General terms and conditions

Timmersgems BV is a wholesaler. Different rules apply to a wholesaler than to a webshop for consumers. For example, we do not have a cooling-off period or right of withdrawal, so you cannot return products. Timmersgems BV is not subject to the Consumers' Act of 2014. Please read the general terms and conditions below carefully before ordering.

General Terms and Conditions of Delivery of Timmersgems BV, Established and having its registered office in Berghem.
These conditions apply to the online shop.

Article 1 – General
For the purposes of these general terms and conditions, the following is understood to mean:

• 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. Deviations from the applicability of these general terms and conditions, and of the general terms and conditions themselves, are only possible in writing. They apply to the exclusion of all general terms and conditions appearing on documents issued by the customer insofar as the latter conflict with the former.

Article 3 – Quotations and offers
a. All quotations are without obligation. The supplier is bound only after an order has been accepted by him in writing or after he has commenced delivery and/or execution. Deviations from a written confirmation of an order 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 stated prices are exclusive of VAT, transport costs, and any insurance.
b. The offered prices apply only to the offered quantities.
c. Prices in the Timmersgems webshop may differ from the applicable showroom price. This is because the website is based on a different cost structure. Consequently, differences cannot be compared or offset.
d. Catalogue prices are guide prices; the prices in the webshop are binding, with the exception of price changes and obvious typographical errors.

Article 5 – Payment
The prices stated on the website are in Euros, excluding VAT and shipping costs. Payment can be made by bank transfer – iDEAL. Timmersgems will deliver the item after payment has been received. The delivery time commences at the moment Timmersgems has received the payment. The minimum order amount is 150 euros 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 shall remain the property of the Supplier until the moment of full payment of its claims by the Purchaser, provided that the Purchaser bears liability and risk for the goods delivered by the Supplier from the moment they are made available to it.

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

Article 7 – Delivery
a. Upon receipt of the order, you will immediately receive an order confirmation by e-mail. As soon as the amount due has been credited to Timmersgems’ account, Timmersgems will ship the ordered items within 3 working 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 processed if they are received directly in writing by the supplier within five days of delivery. In the case of hidden defects, the complaint must be made within the warranty period.

If complaints are found to be justified, at the supplier's discretion, the supplier may either repair the defect, replace the item or refund the net invoice amount.

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

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 buyer does not submit a written complaint to the supplier within five days of delivery or the invoice date, they are deemed to have accepted the delivery or invoices. Complaints will then no longer be considered by the supplier.

Submitting a complaint does not release the purchaser from his or her obligations under 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 shall be for the account and risk of the purchaser, even if stated otherwise in the bill of lading. Insurance shall be arranged upon request of the purchaser, 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	To take off
The Netherlands	€ 9,50	€ 95,-	€ 0,-
Belgium	€ 16,-	€ 165,-	€ 0,-
Bulgaria	€ 65,-	€ 245,-	€ 0,-
Denmark	€ 35,-	€ 245,-	€ 0,-
Germany	€ 16,-	€ 265,-	€ 0,-
Estonia	€ 38,-	€ 245,-	€ 0,-
Finland	€ 48,-	€ 245,-	€ 0,-
France	€ 26,-	€ 285,-	€ 0,-
England	€ 38,-	€ 380,-	€ 0,-
Ireland	€ 85,-	€ 285,-	€ 0,-
Italy	€ 36,-	€ 245,-	€ 0,-
Croatia	€ 56,-	€ 245,-	€ 0,-
Lithuania	€ 38,-	€ 245,-	€ 0,-
Austria	€ 26,-	€ 285,-	€ 0,-
Poland	€ 28,-	€ 245,-	€ 0,-
Portugal	€ 38,-	€ 245,-	€ 0,-
Romania	€ 26,-	€ 245,-	€ 0,-
Serbia	€ 36,-	€ 245,-	€ 0.-
Slovenia	€ 36,-	€ 245,-	€ 0,-
Slovakia	€ 36,-	€ 245,-	€ 0,-
Spain	€ 32,-	€ 245,-	€ 0,-
Czech Republic	€ 26,-	€ 245,-	€ 0,-
Switzerland	€ 55,-	€ 245,-	€ 0,-
Sweden	€ 36,-	€ 245,-	€ 0,-

d. Timmersgems charges shipping costs starting from €8.50 per 31 kilos, and in Belgium from €13.00 per 31 kilos.
Items deviating in volumetric weight may sometimes not fit within the applicable shipping cost protocol. Pallet shipments are never shipped free of charge.

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 8:00 AM to 6:00 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 execute the order normally due to force majeure, he has the right to execute the agreement at a later date or to declare it dissolved in whole or in part without judicial intervention. Force majeure shall in any event include: improper use of the delivered goods, at the discretion of the Supplier; strikes; excessive absenteeism of personnel; transport difficulties; fire; government measures; cessation of production by suppliers of, or modifications made to, the 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 constitute only minor deviations from the originally offered 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, late delivery, or defective delivery, as well as the failure or improper functioning of the delivered goods, shall not entitle the customer to compensation and/or dissolution, insofar as there is a case of force majeure on the part of the supplier.

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 exactly alike, as nature simply provides what it desires. There may always be differences in size, color, and weight. Furthermore, it occurs that some stones and minerals are artificial and have been created by human hands. With some stones and minerals, this is very clearly visible, but sometimes it is not even clear to us, as stones are sometimes reproduced in a very convincing manner. If you can demonstrate that a stone or mineral is artificial and this was not stated in the description at the time of placing an order, this is naturally grounds for a complaint, and we will work together to find a suitable solution.

Article 12 – Warranty
a. Unless expressly agreed in writing, the supplier provides no warranty whatsoever 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 – Authorship Rights
Who owns copyright? In principle, copyright belongs to the creator of a work. However, if the work was created in the course of employment, the right lies with the employer, i.e., Timmersgems. If a work was created on commission, the copyright may, in exceptional cases, lie with the client, i.e., Timmersgems. To obtain copyright, a work does not need to be registered. Nor is it necessary to use the well-known symbol ©. Copyright protection arises automatically with the creation of a work.

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 – Termination
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 terminated in writing, in the event that the customer:

a. is declared bankrupt, enters into a deed of assignment, files a request for (provisional) suspension of payments, or if an attachment is placed on all or part of its assets;
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 stipulated period;
e. proceeds to cease or transfer its business or a substantial part thereof, including the contribution of its business to a company to be established or already existing, or proceeds to make changes to the objective of its business.

Article 15 – Evidence
In the event of a dispute, the data contained in the supplier's records shall be decisive, subject to proof to the contrary.

Article 16 – Applicable law
All agreements are governed by Dutch law.

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 may only be brought before the competent court of the District Court in 's-Hertogenbosch, insofar as the Sub-district Court is not competent.