Terms and Conditions

Timmersgems BV is a wholesaler. Different rules apply to wholesalers than to online stores for consumers. For example, we don't offer a trial period or right of withdrawal, so you can't return products. Timmersgems BV is not covered by the Consumer Protection Act of 2014. Please read the terms and conditions below carefully before ordering.

General terms and conditions of delivery of Timmersgems BV, established and with registered offices in Berghem.
These terms and conditions apply to the online shop.

Article 1 - General
For the application of these general terms and conditions, the following definitions apply:

• General terms and conditions: these general terms and conditions;
• The supplier: Timmersgems BV in Berghem;
• The purchaser: the supplier's contracting party, other than a consumer or end user;
• Order: the agreement between the supplier and the buyer relating to the purchase of goods by the buyer;
• Goods: the products/goods offered for sale by the supplier.

Article 2 - Applicability
These terms and conditions form an integral part of the agreement, as well as all quotations from the supplier. It is only possible to deviate from the applicability of these general terms and conditions and the general terms and conditions themselves in writing. They apply to the exclusion of all general terms and conditions appearing on the documents issued by the customer insofar as the latter conditions conflict with the former.

Article 3 - Quotations and offers
a. All quotations are non-binding. The supplier is only bound after an order has been accepted in writing or delivery and/or execution has commenced. Deviations from a written order confirmation are only binding on the supplier after they have also been confirmed in writing.

b. The supplier reserves the right at any time to refuse an order in whole or in part without giving reasons, without incurring any liability for damages. The provisions of this clause also apply if a customer has previously purchased products from the supplier.

c. Any subsequent additions and/or amendments, as well as any (verbal) commitments made by us or our staff, representatives, agents, or other intermediaries, are only binding if confirmed in writing by an authorized person.

d. For deliveries for which, due to their nature or size, no quotation or order confirmation is sent, the delivery note and/or invoice will also be considered as order confirmation, which is also deemed to correctly and completely reflect the agreement.

Article 4 - Price
a. The prices stated are exclusive of sales tax, transportation costs and any insurance.
b. The prices offered apply only to the quantities offered.
c. Prices in the Timmersgem webshop may differ from the current showroom price. This is because the website is based on a different cost structure. Therefore, differences cannot be compared or offset.
d. Catalog prices are indicative prices; prices in the webshop are binding, except for price changes and obvious typographical errors.

Article 5 - Payment
The prices listed on the website are in euros, excluding VAT and shipping costs. Payment can be made by bank transfer – iDEAL. Timmersgems will ship the item after payment is received. The delivery time begins when Timmersgems receives payment. The minimum order amount is €150, excluding shipping costs. Commerzbank account number: IBAN: DE40 5004 0000 0584 0988 00 (BIC COBADEFFXXX).

b. If the buyer fails to pay on time, they owe interest equal to two percent per month or part thereof, calculated on the outstanding amount, without further notice of default. Any judicial and extrajudicial costs incurred will be borne by the buyer. The extrajudicial collection costs amount to at least 15%, 20% for foreign countries, of the principal amount owed by the buyer, with a minimum of €150,00 (one hundred and fifty euros) above the statutory interest on the invoice amount, calculated from thirty days after the invoice date.

c. If the buyer fails to pay on time, the supplier has the right to suspend further delivery and/or installation until the buyer has fulfilled their payment obligations. If the buyer fails to meet their payment obligations within a written period to be set by the supplier, the supplier also has the right to terminate the agreement in writing, without judicial intervention.

d. Any payment made by the purchaser shall primarily serve to settle any interest owed by the purchaser as well as any collection costs incurred by the supplier.

Article 6 - Retention of title
Goods delivered by the supplier remain the property of the supplier until full payment of its claims by the customer, on the understanding that the customer bears liability and risk for the goods delivered by the supplier from the moment they are available to it. posed.

The buyer is not entitled to sell the goods that have not yet been paid for, to establish any security rights on them or to have these goods processed or to have them processed.

Article 7 - Delivery
a. After receiving your order, you will immediately receive an email confirmation. Once the amount due has been credited to Timmersgems' account, Timmersgems will ship the ordered items within 3 business days.

b. The delivery times specified by the supplier will never be considered final deadlines, unless expressly agreed otherwise. In the event of late delivery, the supplier must therefore be given notice of default if the buyer wishes to cancel the agreement.

c. Exceeding the delivery time does not entitle the purchaser to any compensation of any kind or the right to non-fulfillment of any obligation of the purchaser towards the supplier.

d. If the ordered goods cannot be delivered within this timeframe, Timmersgems will contact you immediately by email. This will happen within a reasonable timeframe, but no later than 7 days after ordering the goods.

Article 8 - Complaints / Acceptance
Any complaints will be dealt with if they are received directly in writing by the supplier within five days of delivery. For hidden defects, complaints must be made within the warranty period.

If complaints are recognized as justified, at the discretion of the supplier, the latter can either repair the defect, replace the article or refund the net invoice amount.

Complaints about invoices must be submitted in writing within five days after the date of dispatch of the invoices.

