GENERAL TERMS AND CONDITIONS

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Atelier 85: Sole proprietorship Atelier 85, established and having its registered office at Erasmuslaan 85 (3314AC), Dordrecht, the Netherlands (Chamber of Commerce number 93398050, VAT number NL005015851B50, telephone number +31 617 83846, email info@atelier-85.nl).

2. Customer: the party who enters into, intends to enter into, or for whom Atelier 85 makes an offer or performs a delivery or service.

2.1. Business customer: the customer acting in the course of a profession or business.

2.2. Consumer: the customer not acting in the course of a profession or business.

1. Custom-made products: products manufactured according to the customer’s specifications, which are not prefabricated and which are produced on the basis of a shape, size/dimensions, colour and type of material chosen by the customer, or which are clearly intended for a specific person.

Article 2 – Applicability

1. These terms and conditions apply to all offers, quotations, agreements, services and actions. In the event of any conflict between the content of the agreement and these general terms and conditions, the provisions of the agreement shall prevail.

2. If there is any ambiguity regarding the interpretation of one or more provisions of these terms and conditions, or if a situation is not regulated, the provision or situation shall be assessed in accordance with the “spirit” of these provisions.

3. If Atelier 85 does not always demand strict compliance with these terms and conditions, this does not mean that the provisions are not applicable or that Atelier 85 waives the right to demand strict compliance with these provisions in other cases.

Article 3 – Quotation

1. Offers and quotations made by Atelier 85 are without obligation, unless expressly stated otherwise.

2. Any errors such as incorrect price indications and calculation or typographical errors on the Atelier 85 website, in advertisements, offers and quotations, publications, order confirmations or other documents of Atelier 85 are not binding.

Article 4 – The Agreement

1. The agreement is concluded by the customer’s acceptance of the offer made by Atelier 85. The purchase is concluded upon signing the order confirmation.

2. The order confirmation is, in principle, decisive. It is the customer’s responsibility to carefully check it for any inaccuracies or omissions and to report these to Atelier 85 in a timely manner, at least within 3 days of receipt of the order confirmation.

3. Offers and promotions are of a temporary nature. After the closing date of an offer or promotional period, the customer can no longer make use of it. Price reductions after the conclusion of the agreement, for example due to offers, promotions or discounts on showroom models, do not entitle the customer to a price reduction.

4. Special promotional conditions may apply to offers and promotions.

5. Amendments to the agreement and deviations from these general terms and conditions shall only be valid if agreed upon in writing between the customer and Atelier 85.

6. If amendments to the agreement lead to an increase or decrease in costs, any resulting change in the purchase price must be agreed upon in writing.

7. If it appears that (further) performance of the agreement by Atelier 85 is not possible due to force majeure, Atelier 85 is entitled to suspend or terminate the agreement without being liable for any compensation. This does not preclude the parties from making mutual proposals to amend the agreement in such a way that proper and full performance becomes possible.

8. In the event of bankruptcy, suspension of payments or attachment of the customer’s assets, Atelier 85 is entitled to terminate the agreement in whole or in part without prior notice of default.

Article 5 – Right of Withdrawal / Termination of the Agreement

1. The majority of the products manufactured and/or supplied by Atelier 85 are custom-made and not prefabricated, including in any case products made in the Atelier 85 workshop, such as tables, coffee tables, side tables and custom wall shelves. The right of withdrawal does not apply to these products. These products cannot be returned.

2. If the customer wishes to terminate the agreement without there being a breach and Atelier 85 agrees, the agreement may be terminated by mutual consent. In that case, Atelier 85 is entitled to compensation for damages, including both actual loss and loss of profit. Unless otherwise agreed, the compensation amounts to 30% of the purchase price. This percentage is 50% if, at the time of termination by mutual consent, the customer has already been informed that (partial) delivery can take place.

3. If Atelier 85, at the customer’s request, collects the product from the consumer, the consumer shall bear the costs thereof. These amount to €95.00 including VAT for addresses within the Benelux. At the time of collection, the product must be properly packaged and ready behind the first threshold. If this is not the case, the product will not be taken.

4. The purchase amount will be refunded after the product has been inspected by Atelier 85 and found to be complete, unused and undamaged.

Article 6 – Intellectual Property

1. Unless otherwise agreed in writing, Atelier 85 retains the copyright and all intellectual property rights to the offers made by it, designs provided, images, drawings, (sample) models and similar materials. The customer is not permitted to reproduce, publish, exploit or exhibit any material of Atelier 85 that is subject to intellectual property rights without the consent of Atelier 85.

