General terms and conditions

General Terms and Conditions 

General Terms and Conditions Vloer-verwarming.com 

Sole proprietorship Vloer-verwarming (hereinafter: "Vloer-verwarming.com"). 

Chamber of Commerce number 897613 (consumer-redress.ec.europa.eu) 
Telephone number 06-23487455. 

Article 1 - Definitions 

1. In these general terms and conditions, the following terms shall have the following meanings, unless expressly stated otherwise. 

1. Offer: any written or electronic offer by Vloer-verwarming.com to the Buyer/Client with respect to the sale and delivery of Products and/or the performance of Works. 

1. Business: the natural person or legal entity acting in the exercise of a profession or business. 

1. Consumer: the natural person who is not acting in the exercise of a profession or business. 

1. Buyer / Client: the Business or Consumer who enters into an Agreement with Vloer-verwarming.com. 

1. Agreement: any agreement between Vloer-verwarming.com and the Buyer/Client for the sale and delivery of Products, whether or not combined with installation, assembly, maintenance, repair or other Works. 

1. Products: all items offered and/or delivered by Vloer-verwarming.com, including electric underfloor heating systems, heating mats, foil systems, thermostats, sensors, accessories, underlays, boards, installation materials and related items. 

1. Works: all work performed by Vloer-verwarming.com on instruction, including installation, assembly, measuring, advice, inspection, repair, maintenance and other work of a tangible nature. 

1. Custom Work: Products and/or Works manufactured, assembled, ordered or performed in accordance with specific wishes, dimensions or instructions of the Buyer/Client. 

1. Additional Work: all additional work and/or deliveries not included in the original Agreement. 

1. Omitted Work: the cancellation of agreed work and/or deliveries. 

1. Location / Work Location: the place where the Products are delivered and/or where the Works are performed. 

1. Completion: the moment at which Vloer-verwarming.com reports the Works as completed and the Buyer/Client accepts them, or is deemed to have accepted them. 

1. Right of Withdrawal: the statutory right of the Consumer to withdraw from a distance agreement within the applicable period. 

1. In Writing: by letter, by e-mail, via the webshop or by another electronic means that may qualify as a durable medium. 

1. Durable Medium: any instrument that enables the Buyer/Client or Vloer-verwarming.com to store information addressed personally to it in a manner that allows future consultation and unchanged reproduction. 

1. Force Majeure: any circumstance beyond the control of Vloer-verwarming.com as a result of which performance of the Agreement is permanently or temporarily prevented. 

Article 2 - Applicability 

1. These general terms and conditions apply to every Offer by Vloer-verwarming.com and to every Agreement between Vloer-verwarming.com and the Buyer/Client, regardless of whether it relates to the sale and delivery of Products, the performance of Works, or a combination thereof. 

1. These general terms and conditions also apply to additional instructions, follow-up instructions, amended instructions and future legal relationships between Vloer-verwarming.com and the Buyer/Client. 

1. The applicability of general terms and conditions of the Buyer/Client is expressly rejected, unless Vloer-verwarming.com has expressly accepted their applicability In Writing in advance. 

1. Deviations from these general terms and conditions are valid only if and insofar as they have been expressly agreed In Writing between the parties. A deviation applies exclusively to the Agreement concerned and may not be invoked by the Buyer/Client in respect of other or future agreements. 

1. If, in addition to these general terms and conditions, supplementary terms and conditions, product-specific terms and conditions, installation conditions, warranty conditions, assembly instructions, operating instructions or protocols apply, they shall apply in addition to these general terms and conditions. In the event of any conflict, the following order of precedence shall apply, unless expressly agreed otherwise: 
   a. the Written Agreement or order confirmation; 
   b. the quotation of Vloer-verwarming.com; 
   c. the supplementary or product-specific terms and conditions; 
   d. these general terms and conditions. 

1. If a provision of these general terms and conditions is void, is annulled or otherwise proves unenforceable, this shall not affect the validity of the remaining provisions. In that event, the parties shall agree on a replacement provision that corresponds as closely as possible to the purpose and intent of the original provision. 

1. If Vloer-verwarming.com does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply or that Vloer-verwarming.com loses the right to require strict compliance in other cases. 

