General Terms and Conditions Local Heritage
Article 1 – Scope
Under ‘Local Heritage,’ as used in these conditions and on the website, is understood: the sole proprietorship, Local Heritage; legally established in Bunnik, the Netherlands; having its office at the address: Gildenring 31, 3981 JD, Bunnik, the Netherlands; registered in the Chamber of Commerce with registration number: 56636393; VAT number: NL 823799165B01;
These general terms and conditions apply to every conclude distance agreement – for example, an order by the customer (hereinafter: “buyer”) placed at Local Heritage via the website – and delivery between Local Heritage and the buyer. Any reference by the buyer to their own general or purchasing conditions and their applicability is explicitly rejected by Local Heritage.
By placing an order, the buyer accepts being bound by these general terms and conditions and declares that these have been made available to them in a manner that allows them to store and access them for later reference. Furthermore, they declare that they have read and understood the general terms and conditions.
The general terms and conditions can be sent upon request, and the conditions can also be consulted at any time on the aforementioned website.
Article 2 – Formation of the Agreement
1. The agreement is concluded at the moment of receipt by Local Heritage of the acceptance of the offer by the buyer, by placing an order with Local Heritage.
2. Local Heritage reserves the right to accept orders (in part) without stating reasons. The buyer providing (address) details in the context of the agreement guarantees that these are correct, complete, and up-to-date.
3. The buyer has the duty to report immediately to Local Heritage any inaccuracies in the provided or stated payment details.
Article 3 – Prices and Payment
1. The prices mentioned in the product offer are (unless stated otherwise) exclusive of any VAT and in Euros, and are subject to printing and typesetting errors. The prices include shipping costs, which are separately disclosed with the products.
2. The prices mentioned in the preceding clause will not be increased by Local Heritage after the conclusion of the agreement, unless legal measures make this necessary or if the manufacturer/(sub)supplier implements interim price increases. In such cases, the buyer is entitled to terminate the agreement by a written declaration to Local Heritage.
3. Payment can be made through bank transfer, on account, and iDeal payment, under the specified conditions.
Article 4 – Images and Specifications
All images of products, as well as associated specifications, sizes, and data presented in the catalog and on the website of Local Heritage, are only approximate. The product ultimately delivered to the buyer may deviate to some extent in terms of color, dimensions, etc., from these images or specifications. This does not imply that the product does not conform to the agreement.
Article 5 – Delivery
1. Local Heritage will exercise the utmost care in receiving and fulfilling orders. The delivery times specified for this purpose are indicative. The buyer cannot derive any rights from these indications, and they are not binding.
2. The address provided by the buyer to Local Heritage is considered the place of delivery.
3. Local Heritage is entitled to deliver in parts (partial deliveries), which can be invoiced separately.
4. Local Heritage will execute accepted orders promptly after the conclusion of the agreement, but no later than within 30 days. If delivery is delayed beyond these 30 days, the buyer will be notified as soon as Local Heritage becomes aware of this. Local Heritage is in default if the buyer has given notice of default through a reminder, granting Local Heritage a reasonable period to deliver, and if delivery still fails. In that case, the buyer has the right to terminate the agreement (in part) without costs. An alternative delivery time can be agreed upon, or another product can be agreed to be delivered.
5. If an order cannot be executed or only partially executed, the buyer will be notified as soon as Local Heritage becomes aware of this. In that case, the buyer has the right to terminate the agreement (in part) without costs.
6. The risk of damage or loss of the products lies with Local Heritage until the moment of delivery to the buyer, unless expressly agreed otherwise. The burden of proof that a product is damaged or missing upon delivery lies with the buyer.
Article 6 – Cooling-Off Period or Right of Withdrawal
1. The buyer has the right to terminate the agreement without providing any reason within 7 days after the product has been received by the buyer or a third party designated by the buyer (other than the carrier). This period starts on the day after the product, or in the case of partial delivery, after all products/components of the order have been received by or on behalf of the buyer.
2. To exercise the right of withdrawal, the buyer must inform Local Heritage of their decision through an unequivocal statement (e.g., in writing by post, fax, or email).
3. The buyer must then return the products as soon as possible, but no later than 3 days after the statement mentioned in paragraph 2 has been made, in the manner indicated by Local Heritage.
4. The return of the products must be made by post in the original packaging (including accessories and accompanying documentation), with the original or similar protective material, and in the condition in which the buyer received them, i.e., undamaged and in their original state. The direct costs of returning the products are borne by the buyer.
