Terms and Conditions

Definitions

    Ideas of Steel: Ideas of Steel, established in Helmond under Chamber of Commerce no. 81312121. Customer: the person with whom Ideas of Steel has entered into an agreement. Parties: Ideas of Steel and customer together. Consumer: a customer who is also an individual and who acting as a private person.


Article 1 - Applicability of general terms and conditions

    These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Ideas of Steel. The parties may only deviate from these terms and conditions if they have expressly agreed in writing. The parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.


Article 2 - Offers and quotations

    Offers and quotations from Ideas of Steel are without obligation, unless explicitly stated otherwise. An offer or quotation is valid for a maximum of 2 weeks_________________, unless a different acceptance period is stated in the offer or quotation. If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse. Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed this in writing.


Article 3 - Acceptance

    Upon acceptance of a quotation or offer without obligation, Ideas of Steel reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this. Oral acceptance by the customer only binds Ideas of Steel after the customer has confirmed this in writing (or electronically).

 

Article 4 - Prices

    All prices used by Ideas of Steel are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise. All prices used by Ideas of Steel for its products , on its website or otherwise made known, Ideas of Steel may change at any time. Increases in the cost prices of products or parts thereof, which Ideas of Steel could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.


Article 5 - Samples and Models

 

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

 

Article 6 - Payments and term of payment

    Ideas of Steel may require a down payment of up to 50% of the agreed amount upon entering into the agreement. The customer must make payments afterwards within 3 months after delivery. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount no later than the last day of the payment term, he is legally in default and in default, without Ideas of Steel having to send the customer a reminder or notice of default. Ideas of Steel reserves the right to make a delivery conditional on immediate payment or to demand security for the total amount of the services or products.


Article 7 - Payments and term of payment


Article 8 - Consequences of not paying on time

    If the customer does not pay within the agreed term, Ideas of Steel is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default. part of a month is counted as a whole month. If the customer is in default, he will also owe extrajudicial collection costs and any compensation to Ideas of Steel. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. If the customer does not pay on time, Ideas of Steel may suspend its obligations until the customer has fulfilled its payment obligation. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Ideas of Steel against the customer are immediately due and payable. If the customer refuses to cooperate in the implementation of the agreement by Ideas of Steel, he is still obliged to pay the agreed price to Ideas of Steel.


Article 9 - Right of complaint

    As soon as the customer is in default, Ideas of Steel is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer. Ideas of Steel invokes the right of recovery by means of a written or electronic communication. customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Ideas of Steel, unless the parties make other agreements about this. The costs of returning or returning the products are the responsibility of the customer.


Article 10 - Right of withdrawal

    A consumer can cancel a purchase during a cooling-off period of 14 days without giving any reason, provided that:
    the product has not been used it is not a product that can spoil quickly, such as food or flowers it is not a product that has been specially tailored or adapted for the consumer it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.) the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity (order for) urgent repair it does not concern bets and/or lotteries the consumer has not waived his right of withdrawal it does not concern a service that is fully performed with the consent of the customer within the 14 calendar days reflection period and where the customer has expressly declared the right of withdrawal to see

Furthermore are excluded:

    social and health care gambling activitiesfinancial servicespackage travelpassenger transport servicesreal estate (house, land)contracts requiring a notarysales of products over the phone or over the internet (distance selling)contracts for an amount less than €50
    The cooling-off period of 14 days as referred to in paragraph 1 commences:
    on the day after the consumer has received the last product or part of 1 order as soon as the consumer has concluded the contract for the provision of the service as soon as the consumer has confirmed that he will purchase digital content via the internet
    The consumer can make his right of withdrawal known via Info@ideasofsteel.com, if desired using the withdrawal form that can be downloaded from the website of Ideas of Steel, www.ideasofsteel.com. The consumer is obliged to return the product return it to Ideas of Steel within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.

 

Article 11 - Reimbursement of delivery costs

    If the consumer has exercised his right of withdrawal in time and as a result has returned the complete order to Ideas of Steel on time, Ideas of Steel will refund any shipping costs paid by the consumer to the consumer within 14 days after receipt of the timely and fully returned order. repay. The costs for delivery will only be borne by Ideas of Steel insofar as the entire order is returned.


Article 13 - Right of withdrawal

    A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
    the product has not been used it is not a product that can spoil quickly, such as food or flowers it is not a product that has been specially tailored or adapted for the consumer it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.) the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity the product is not a separate magazine or separate newspaper the consumer has not waived his right of withdrawal
    The cooling-off period of 14 days as referred to in paragraph 1 commences:
    on the day after the consumer has received the last product or part of 1 order as soon as the consumer has confirmed that he will purchase digital content via the internet
    The consumer can make his right of withdrawal known via Info@ideasofsteel.com, if desired using the withdrawal form that can be downloaded from the website of Ideas of Steel, www.ideasofsteel.com. The consumer is obliged to return the product return it to Ideas of Steel within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.


Article 15 - Reimbursement of delivery costs

    If the consumer has exercised his right of withdrawal in time and as a result has returned the complete order to Ideas of Steel on time, Ideas of Steel will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the timely and complete return of the order. refund consumer. The costs for delivery will only be borne by Ideas of Steel insofar as the entire order is returned.


Article 16 - Reimbursement of return costs

 

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.