1. Insofar as these general terms and conditions distinguish between Consumers and Businesses, the relevant provisions apply exclusively to the relevant category of Buyer/Client. If the Buyer/Client acts in the exercise of a profession or business, the provisions for Businesses apply and consumer-law protective provisions do not apply, unless expressly provided otherwise. 

1. If an Agreement contains elements of both sale and a contract for work or the provision of services, these general terms and conditions remain fully applicable to all parts of the legal relationship, unless the nature of a specific provision dictates otherwise. 

Article 3 - The Offer 

1. Every Offer by Vloer-verwarming.com is non-binding, unless expressly stated otherwise In Writing. 

1. An Offer is based on the data, information, drawings, dimensions, quantities, specifications and other information provided by the Buyer/Client. The Buyer/Client warrants the accuracy and completeness thereof. Vloer-verwarming.com may rely on the accuracy of the information provided and is not obliged to conduct an independent investigation, unless expressly agreed otherwise or unless reasonableness and fairness require otherwise. 

1. If the Offer is based on incorrect or incomplete information from the Buyer/Client, Vloer-verwarming.com is entitled to amend the Offer. Any additional costs, delays or additional work resulting therefrom shall be for the account of the Buyer/Client. 

1. Unless expressly stated otherwise, an Offer includes only that which is expressly described therein. Works or deliveries that prove reasonably necessary for proper performance, but are not expressly included in the Offer, may be charged as Additional Work. 

1. Images, drawings, calculations, technical specifications, dimensions, examples, samples, colours, wattages, performance data, efficiencies, consumption indications, installation diagrams and other information in catalogues, brochures, on the website, in advertisements or in other communications of Vloer-verwarming.com are indicative and bind Vloer-verwarming.com only if and insofar as they expressly form part of the Agreement. 

1. Obvious mistakes, clerical errors, typographical errors, pricing errors, calculation errors, programming errors, publication errors or other obvious omissions in the Offer, on the website, in brochures, price quotations or order confirmations do not bind Vloer-verwarming.com. Vloer-verwarming.com is entitled to correct such errors, including after the Agreement has been concluded, provided that the Buyer/Client is notified thereof without delay. 

1. If the Offer states a period of validity, no rights may be derived from the Offer after expiry of that period. 

1. If no period of validity is stated, the Offer shall remain valid for fourteen days after its date, unless the nature of the Offer or market conditions entail a shorter period of validity. 

1. Unless expressly stated otherwise, all prices in the Offer are stated in euros and include VAT if the Buyer/Client is a Consumer. For Businesses, prices may be stated exclusive of VAT and other levies. Transport costs, delivery costs, installation costs, call-out charges, third-party costs and other additional costs are included only if and insofar as this is expressly stated in the Offer. 

1. If an Offer relates to Custom Work, specially ordered Products or Works to be performed on the basis of specific wishes of the Buyer/Client, Vloer-verwarming.com may impose additional conditions, including a down payment, different delivery times, limited cancellation options and exclusion of returns or withdrawal to the extent permitted by law. 

1. If the Buyer/Client does not accept the Offer in time, Vloer-verwarming.com is not obliged to maintain the Offer on the same terms. 

Article 4 - Formation of the Agreement 

1. An Agreement is formed at the moment when: 
   a. the Buyer/Client accepts the Offer of Vloer-verwarming.com and Vloer-verwarming.com confirms this acceptance In Writing; 
   b. Vloer-verwarming.com confirms In Writing an order or instruction placed by the Buyer/Client; 
   c. Vloer-verwarming.com actually commences performance of the instruction; or 
   d. Vloer-verwarming.com receives a payment, down payment or other performance from the Buyer/Client and subsequently proceeds to process the instruction. 

1. If the acceptance by the Buyer/Client deviates from the Offer, the Agreement shall not be formed in accordance with that deviating acceptance, unless Vloer-verwarming.com expressly accepts the deviation In Writing. 

1. A composite price quotation does not oblige Vloer-verwarming.com to perform part of the instruction for a corresponding part of the stated price. 