5. During the cooling-off period, the buyer must handle the products and packaging carefully. The buyer may only unpack or use the products to the extent necessary to assess whether they wish to keep the product. The buyer is only liable for the depreciation of the products resulting from the use beyond what is necessary to determine the nature, characteristics, and functioning of the products.
6. After a successful withdrawal, Local Heritage will refund the purchase amount paid by the buyer (including initial delivery costs) within 14 days from the day of receipt of the statement mentioned in paragraph 2. Local Heritage may wait with the refund until it has received all the products back or until the buyer has proven that they have returned the products, whichever occurs first.
7. If the buyer has chosen a more expensive method of initial delivery than the cheapest standard delivery, Local Heritage is not obligated to refund the additional costs for the more expensive method. The right of withdrawal does not apply to agreements related to:
A. the delivery of products made according to the individual specifications of the buyer or clearly intended for a specific person (‘custom-made’ products); and/or
B. the delivery of sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery.
Article 7 – Retention of Ownership
If applicable, Local Heritage reserves the right of ownership of all products delivered by Local Heritage until the moment of full payment of the price of all products delivered or yet to be delivered by Local Heritage to the buyer (including any due interest and/or costs), under the relevant agreement or previous or subsequent similar agreements.
Article 8 – Warranty and Conformity
1. Local Heritage guarantees that the products delivered by them comply with the legal requirements of usability, reliability, and lifespan as reasonably intended by the parties to the agreement.
2. To the extent possible, the buyer is obligated to immediately (have) check(ed) the delivered product(s) upon receipt. If it appears that the delivered product is incorrect, defective, or incomplete, the buyer must report these defects to Local Heritage as soon as possible after discovery (before returning) via the method indicated on the website. Any defects or incorrectly delivered products must be reported to Local Heritage within 7 days of delivery. Any return of products must be made by registered mail in the original packaging (including accessories and accompanying documentation), in the condition in which the buyer received them, and in the manner indicated by Local Heritage.
3. If it turns out that the delivered product(s) do not comply with the agreement, Local Heritage will replace or repair the delivered product(s) free of charge or make a written arrangement with the buyer regarding compensation.
4. The buyer cannot invoke the warranty referred to in paragraph 1 if the delivered product(s) have been exposed to abnormal conditions, if the buyer has not taken care of them as a careful debtor, or if these products have been treated contrary to the instructions of Local Heritage and/or the user manual, or if the buyer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties.
Article 9 – Liability
1. Any liability of Local Heritage for damages is excluded, including but not limited to additional compensation in any form, compensation for indirect or consequential damage, or damage due to lost profits, all except in the case of intent or conscious recklessness on the part of Local Heritage.
2. Local Heritage is not liable for errors and/or omissions on the part of its (sub)suppliers or auxiliary persons.
3. If, for any reason beyond the control of Local Heritage, the buyer cannot or could not accept a product because the requirements of article 2 paragraph 3 have not been met, Local Heritage is not liable for the resulting damage, and it is not obligated to deliver a replacement product.
4. The liability of Local Heritage and thus the amount of compensation is always limited to the invoice amount of the relevant products, or (at the choice of Local Heritage) to the maximum amount paid out by Local Heritage’s liability insurance in the relevant case.
5. The provisions of this article do not affect the statutory liability of Local Heritage under mandatory legal provisions.
Article 10 – Complaints Procedure
1. Complaints about the execution of the agreement must be reported to Local Heritage within a reasonable time, fully and clearly described, via info@thehollandheritage.com, after the buyer has discovered the defects.
2. Complaints submitted to Local Heritage will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Local Heritage will respond within this period with an acknowledgment of receipt and an indication of when the buyer can expect a more detailed answer.
3. We recommend that you first make your complaints known to us by emailing info@thehollandheritage.com. If this does not lead to a solution, it is possible to submit your dispute for mediation and the option to file complaints through the Online Dispute Resolution (ODR) platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already being handled elsewhere, you are free to deposit your complaint via the platform of the European Union.
Article 11 – Other Provisions
1. If a provision of these terms is declared void or unenforceable, the other provisions shall remain in force, and an alternative provision shall be agreed upon through mutual consultation, as closely resembling the old provision as possible.
2. The Vienna Sales Convention is not applicable.
3. Dutch law exclusively applies to all agreements between Local Heritage and the buyer to which these terms apply, with the exception of the provisions of private international law regarding the applicable law. The competent court is exclusively authorized to adjudicate disputes between Local Heritage and the buyer unless Local Heritage prefers to submit the dispute to the competent court of the buyer’s domicile.
Local Heritage. 2023