Terms of service
General terms and conditions Lifestyle Investments BV, hereinafter referred to as Cabau Lifestyle.
Applicability
The following terms and conditions apply to all orders placed through our online (B2B) shop by consumers or traders.
Consumer means a person acting for purposes wholly or mainly outside that person's trade, business, craft or profession.
Trader means a person trading for purposes related to that person's trade, business, craft or profession, either acting personally or through another person acting on behalf of the trader or on behalf of the trader.
These terms also apply to traders for future commercial relationships without the need for any formal expression thereof. Unless otherwise expressly approved by us, we cannot accept the contractual validity of conflicting or additional terms and conditions used by a merchant.
Deviations and additions to these Terms and Conditions must be expressly agreed upon. Any agreed deviations cannot confer any rights for future transactions on the customer/dealer.
Article 1 - General
1.1 In these general terms and conditions ("Conditions") the following definitions apply:
- Seller: the private limited company Lifestyle investments, established in Duiven at Impact 71-H, registered with the Chamber of Commerce under number 81721307.
- Buyer: any natural or legal person who negotiates the formation of an Agreement with Seller and/or enters into an Agreement with Seller.
- Agreement: an Agreement between the Purchaser and the Seller under which the Seller supplies Products.
- Products: Seller's goods, services and/or advice, in the broadest sense of the word.
1.2 These Terms apply to all offers, quotations, order confirmations, Agreements and to all related (legal) acts of Seller and Buyer. In case of conflict, the Agreement prevails over the Conditions.
1.3 The applicability of general terms and conditions of the Buyer, however named, is expressly rejected by Seller.
1.4 Deviations from these Conditions and from the Agreement are only valid if and insofar as they have been expressly laid down in writing by Seller and apply only once.
1.5 In case of nullity, annulment or otherwise inapplicability of (part of) one or more provision(s) of the Conditions, the other provisions will remain fully applicable. As far as possible, the provision that is invalid, annulled or inapplicable will be acted upon.
1.6 Seller is entitled to make amendments to the Conditions, which amended Conditions will apply from the date notified and after the amended Conditions have been sent to the Buyer.
Article 2 - Conclusion of Agreements
2.1 All offers, quotations, order confirmations and statements made by or on behalf of Seller are entirely without obligation.
2.2 An Agreement will only be established if a written Agreement signed by both parties is concluded, or if Seller sends an order confirmation to Buyer by e- mail or in writing, which order confirmation in such a case counts as a correct and complete representation of the Agreement concluded between Seller and Buyer.
2.3 If no written Agreement has been concluded and also no order confirmation has been sent, the parties shall nevertheless be bound if the Seller begins executing the Agreement. In that case, the invoice shall be considered the Buyer's order and the correct representation of the Agreement between Seller and Buyer. 2.4 Buyer is not entitled to transfer this Agreement and/or any rights and obligations arising therefrom in whole or in part to a third party without Seller's prior written consent.
Article 3 - Prices and payment
3.1 Unless otherwise stated, prices are in Euros and exclusive of VAT, costs due under the law, taxes, levies, duties and import and export duties. The Buyer shall bear the exchange rate risk in the event of payment in foreign currency.
3.2 Prices are based on the cost factors and cost price elements applicable at the time the Agreement was concluded, such as: import and export duties, freight and insurance, unloading costs, levies and taxes, raw materials, electricity and gas, products and services obtained from third parties, salaries, social security charges and insurance premiums. The Seller is authorised to adjust the agreed prices if the price of cost factors has increased in relation to the prices on which the Agreement is based. Buyer undertakes to accept a price increase of 10%.
3.3 Payments shall be made within 14 (fourteen) days of the invoice date. The Buyer shall pay the invoiced amounts without any deductions, discounts or offsets and shall not be entitled to suspend any payment obligation towards the Seller.