Timmersgems will refund the purchase price as soon as possible after receiving the returned item. Timmersgems reserves the right to refuse returns or to refund only a portion of the amount paid if there is reason to believe the item has already been used, if the item is damaged as a result of use, or if the goods are not returned in their original packaging.

If the customer has not made a written complaint to the supplier within five days of delivery or the date of dispatch of the invoices, he is deemed to have accepted the delivery or the invoices. In that case, complaints will no longer be handled by the supplier.

Submitting complaints does not release the buyer from the obligations arising from the purchase agreement towards the supplier.

DVDs, CDs, hygiene products, and consumables such as incense and various oils cannot be exchanged or returned. Books can only be returned if there is a misprint or binding error. If your order arrived damaged, please report it to us the same day. If your order is incomplete, please report this WITHIN 2 DAYS.

Discrepancies in item descriptions (such as weights and/or sizes) of the ordered product are never grounds for cancellation. This also applies to the color, as this too may differ from the delivered product, despite the fact that we use a studio or studio photographer who works with natural light.

Returns should be sent to the following address:
Timmersgems BV
Osseweg 48
5351 AE Berghem
The Netherlands

Article 9 - Transport and handling costs
a. The transport of all goods related to the order is at the expense and risk of the buyer, even if otherwise stated in the consignment note. Insurance will be arranged at the buyer's request, if desired.

b. Returns will only be accepted by the supplier if prior permission has been given and if the goods are returned carriage paid.

c. We are entitled to charge a surcharge for handling costs for orders with a low invoice value.

We charge the following shipping costs:

Country	Parcel delivery	Pallet shipment	Pick up
The Netherlands	€ 8,50	€ 85, -	€ 0, -
Belgium	€ 13, -	€ 165, -	€ 0, -
Bulgaria	€ 65, -	€ 245, -	€ 0, -
Denmark	€ 16, -	€ 245, -	€ 0, -
Germany	€ 16, -	€ 265, -	€ 0, -
Estonia	€ 38, -	€ 245, -	€ 0, -
Finland	€ 38, -	€ 245, -	€ 0, -
France	€ 19, -	€ 285, -	€ 0, -
England	€ 38, -	€ 380, -	€ 0, -
Ireland	€ 22, -	€ 285, -	€ 0, -
Italy	€ 26, -	€ 245, -	€ 0, -
Croatia	€ 56, -	€ 245, -	€ 0, -
Lithuania	€ 38, -	€ 245, -	€ 0, -
Austria	€ 19, -	€ 285, -	€ 0, -
Poland	€ 38, -	€ 245, -	€ 0, -
Portugal	€ 38, -	€ 245, -	€ 0, -
Romania	€ 48, -	€ 245, -	€ 0, -
Serbia	€ 56, -	€ 245, -	€ 0.-
Slovenia	€ 48, -	€ 245, -	€ 0, -
Slovakia	€ 48, -	€ 245, -	€ 0, -
Spain	€ 32, -	€ 245, -	€ 0, -
Czech Republic	€ 38, -	€ 245, -	€ 0, -
Switzerland	€ 55, -	€ 245, -	€ 0, -
Sweden	€ 19, -	€ 245, -	€ 0, -

d. Timmersgems charges shipping costs from €8,50 per 31 kilos, and in Belgium from €13 per 31 kilos.
Items with different volume weights may sometimes not fit within the applicable shipping protocol. Pallet shipments are never free.

e. Timmersgems is a wholesaler committed to shipping its goods using reliable and respected carriers. Most of these carriers will deliver your order during business hours from 08:00 AM to 18:00 PM and do not deliver in the evenings. When ordering, we recommend providing an address where someone will be available during the day to receive your order. If you know you will not be home on the delivery day, please provide a different address. Our carrier is DHL, and if you are not home, your package will be delivered to the same address two more times.

f. For Norway the export costs are €29,50

Article 10 - Force majeure
a. If the supplier is unable to perform the order normally due to force majeure, they have the right to perform the agreement at a later date or to declare it dissolved in whole or in part without judicial intervention. Force majeure includes, in any case, improper use of the delivered goods, as determined by the supplier, strikes, excessive absenteeism due to illness of personnel, transport difficulties, fire, government measures, cessation of production by suppliers of, or modifications to, goods to be delivered. In the latter case, the supplier is entitled to deliver the modified goods if, in the supplier's opinion, the modifications represent only minor deviations from the originally delivered goods.

b. In the event of termination as referred to under a., the purchaser is obliged to take possession of the items available under the order and to pay the purchase price pro rata.

c. If the supplier has to incur additional costs for the execution of the order due to force majeure, he has the right to charge these additional costs to the buyer.