1. Vloer-verwarming.com is at all times entitled to refuse an application, order or instruction without stating reasons, or to attach further conditions to acceptance, including advance payment, provision of additional information, provision of security or a technical inspection of the Work Location. 

1. If the Agreement is concluded electronically, Vloer-verwarming.com shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure appropriate security of its web environment. This does not affect the Buyer/Client's own responsibility for the safe use of digital means of communication. 

1. Vloer-verwarming.com is entitled to engage third parties in the formation and performance of the Agreement, without the prior consent of the Buyer/Client being required, unless expressly agreed otherwise. 

1. Amendments of, additions to or deviations from the Agreement are binding only if confirmed In Writing by Vloer-verwarming.com. 

1. Agreements or commitments made by subordinates, representatives, technicians, installers or third parties engaged by Vloer-verwarming.com do not bind Vloer-verwarming.com, unless expressly confirmed In Writing by Vloer-verwarming.com. 

1. If, for performance of the Agreement, certain Products are no longer available, raw materials prove unavailable, or performance proves technically or economically onerous, Vloer-verwarming.com is entitled to offer a reasonably equivalent alternative. If the Buyer/Client does not accept this alternative and the lack of availability cannot be attributed to Vloer-verwarming.com, Vloer-verwarming.com is entitled to terminate the Agreement in whole or in part without being liable to pay damages. 

1. Insofar as Vloer-verwarming.com, in connection with the formation of the Agreement, provides advice concerning material selection, capacity, possible applications, floor build-up, consumption, suitability of the substrate or installation, such advice is given to the best of its knowledge and on the basis of the information available at that time. The Buyer/Client remains responsible for providing complete and correct information and for having the structural, technical and electrical suitability assessed, unless expressly agreed otherwise. 

Article 5 - Performance of the Agreement 

1. Vloer-verwarming.com shall perform the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 

1. All Works are performed on the basis of a best-efforts obligation, unless an obligation to achieve a result has been expressly agreed In Writing. Vloer-verwarming.com does not warrant results that depend on circumstances beyond its control, including the condition of the substrate, the quality of existing installations, the presence of concealed pipes, the suitability of the floor construction, the use of the space, the method of finishing and compliance with instructions by the Buyer/Client or third parties. 

1. Vloer-verwarming.com is entitled to have the Agreement performed in whole or in part by third parties. 

1. Vloer-verwarming.com is entitled to perform the Agreement in stages and to invoice individual stages separately. 

1. The Buyer/Client shall ensure that all data, documents, approvals, permits, drawings, dimensions, connection details, technical information and other information necessary for performance are provided to Vloer-verwarming.com in a timely and complete manner. 

1. If the information required for performance has not been provided in time or the Work Location is not suitable, accessible or ready for performance, Vloer-verwarming.com is entitled to suspend performance and to charge the resulting costs, including waiting hours, additional travel movements, storage costs, repair costs and other damage, to the Buyer/Client. 

1. The Buyer/Client shall ensure that the Location is safe, dry, clean, accessible and available in time and that Vloer-verwarming.com can perform the Works without interruption. If this is not the case, the consequences shall be entirely for the account and risk of the Buyer/Client. 

1. The Buyer/Client warrants that floors, underlays, pipes, cables, installations, building components and structures present at the Location are suitable for the delivery, assembly and use of the Products and for performance of the Works, unless it has been expressly agreed In Writing that Vloer-verwarming.com will independently investigate this. 

1. Vloer-verwarming.com is entitled to suspend performance of the Agreement if: 
   a. the Buyer/Client fails to perform its obligations under the Agreement, or fails to do so fully or in time; 
   b. after conclusion of the Agreement, circumstances become known that give good reason to fear that the Buyer/Client will not perform its obligations; 
   c. the Buyer/Client fails to provide the requested security; or 
   d. circumstances occur at the Location or in the supply chain that, in the opinion of Vloer-verwarming.com, impede safe, proper or timely performance. 

1. Delivery or performance periods stated by Vloer-verwarming.com are always indicative, unless expressly agreed otherwise In Writing. Exceeding a period does not entitle the Buyer/Client to damages or termination, unless mandatory law provides otherwise or there is intent or deliberate recklessness on the part of Vloer-verwarming.com. 