Article 18 - Right of suspension

 

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 19 - Right of retention

    Ideas of Steel can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Ideas of Steel, unless the customer has provided sufficient security for those costs. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Ideas of Steel. Ideas of Steel is never liable for any damage that the customer may suffer as a result of using his right of retention.


Article 20 - Offsetting

 

Unless the customer is a consumer, the customer waives its right to offset a debt to Ideas of Steel against a claim against Ideas of Steel.

 

Article 21 - Retention of title

    Ideas of Steel retains ownership of all products delivered until the customer has fully complied with all its payment obligations to Ideas of Steel under any agreement entered into with Ideas of Steel, including claims of non-performance. Until then, Ideas of Steel can invoke its retention of title and take back the goods. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products. If Ideas of Steel invokes its retention of title, the agreement is deemed to have been dissolved and Ideas of Steel has the right to claim compensation, lost profit and interest.


Article 22 - Delivery

    Delivery takes place as long as stocks last. Delivery takes place at Ideas of Steel, unless the parties have agreed otherwise. Products ordered online will be delivered to the address indicated by the customer. If the agreed amounts are not paid or not paid on time, Ideas of Steel has the right to suspend its obligations until the agreed part has been paid. In the event of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery against Ideas of Steel.


Article 23 - Delivery time

    The delivery times stated by Ideas of Steel are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing. Ideas of Steel has been confirmed to the customer in writing or electronically. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Ideas of Steel cannot do so within 14 days after being notified in writing. whether the parties have agreed otherwise in this regard.


Article 24 - Actual delivery

 

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

 

Article 25 - Transport costs

 

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

 

Article 26 - Packaging and shipping

    If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Ideas of Steel cannot be held liable for any damage. If the customer arranges for the transport of a product himself, he must report any visible damage to products or the packaging to Ideas of Steel prior to transport, failing which Ideas of Steel cannot be held liable for any damage.


Section 29 - Custody

    If the customer only purchases ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer. Any additional costs resulting from premature or late purchase of products are entirely for the account of the customer.


Article 30 - Assembly/Installation

 

Although Ideas of Steel makes every effort to carry out all assembly and/or installation work as well as possible, it bears no responsibility for this except in the case of intent or gross negligence.

 

Article 31 - Warranty

    The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined. The risk of loss , damage or theft of the products that are the subject of an agreement between the parties, transfers to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or a third party who has purchased the product. received on behalf of the customer.


Article 42 - Indemnification

 

The customer indemnifies Ideas of Steel against all third-party claims related to the products and/or services supplied by Ideas of Steel.

 

Article 43 - Complaints

    The customer must examine a product or service provided by Ideas of Steel as soon as possible for possible shortcomings. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must notify Ideas of Steel of this as soon as possible. as soon as possible, but in any case within 1 month after the discovery of the shortcomings. Consumers must inform Ideas of Steel of this within 2 months after the discovery of the shortcomings. The customer provides a description of the shortcoming that is as detailed as possible, so that Ideas of Steel is able to respond adequately. The customer must demonstrate that the complaint relates to an agreement between the parties. If a complaint relates to ongoing work, this can in any case not lead to Ideas of Steel being obliged to perform other work than has been agreed. .


Article 44 - Notice of default

    The customer must notify Ideas of Steel of any notice of default in writing. It is the customer's responsibility that a notice of default actually reaches Ideas of Steel (in time).


Article 45 - Joint and several liability of the customer

 

If Ideas of Steel enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts due to Ideas of Steel under that agreement.

 

Article 46 - Liability Ideas of Steel

    Ideas of Steel is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness. If Ideas of Steel is liable for any damage, it is only liable for direct damage resulting from or related to with the performance of an agreement. Ideas of Steel is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties. If Ideas of Steel is liable, this liability is limited to the amount that has been paid by a closed (professional ) liability insurance is paid out and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.


Article 47 - Expiry period

 

Any right of the customer to compensation from Ideas of Steel expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Article 48 - Right of dissolution

    The customer has the right to dissolve the agreement if Ideas of Steel imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. If the fulfillment of the obligations by Ideas of Steel is not permanently or temporarily impossible, dissolution can only take place after Ideas of Steel is in default. Ideas of Steel has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Ideas of Steel has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.


Article 49 - Force majeure

    In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure of Ideas of Steel to fulfill any obligation towards the customer cannot be attributed to Ideas of Steel in a situation independent of the will of Ideas of Steel. , as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Ideas of Steel. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions. If a force majeure situation occurs as a result of which Ideas of Steel cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Ideas of Steel can meet them again. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing. Ideas of Steel does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.


Article 50 - Amendment of the agreement

    If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation. The previous paragraph does not apply to products purchased in a physical store.


Article 51 - Amendment of general terms and conditions

    Ideas of Steel is entitled to change or supplement these general terms and conditions. Changes of minor importance can be made at any time. Ideas of Steel will discuss major substantive changes with the customer in advance as much as possible. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.


Article 52 - Transfer of rights

    Customer's rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Ideas of Steel. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.


Article 53 - Consequences of nullity or voidability

    If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions. In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Ideas of Steel had in mind when drawing up the conditions on that point.


Article 54 - Applicable law and competent court

    Dutch law applies exclusively to every agreement between the parties. The Dutch court in the district where Ideas of Steel has its registered office / practice / office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.