Terms and Conditions
Article 1 General provisions
1.1 These terms and conditions apply to every offer, quotation and agreement between the Customer and Thinking of Holland (hereinafter: “TOH”), in whatever way (written, verbal, via the webshop, email or in a branch of TOH), unless expressly agreed otherwise in writing between TOH and the Customer.
1.2 General terms and conditions that a Customer may use are hereby expressly rejected by TOH.
1.3 If one of the provisions of these terms and conditions is wholly or partially declared null and void or is annulled, the other provisions of these terms and conditions will remain fully applicable. In such a case, TOH will replace the relevant provision as soon as possible with a new provision, which corresponds as much as possible with the provision declared null and void or annulled.
1.4 In the event of uncertainty about a provision of these terms and conditions or if a situation arises which is not currently provided for in these terms and conditions, the relevant provision or situation must be interpreted as much as possible in accordance with the intention of the (other) terms and conditions.
Article 2 Definitions
2.1 In these terms and conditions the following definitions apply: Customer: Any natural person or legal entity to whom TOH supplies goods or services, makes an offer or quotation or for whom it performs other work.
Article 3 Quotations and offers
3.1 All quotations and offers are without obligation and valid for a period of 30 calendar days after the date, unless a different term for acceptance is stated in the quotation or offer.
3.2 An agreement between TOH and the Customer is only concluded at the moment that TOH has accepted or confirmed the order in writing.
3.3 In the event that an order or order from the Customer deviates from TOH's written confirmation, TOH's confirmation is exclusively binding.
3.4 The prices stated in a quotation or offer, in a branch of TOH or in the webshop, are in principle inclusive of VAT and exclusive of any additional costs such as shipping costs, unless stated otherwise.
3.5 TOH cannot be held to the prices stated in a quotation, offer or in the web shop if the Customer could or should reasonably have understood that this contains an obvious mistake or clerical error.
3.6 A composite quotation does not oblige TOH to perform part of the assignment for a corresponding part of the stated price.
3.7 The prices stated in offers or quotations do not automatically apply to future orders.
Article 4 Contract duration, suspension and execution
4.1 TOH reserves the right to suspend the execution of the agreement with the Customer in whole or in part if the financial situation of the Customer gives reason to do so in TOH's reasonable opinion. This will not limit TOH's possible right to compensation.
4.2 If a term has been agreed or specified for the completion of certain activities or for the delivery of certain items, this shall not be regarded as a strict deadline. If TOH exceeds a term, the Customer must first give TOH notice of default in writing and offer the opportunity to properly perform the agreement after all. The Customer must use a reasonable term for this.
4.3 TOH is not obliged to fulfill any obligation towards the Customer if it is prevented from doing so as a result of a circumstance that is not due to fault, and is not for its account under the law, a legal act or generally accepted standards. coming.
4.4 TOH can suspend the obligations under the agreement during the period in which there is force majeure.
Article 5 Communication
5.1 TOH is not liable for incorrect or delayed processing of order data from and communications to the Customer as a result of the use of the internet or any other means of communication in the traffic between the Customer and TOH and any resulting damage.
Article 6 Purchase, transport, delivery
6.1 The delivery times stated by TOH are indicative, are not strict deadlines and will be adhered to as much as possible. If the indication is exceeded, the Customer cannot claim any compensation from TOH, nor can the agreement be dissolved.
6.2 For orders placed via TOH's webshop, a maximum delivery time of 30 calendar days applies, unless otherwise agreed in writing between TOH and the Customer.
6.3 TOH has the choice of the mode of transport of goods purchased via the webshop, unless otherwise agreed in writing between TOH and the Customer.
6.4 The risk of loss, damage or depreciation passes to the Customer at the time the goods are brought under the control of the Customer in any way whatsoever. In the event that the goods are not collected by the Customer at a branch of TOH, the moment of bringing the Customer under control may also be the moment that the goods are delivered to the address specified by the Customer or, in the absence from the Customer, at a post office, neighbors of the Customer or (with the Customer's well-being) from another third party.
Article 7 Payment
7.1 Depending on the method of purchase, payment must be made at the following time, unless it concerns promotional gifts or an order with a total value exceeding EUR 500: If the goods are ordered via webshop or email, full payment must be made prior to delivery by TOH. If the Customer places or purchases an order from TOH in a branch, the payment will take place prior to the purchase by or delivery to the Customer.