1. If, during performance, it becomes apparent that the Agreement must be amended or supplemented for proper performance, Vloer-verwarming.com is entitled to adapt performance accordingly. If this has consequences for the price, planning, Completion or nature of the Works, Vloer-verwarming.com shall inform the Buyer/Client thereof as soon as possible. 

1. The Buyer/Client accepts that changes to the instruction, additions, delays caused by third parties, unforeseen circumstances or unsuitability of the Location may result in adjustment of the price, planning and duration of performance. 

1. If Vloer-verwarming.com performs work or provides advice concerning the selection, capacity, placement or application of Products, this applies only within the scope of the instruction given and on the basis of the information supplied by the Buyer/Client. Vloer-verwarming.com is not liable for damage resulting from incorrect or incomplete information from the Buyer/Client or third parties. 

1. If the Buyer/Client provides or prescribes Products or materials, Vloer-verwarming.com is not liable for defects, delays, malfunctions or damage related to those Products or materials, unless there is intent or deliberate recklessness on the part of Vloer-verwarming.com. 

1. Vloer-verwarming.com is not obliged to commence performance as long as the Buyer/Client has not fulfilled all obligations applicable before commencement, including providing the required information, preparing the Location and paying an agreed down payment. 

Article 6 - Delivery of Products 

1. Delivery of Products shall take place at the address specified by the Buyer/Client, or at another place agreed In Writing between the parties. 

1. Vloer-verwarming.com shall perform accepted orders and instructions with due dispatch. Stated delivery periods are always indicative, unless expressly agreed otherwise In Writing. 

1. Exceeding a stated delivery period does not entitle the Buyer/Client to damages, substitute damages, suspension or termination of the Agreement, unless mandatory law provides otherwise or there is intent or deliberate recklessness on the part of Vloer-verwarming.com. 

1. If delivery is delayed because the Buyer/Client has provided incorrect or incomplete information, does not respond in time, does not pay in time or otherwise fails to fulfil its obligations, the delivery period shall be extended by the period of the resulting delay, without prejudice to the right of Vloer-verwarming.com to reimbursement of the resulting costs and damage. 

1. Vloer-verwarming.com is entitled to make partial deliveries, unless expressly agreed otherwise In Writing or a partial delivery reasonably has no independent value. Vloer-verwarming.com is entitled to invoice partial deliveries separately. 

1. If an ordered Product is temporarily or permanently unavailable, Vloer-verwarming.com shall inform the Buyer/Client thereof as soon as possible. In that event, Vloer-verwarming.com is entitled to offer an alternative that it considers reasonably equivalent. If the Buyer/Client does not wish to accept that alternative, the parties are entitled to terminate the Agreement in respect of the relevant part, without Vloer-verwarming.com being liable to pay any damages. 

1. If the Buyer/Client refuses to take delivery of the Products, postpones delivery or makes delivery impossible, Vloer-verwarming.com is entitled to store the Products for the account and risk of the Buyer/Client. All related costs, including storage costs, additional transport costs, administrative costs and any depreciation, shall be for the account of the Buyer/Client. 

1. Vloer-verwarming.com is entitled to suspend delivery for as long as the Buyer/Client has not fully complied with its payment obligations or other obligations under the Agreement. 

1. If delivery takes place to the first door, on the ground floor or up to an agreed delivery point, the Buyer/Client is itself responsible for internal transport, further movement and safe storage of the Products, unless expressly agreed otherwise. 

1. The Buyer/Client shall ensure that the delivery location is readily accessible and that delivery can take place without obstruction. Additional costs arising because the delivery location is not readily accessible or because additional aids or deployment are necessary shall be for the account of the Buyer/Client. 

1. If Vloer-verwarming.com provides information about stock, availability or expected delivery time, such information is indicative and no rights may be derived from it. 

1. For delivery to Consumers, unless expressly agreed otherwise, the risk in the Products passes at the moment of actual delivery to the Consumer or a third party designated by the Consumer who is not the carrier. 

1. For delivery to Businesses, the risk passes in accordance with the provisions of these general terms and conditions concerning transfer of risk. 

Article 7 - Packaging and Transport 

1. Vloer-verwarming.com determi