3.4 All payment terms are final. If no payment has been made within 14 (fourteen) days of the invoice date, the Buyer shall be immediately in default and all Seller's claims against the Buyer, on whatever account, shall be immediately due and payable. In that case, the Buyer shall owe statutory commercial interest (Section 6:119a of the Dutch Civil Code) above the invoice amount as from the due date of the invoice. In addition, in the event of late payment, all judicial and extrajudicial collection costs shall be borne by the Buyer. The extrajudicial collection costs are set at 15% of the principal sum, including VAT, with a minimum of € 250, without prejudice to the Seller's right to claim compensation of the actual costs if these costs are higher and without prejudice to the costs of legal proceedings or arbitration.
3.5 Complaints regarding an invoice must be submitted to Seller in writing within 8 (eight) days of the invoice date. After this period, complaints will no longer be considered and the Buyer has processed its rights. A complaint does not suspend the payment obligation.
3.6 Seller is authorised at all times to require advance payment from Buyer, or any form of security including but not limited to pledges and bank guarantees, to which Buyer is obliged to cooperate.
Article 4 - Delivery and delivery times
4.1 Unless expressly agreed otherwise, deliveries are made ex works and the Products travel at the expense and risk of the Buyer, consumer or trader.
4.2 The Seller is entitled to make and invoice partial deliveries separately. The Product must be delivered to the Customer within 30 days of ordering at the latest. If this does not happen, the customer may cancel the purchase immediately. This does not apply if the parties have agreed on a different delivery period, in which case the other delivery period applies. An indication of the delivery date or time of delivery does not count as the agreement of a different delivery period.
4.3 The stated delivery times are approximate and not deadlines. Exceeding delivery times will not entitle the Buyer to compensation, except in the event of Seller's intent or gross negligence.
4.4 At the time of delivery, the Products satisfy the requirements imposed on the Products by the laws and regulations applicable in the Netherlands. If the Buyer takes or offers the Products outside the Dutch borders, the Buyer itself must ensure compliance with the relevant laws and regulations.
Revocation and returns.
If you do not wish to purchase a product for any reason, you have the right to return the product to Cabau Lifestyle within 14 days after delivery of the product (or if applicable after delivery of the last product). The costs for transport of returns & handling of returns are for your own account.
To be eligible for a return, the item must be in the same condition as it was obtained, unsealed, unworn or unused, with labels and in its original packaging. The packing slip or proof of purchase is required.
To start a return, it is necessary to start at the Cabau returns portal. Should a complaint arise immediately upon receipt of a product, the item is defective or damaged, or if the wrong item has been received, customer service can be contacted so that the problem can be assessed. For exceptions, please refer to our website.
Refunds
As soon as we receive the returned product, we will notify the customer and keep them informed about the refund. Please note that it may take some time for a bank or credit card company to process and book the refund.
Right of withdrawal form
To exercise the right of withdrawal, you can also use the withdrawal form. Contact us at customerservice@cabaulifestyle.com
Article 5 - Complaints and quality
5.1 Complaints regarding the quantity of Products delivered and complaints regarding defects or damage should be made immediately after delivery and noted by the Buyer on the receipt provided to the Seller, after which complaints should also be made in writing, stating reasons, within 8 (eight) days of delivery. Complaints relating to quality or deviations from specifications and other complaints must be made within 8 (eight) days of delivery in writing, stating reasons. After expiry of these periods, the right to complain shall lapse and complaints shall no longer be considered. Complaints shall not entitle the Buyer to suspend its payment.
5.2 The right of complaint lapses if the Buyer has processed the Products in the broadest sense of the word, e.g. processed or mixed them.
5.3 If the complaint is well-founded, the Seller will, at its discretion, either send a credit note or deliver a replacement (similar) Product, only after returning the originally delivered Products. The Seller shall not be obliged to pay (further) compensation. Credit notes shall in principle only be offset against outstanding invoices and only be paid out by the Seller when there are no outstanding invoices, or other offsettable claims.