7.2 In the event that an order, made in any way whatsoever, represents a total value of more than EUR 500, TOH may require an advance payment of at least 50%.
7.3 In the case of Business Gifts, payment after delivery on the basis of an invoice is possible, provided that this has been agreed in advance by TOH and the Customer. In that case, payment must be made by the Customer within 14 calendar days after the invoice date in a manner indicated by TOH and in the currency in which the invoice is made, unless otherwise agreed in writing.
7.4 When paying by invoice, the Customer is legally in default if he fails to make timely payment. The Customer will then owe interest from the due date of the invoice, which in the case of a consumer purchase is equal to the statutory interest and in any other case amounts to 1% per month. The interest is calculated from the moment of default until the day of payment of the full amount owed.
7.5 Payment takes place as follows: In a branch of TOH you can pay in cash, by pin or credit card (american express, master card, visa or maestro). In the TOH webshop you can pay by credit card (american express, master card, visa or maestro) or iDeal.
Article 8 Guarantees and returns of goods
8.1 Only goods ordered through the webshop are subject to a period of 7 working days within which the Customer can return the goods to TOH without giving any reason and subject to a refund of the purchase price, unless one of the following conditions applies is: The goods are made in accordance with the instructions and specifications provided by the Customer; The goods have an evidently personal character; The goods cannot be returned due to their nature; The Customer and TOH have explicitly excluded the 7-day period prior to delivery.
8.2 Goods can only be returned after prior written confirmation from TOH and in the manner indicated by TOH with this confirmation.
8.3 The Customer can only return the goods if they are handed over to TOH complete, undamaged, in unused condition and in the original packaging.
8.4 Goods can be returned up to and including the 21st calendar day after purchase of the goods by the Customer.
8.5 The Customer is liable for any damage caused during the return.
8.6 If the goods are returned in full in accordance with the above, TOH will forward the purchase amount (excluding shipping costs, etc.) to the customer within 30 days of receipt of the returned goods.
8.7 The goods to be delivered by TOH meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended under Dutch law under normal use. When used outside the Netherlands, the Customer must verify whether the use of the goods is suitable for use there and whether they meet the legal requirements and conditions that are imposed on them.
8.8 Any form of warranty will lapse if a defect has arisen as a result of or arises from injudicious or improper use, incorrect storage or handling of the goods, without prior written permission from TOH. The warranty also lapses if the defect is caused by or is the result of circumstances beyond TOH's control, including but not limited to extreme weather conditions.
8.9 The Customer is obliged to inspect the goods for defects immediately upon delivery and to report these defects to TOH without delay, but no later than 1 month after delivery.
Article 9 Retention
9.1 All goods remain the full property of TOH until the Customer has fully fulfilled its payment obligations with regard to those goods.
9.2 Any intellectual property rights resting on the products supplied by TOH are fully and unconditionally respected by the Customer. TOH cannot guarantee that the goods delivered to the Customer do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 10 Non-attributable shortcomings
10.1 TOH is authorized to declare the agreement with the Customer dissolved by means of a written notification to the Customer or to suspend the execution of the agreement, all this without any right to compensation arising if the execution of the agreement is made more difficult or impeded as a result of force majeure. Force majeure also includes:
a. business interruption or business interruption of whatever nature, insofar as this has arisen as a result of events or circumstances that cannot reasonably be attributed to TOH;
b. delayed or late delivery of the goods by TOH's suppliers;
c. transport difficulties or transport impediments of any kind, as a result of which transport to or from TOH is made more difficult or impeded, insofar as these difficulties or impediments are not attributable to TOH according to popular opinion;
d. the Customer is in default for more than 2 months;
e. the Client applies for a moratorium or is declared bankrupt;
f. attachment is levied on one or more properties of the Customer.
Article 11 Language, applicable law and competent court
11.1 These terms and conditions have been drawn up in both Dutch and English. In the event of a dispute regarding the interpretation or content of these terms and conditions, the Dutch text will be binding.
11.2 All legal relationships between TOH and the Customer are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is excluded.
11.3 Any dispute between TOH and the Customer arising from the agreement will be submitted to the competent court in Amsterdam.
Thinking of Holland is established in Amsterdam and registered in the trade register under no. 55842844.
Thinking of Holland is temporarily closed until March,1st 2024. The webshop stays open. Sometimes the shop can be open, but this is at irregular moments. You can always send an e-mail to: firstname.lastname@example.org to make an appointment for a private shopping experience.