Article 7 – Delivery Time

1. The delivery time and/or execution period is determined by Atelier 85 on an approximate basis.

2. In determining the delivery time and/or execution period, Atelier 85 assumes that it can carry out the assignment under the circumstances known to it at that time.

3. The delivery time and/or execution period commences when agreement has been reached on all commercial and technical details, all necessary data is in the possession of Atelier 85 and, where agreed, the down payment has been received.

4. In the event of exceeding the estimated delivery time and/or execution period, Atelier 85 shall be granted an additional reasonable period to deliver.

5. Exceeding the delivery time and/or execution period shall under no circumstances entitle the customer to compensation from Atelier 85.

Article 8 – Payment

1. Payment shall be made in euros. The prices applied by Atelier 85 indicate whether they are inclusive or exclusive of VAT.

2. When entering into an agreement with a consumer, Atelier 85 may request a down payment of up to a maximum of 30% of the purchase price. In the case of an agreement with a business customer, Atelier 85 may, prior to delivery or continued performance of the agreement, require payment of the full purchase price in advance or require security for the fulfilment of the customer’s payment obligations.

3. Unless otherwise agreed, the net (remaining) purchase price shall be paid prior to delivery.

4. During the period in which the consumer is in default with payment of the purchase price, the consumer owes the statutory interest pursuant to Article 6:119 of the Dutch Civil Code. During the period in which the business customer is in default with payment of the purchase price, the business customer owes the statutory commercial interest pursuant to Article 6:119a of the Dutch Civil Code.

5. Without prejudice to the provisions of paragraph 6 of this article, after default has occurred Atelier 85 shall send the consumer a reminder, urging payment within a period of 14 days commencing on the day following the reminder. The consumer shall be informed that extrajudicial collection costs will be due if payment is not made, and the amount of such costs shall be specified.

6. Atelier 85 is entitled, without further notice of default, to proceed with collection of the amount due. In that case, Atelier 85 is entitled to engage third parties for collection. The customer shall then also owe extrajudicial collection costs, the amount of which shall be determined in accordance with the Dutch Act on the Standardisation of Extrajudicial Collection Costs and the related decree.

7. In the event of complaints, the customer is only entitled to suspend payment of that part of the amount due which is reasonably proportionate to the content and seriousness of the complaint. This does not release the customer from the obligation to pay the remaining part within the agreed term.

8. Atelier 85 remains the owner of the products until the customer has paid the total amount due under the agreement. The customer is obliged to handle the products with care and may not transfer them to third parties or pledge them, encumber them, or remove or have them removed from the premises where they were delivered, until the purchase price and any interest and costs due have been paid in full.

Article 9 – Warranty

1. Unless otherwise agreed in writing, Atelier 85 guarantees the soundness of the delivered products for a period of twelve months after delivery.

2. In the case of custom-made products, minor deviations in dimensions are permitted. Atelier 85 may deviate by up to 2% from the agreed dimensions, unless expressly agreed otherwise.

3. In all cases, the customer shall give Atelier 85 the opportunity to remedy any defect. The liability of Atelier 85 is limited to the free repair of a defective product or to replacement of that product or a part thereof, at the discretion of Atelier 85.

4. No warranty is provided if defects are the result of normal wear and tear, improper use, lack of or incorrect maintenance or installation, (dis)assembly, modification or repair by the customer or third parties. No warranty is provided for products delivered that were not new at the time of delivery, showroom models, products or parts for which a manufacturer’s warranty has been granted, product-specific properties including the natural behaviour of wood (see also below).

5. A limited warranty applies to all wooden components. This warranty applies exclusively to manufacturing defects. The natural behaviour of wood is excluded, as this is not a defect in the product or its production, but a characteristic of the material. “Wood movement” is understood to mean the expansion, contraction, cracking and/or warping of wood. The wood used by Atelier 85 is sawn and dried with a moisture content of approximately 8% to 12%, making the product suitable for use in a heated environment. However, wood remains a natural product and absorbs and releases moisture. The extent to which this occurs depends, among other things, on temperature differences and humidity. Wood will move less if the humidity remains at an approximately constant level. We recommend a humidity level between 50% and 60%, with a decrease of 10% in winter and an increase of 10% in summer.

Article 10 – Applicable Law

All agreements to which these terms and conditions apply are governed by Dutch law.