has the right to perform the activities relating thereto
interrupt and extend the Agreement for the duration of the period not worked
days without this leading to liability.
4. If a force majeure situation lasts longer than 2 months,
the Agreement may be terminated in writing by either party.
If any services have already been provided under the Agreement,
in such a case settled pro rata without any further
liability of each party to perform these services towards the other.
Article
23 - Limitation of Liability
1. If the performance of Activities by Van Den
Akker Bureaus leads to liability of Van Den Akker Bureaus towards
Client or third parties, such liability is limited to the amount in connection with
the costs charged by Van Den Akker Bureaus for the assignment (once the
invoice value, excluding material costs, excluding VAT) unless
the damage is the result of intent or recklessness bordering on intent on the part of
Van Den Akker Bureaus. Liability is in any case limited to the
amount of damages that will be paid out by the insurance company
per claim per year.
2. Van Den Akker Bureaus is not liable for
consequential damage in any form whatsoever, indirect damage, business damage,
loss of profit and/or loss suffered, missed savings, damage due to
business stagnation.
3. If the work shows defects after delivery for which
If Van Den Akker Bureaus is (proven to be) liable, Van Den Akker Bureaus must
to be given the opportunity to rectify the defects within a reasonable period of time
to be removed, without prejudice to liability for damage resulting from the
defective delivery, unless the costs of repair would be disproportionate
are in the interest of the Client in repair instead of compensation.
4. In the event of dimensions, Van Den Akker Bureaus is not
liable for consequential damage including ordering incorrect items
and/or errors in materials and measurements.
5. If the (consequences) of an improper performance of
the work is due to defects or unsuitability of items originating from
Client, the consequences will be borne by Client, unless Van
Den Akker Bureaus has breached its duty to warn or otherwise
with regard to these deficiencies in expertise or care is insufficient
shot. Van Den Akker Bureaus is also not liable for the premature
taking into use of part or all of the work by the Client.
6. Damage resulting from the use of
Client prescribed materials and/or execution of one of
Client-originated design is entirely at the expense and risk of
Client.
7. Van Den Akker Bureaus is not liable for and/or
obliged to repair damage caused by the use of the Product.
If necessary, Van Den Akker will deliver
Offices strict maintenance and usage instructions provided by Client
must be complied with. All damage to Products resulting from the
use of the Product is expressly excluded from liability
(this includes traces of use, damage caused by use, fall damage, light and
water damage, theft, loss, etc.). A restriction applies to Consumers
in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
8. Van Den Akker Bureaus is not liable for damage
which is or may be the result of any act or omission in response to
(incomplete and/or incorrect) information on the website or that of linked
websites.
9. Van Den Akker Bureaus does not guarantee correct and
full transfer of the content of and by or on behalf of Van Den Akker
Agencies sent email, nor for its timely receipt.
10. Damage resulting from the working of natural products,
such as shrinking and expanding of wood, does not lead to liability of
Van Den Akker Bureaus, unless there is intent or deliberate recklessness.
Repair of damage resulting from the use of used materials is considered
additional work.
11. All claims of the Client due to shortcomings
on the part of Van Den Akker Bureaus will lapse if this is not done in writing
and have been reported with motivation to Van Den Akker Bureaus within one year after
The Client was or could reasonably have been aware of the facts on which
she bases her claims. The liability of Van Den Akker Bureaus
expires one year after the termination of the Agreement between the parties.
12. The Activities may entail that
Third party warranties, including manufacturer warranties, will be void.
Van Den Akker Bureaus is not liable for any damage suffered by the Client if
consequence of the loss of any warranty claim from third parties.
1. Van Den Akker Bureaus and the Client undertake
to maintain confidentiality of all confidential information obtained in the
framework of an Agreement. Confidentiality arises from the
Agreement or which one can reasonably expect to be
confidential information.
2. If Van Den Akker Bureaus is required to do so on the basis of a statutory
determination of whether a judicial decision is held to be confidential
information to be provided to a third party (also) designated by law or competent court
provide, and Van Den Akker Bureaus cannot rely on a
right to refuse to testify, Van Den Akker Bureaus is not obliged to any
compensation and the Client is not entitled to terminate the
Agreement.
3. Imposing the confidentiality obligation on Van Den Akker
Agencies and Client also include third parties engaged by them.
Article
25 - Disclaimer and accuracy of information
1. The client is responsible for the correctness,
reliability and completeness of all data, information, documents and/or
documents that she provides to Van Den Akker Bureaus in the context of a
Agreement. Even if this data comes from third parties, the Client is
responsible for this. If Van Den Akker Bureaus is aware, or
should reasonably have known of the inaccuracies in the order, including
any errors or defects in the plans provided by the Client,
drawings, calculations, specifications or implementation regulations, Van Den
Akker Bureaus is obliged to warn the Client of this.
2. The Client indemnifies Van Den Akker Bureaus against any
liability resulting from failure to comply or failure to comply on time with the
obligations under the previous paragraph.
3. The Client indemnifies Van Den Akker Bureaus against
claims by third parties relating to intellectual property rights on the
data and information provided by the Client, which is used in the performance of
the Agreement may be used.
4. Client is responsible for obtaining
all possible required (building) permits. The client indemnifies Van Den
Akker Bureaus for all claims resulting from the lack of
(building) permits.
5. If the Client has electronic files, software or
information carriers provided to Van Den Akker Bureaus, the Client guarantees
that they are free from viruses and defects.
6. The Client also indemnifies Van Den Akker Bureaus against
all damages, fines, (orders subject to) penalty payments, claims and other
government measures.
Article
26 - Intellectual property rights
1. All IP rights and copyrights of Van Den Akker
Agencies (including but not limited to all under the Agreement
developed or made available drawings, designs, models,
preparatory material and more) are the sole property of Van Den Akker Bureaus
and will not be transferred to the Client.
2. The Client only obtains the rights of use and
powers which it has expressly acquired under the Agreement.
3. The Client is prohibited from using the products on which the
intellectual property rights of Van Den Akker Bureaus rest otherwise
use other than as agreed in the Agreement.
4. Client gives permission to Van Den Akker Bureaus
to take photos of the delivered work and/or the work made by the Client
to place photos of the completed work on his website and/or social media
channels for advertising and promotional purposes.
1. If the Client is not satisfied with the service or
products from Van Den Akker Bureaus or otherwise have complaints about the
execution of his assignment, the Client is obliged to handle these complaints as soon as possible
as soon as possible, but no later than 2 weeks after the relevant reason
that led to the complaint. Complaints can be reported via
bas@vandenakkerbureaus.nl with the subject “complaint”, or via the specified
telephone number.
2. The complaint must be sufficiently substantiated and/or
Van Den Akker Bureaus wants to be able to handle the complaint if it has been explained
to take.
3. Van Den Akker Bureaus will respond as soon as possible, but
respond substantively to the complaint within 5 working days of receipt
the complaint.
4. The parties will attempt to reach a solution together
to come.
1. On the legal relationship between Van Den Akker Bureaus and
The Client is subject to Dutch law. The applicability of the
The Vienna Sales Convention (CISG) is expressly excluded.
2. Van Den Akker Bureaus may change these general terms and conditions
unilaterally change. The most current version can be found on the website.
3. All disputes arising from or in connection with the
Agreement between Van Den Akker Bureaus and Client, will be settled
by the competent judge of the East Brabant court, location
's-Hertogenbosch unless mandatory provisions of law lead to jurisdiction
from another court.
Heesch, April 12, 2022.