Article 11 - Liability
a. Non-delivery, untimely delivery or defective delivery, as well as the non-functioning or malfunctioning of the delivered goods, does not entitle the supplier to compensation and/or termination, insofar as there is force majeure on the supplier's side.

b. The counterparty must indemnify the supplier against all liability that the supplier may have towards third parties with regard to the goods delivered by the supplier. The supplier accepts no liability for recourse claims by the counterparty, in particular by distributors or other resellers of the supplier's products, on any grounds whatsoever and more specifically under product liability.

c. Orders lost during shipping through no fault of Timmersgems will not be replaced or reimbursed. This measure does not apply if the loss is demonstrably attributable to Timmersgems' negligence. If we receive the returned shipment and it turns out that you entered the shipping information incorrectly, we are not responsible and will not reimburse the shipping costs. If you still wish to receive the package, you will be responsible for paying the shipping costs yourself.

Article 11 – Sustainability
Natural products such as gemstones and minerals, wooden objects, etc., may differ from what you see in the photo. After all, no two objects are the same because nature simply provides what it wants. There can always be differences in size, color, and weight. Furthermore, some stones and minerals are artificial and man-made. With some stones and minerals, this is clearly visible, but sometimes it's not even clear to us because stones have been reproduced very convincingly. If you can demonstrate that a stone or mineral is artificial and this wasn't stated in the description when you placed your order, this is, of course, grounds for complaint, and we will work together to find a suitable solution.

Article 12 - Warranty
a. Unless expressly agreed in writing, the supplier provides no guarantees on the delivered goods.

b. If the supplier has provided a warranty, this warranty will lapse if the items to which the warranty relates are not used in accordance with their intended purpose or are used improperly, if the instructions for use have not been observed, if unprofessional repairs have been carried out, if changes have been made, or if numbers or seals have been mutilated or removed.

c. If the supplier has provided a warranty, the warranty period, unless expressly agreed otherwise in writing, is the number of months during which any manufacturer's warranty is provided. However, the warranty period will never exceed six months.

d. The buyer who wishes to invoke any warranty agreed upon in writing must notify the supplier in writing. The buyer must do so within eight days of discovering or reasonably should have discovered the defects. After the buyer submits the complaint, the goods must be left unchanged until the supplier has investigated the complaint.

e. Under a warranty provided by the supplier regarding items located outside the Netherlands, the supplier can only be held liable for the costs of repair or replacement up to a maximum amount that these costs would have amounted to if carried out in the Netherlands.

f. The buyer must inspect the goods delivered by the supplier upon delivery. The buyer is deemed to have received the goods delivered as agreed and in good condition, free of defects, unless the buyer notifies the supplier in writing of any defects within fourteen days of delivery.

g. The purchaser indemnifies the supplier against any liability that the supplier may have towards third parties in relation to the goods supplied by the supplier.

h. Timmersgems guarantees that the delivered items are sound and meet the specifications stated in the offer. Any color discrepancies are an exception. Defects resulting from normal wear and tear or attributable to significant customer negligence are not covered by the warranty.

Article 13 – Copyright
Who owns copyright? In principle, copyright belongs to the creator of a work. However, if the work was created while employed, the copyright belongs to the employer (i.e., Timmersgems). If a work was commissioned, the copyright may, in exceptional cases, belong to the client (i.e., Timmersgems). To obtain copyright, a work does not need to be registered. Nor is it necessary to use the familiar © symbol. The creation of a work automatically creates copyright protection.

Copyright on the internet: Contrary to popular belief, works displayed online are indeed copyrighted. Therefore, permission from the creator is required for this use as well.

What is and isn't allowed with the photos on the timmergems.com website:

• You may NOT use the photos without permission;
• You MAY use the photos after explicit written permission has been given;
• You may ONLY use the photos on your own website and not in other media;
• You may ONLY use the photos to resell products from timmersgems.com;
• You must clearly indicate the source of the photos with a disclaimer. This disclaimer (link to it) must be visible from the front page.

The texts used are partly from wiki sources and partly self-written. It goes without saying that we do not permit the use of our texts for other websites or purposes. This is therefore prohibited.

Article 14 - Dissolution
The supplier has the right, without prejudice to the rights to compensation for costs, damages and interest, to suspend the execution of the order or to declare the agreement dissolved in writing if the buyer:

a. is declared bankrupt, assigns its estate, files a request for (provisional) suspension of payments, or has all or part of its assets seized;
b. dies or is placed under guardianship;
c. fails to comply or fails to comply in a timely manner with any obligation under the law, the agreement or these general terms and conditions;
d. fails to pay an invoice amount or part thereof within the specified period;
e. ceases or transfers its business or a significant part thereof, including the contribution of its business to a company to be established or an existing company, or changes the objectives of its business.

Article 15 - Evidence
In the event of a dispute, the information contained in the supplier's records is decisive, subject to proof to the contrary.

Article 16 – Applicable law
Dutch law applies to all agreements.

This website in its entirety, including its name, design, layout, and text, is protected by copyright. Nothing on this website may be used for other websites and/or for other purposes without the permission of Timmersgems.

Article 16 - Disputes
Disputes arising from deliveries by the supplier that cannot be settled amicably can only be brought before the competent judge of the District Court in 's-Hertogenbosch, insofar as the Subdistrict Court does not have jurisdiction.