5.4 Legal claims must be brought by the Buyer within 6 (six) months after the timely claim under penalty of expiry.
Article 6 - Force majeure
6.1 If Seller is prevented from fulfilling its obligations to Buyer due to force majeure, the period within which Seller must fulfil its obligations will be extended by the duration of the force majeure situation. Force majeure shall in any case mean any circumstance independent of the Seller's will, such as, but not limited to, special weather conditions, illness of persons working for the Seller, strikes, government measures, wars, breakdown of machinery and/or failures delays on the purchasing side or impossibility of purchasing, for example, raw materials, semi-finished products, equipment, fuel or transport, changes in the assortment of suppliers, import and export bans or import and export impediments, transport impediments, all this if these occur both at the Seller's company and at its suppliers.
6.2 If the situation of force majeure has lasted longer than 2 (two) months, or it is established that it will last longer than 2 (two) months, both parties will be entitled to dissolve the Agreement for the part that has not yet been performed by the Seller.
6.3 In the event of force majeure, Buyer is not entitled to compensation.
Article 7 - Retention of title
7.1 Seller retains title to all Products delivered until all its claims on Buyer in respect of any Agreement or otherwise have been paid in full to Seller.
7.2 As long as ownership of the Products has not passed to the Buyer, it may not sell, pledge or grant any other right to the Products to third parties, except within the normal course of its business.
7.3 The Seller is entitled to unhindered access to the Products owned by it. The Buyer will cooperate with the Seller to enable the Seller to exercise its retention of title by repossessing the Products, including any necessary dismantling.
7.4 The Buyer is obliged to keep the Products delivered under retention of title with due care and as recognisable property of the Seller.
7.5 If the Buyer is in default of payment and the Seller therefore recovers the Products delivered using the retention of title, the costs thereof will be borne by the Buyer.
7.6 If and as long as the Seller is the owner of the Products, the Buyer will inform the Seller immediately if they are seized, or threatened to be seized, or if any claim is otherwise made to (any part of) the Products. The Buyer shall also inform the third party of the Seller's (ownership) rights.
Article 8 - Suspension and dissolution
8.1 If the Buyer fails to fulfil any obligation to the Seller, or if the Seller can reasonably expect that the Buyer will fail to fulfil any obligation to the Seller, for example if it learns that the Buyer's creditworthiness is declining, the Seller shall be entitled to suspend the (further) performance of its obligations under the Agreement by means of a written notification, without the Seller being liable to pay any compensation, without prejudice to its other rights.
8.2 In the event that the Buyer:
- becomes insolvent, is declared bankrupt, is admitted to the Statutory Debt Rescheduling Arrangement for Natural Persons, requests its own bankruptcy or suspension of payments or admission to the Statutory Debt Rescheduling Arrangement for Natural Persons, proceeds to divest itself of its assets, or all or part of its assets are seized;
- is placed under guardianship or otherwise loses the power of disposition of his assets or parts thereof;
- discontinues or transfers all or part of his business, including the contribution of his business to an existing or to be incorporated company, or changes the objects of his business;
- dies;
- fails to fulfil any of his obligations under the law or under the Agreement or Terms and Conditions, or fails to do so on time and/or properly;
the Seller shall be entitled to dissolve all or part of the Agreement with immediate effect, without notice of default or judicial intervention, by means of a written notification, without prejudice to its other rights.
Article 9 - Liability
9.1 Seller shall not be liable for damage suffered by Buyer or third parties except insofar as such damage is the direct result of intent or deliberate recklessness on the part of Seller.
9.2 Without prejudice to the previous paragraph, Seller's liability is limited to the invoice value of that part of the Agreement from which the liability arises.
9.3 Under no circumstances will the Seller be liable for indirect loss such as consequential loss, loss due to delay and loss of profit or turnover.
9.4 The Buyer will indemnify and hold the Seller harmless against all claims by third parties, directly or indirectly related to (the use of) the Products and will compensate the Seller for all damage suffered by the Seller as a result of such claims.
Article 10 - Disputes and applicable law
10.1 These Conditions, as well as the Agreement, are governed by Dutch law.
10.2 All disputes that may arise as a result of the Agreement or these Conditions will be settled exclusively by the District Court of Gelderland, location Arnhem, or another competent court at Seller's discretion.