GENERAL
TERMS AND CONDITIONS
In these general terms and conditions of sale and delivery, the following definitions apply: Iconaxa Interior
Seat at
Berghemweg 33A
5975 RJ Sevenum
Netherlands
HRB: 156576
VAT number: 2428960
Telephone: +31 (0) 77 23 40 007
Email: info@Iconaxa.com
Agreement: Any agreement between Iconaxa Interior and the Buyer, including but not limited to: the Agreement for the Supply of Goods and any change or addition thereto. A contract is only formed after Iconaxa Interior has confirmed it in writing to the buyer or because Iconaxa Interior is executing the contract. Buyer: Anyone contracting with Iconaxa Interior for the supply of Goods.
§ 1 General provisions and scope
1. The following provisions of these general terms and conditions apply to all business transactions between the seller Iconaxa Interior and the customer.
2. In the case of a permanent business relationship between Iconaxa Interior and the customer these general terms and conditions also apply to all future ones deliveries and services.
3. These general terms and conditions apply exclusively towards entrepreneurs within the meaning of §§ 14, 310 paragraph 1 BGB, hereinafter also customers called.
4. The customer’s terms and conditions (if any) will only as far as part of the contract, as its content with the present General Conditions or insofar as Iconaxa Interior expressly and in Written form of their application has agreed.
5. Additional or deviating agreements to these delivery and Terms of payment between the seller and the customer for execution of a contract are made in writing in the contract. This also applies to the cancellation of this written form requirement.
6. Rights that the seller has under the statutory provisions on the delivery and terms of payment remain untouched.
7. The general terms and conditions will be stated when the offer is submitted emailed to the customer by Iconaxa Interior. Valid upon receipt of order these are considered accepted by the customer and no separate approval is required for them their validity.
8. The general terms and conditions can be changed at any time as well as subsequently be supplemented and modified by Iconaxa Interior.
§ 2 Conclusion of contract
1. Offers are non-binding.
2. Illustrations, drawings, information on weight, dimensions, performance and consumption as well as other descriptions of the products from the items belonging to the offer the documents are only approximately authoritative, unless they are expressly are binding. They constitute no agreement or guarantee of any kind corresponding nature of the products.
3. The seller retains all ownership rights to all offer documents and copyrights. Such documents may not be made accessible to third parties. Should this nevertheless be the case, legal consequences must be expected.
4. The information given in catalogues, drawings, illustrations, dimensions and weights are non-binding in the sense that minor Deviations – of course at Iconaxa Interior discretion – shall not be grounds for rejection of the goods delivered by Iconaxa Interior, except in cases in which which Iconaxa Interior expressly confirms in writing that the goods have certain specifications and/or properties.
5. Leather and wood is and remains a natural product. If we show or provide you with a sample or photo, we do so for reference only. That The material, color or exact dimensions or manufacturing process of the product may vary from the sample or image at any time.
6. An order only becomes binding when the seller receives proof of payment for the agreed deposit or the full purchase amount on the Account of the company Iconaxa Interior is available. Only then can the goods be reserved for the customer. Payment must be in the bank account of. within 7 days Enter Iconaxa Interior. As soon as we have received proof of payment and the goods are considered reserved, the customer has no option to withdraw from the order. Otherwise the customer has to pay 70% of the total order value to Iconaxa Interior. This also applies if the money has not arrived in Iconaxa Interior bank account after 7 days.
7. If the buyer does not meet a contractual obligation, the buyer is also obliged to pay the collection costs incurred, including Attorney’s fees as well as the costs for internal and external legal advice in the amount of at least 25%. of the outstanding amount, without that Iconaxa Interior must prove this minimum amount.
8. Payments made by the buyer are always intended to settle all interest and costs owed and then those that are longest due and due Invoices, even if the buyer indicates that the payment relates to a later invoice.
9. Iconaxa Interior is entitled to refuse to conclude a contract with the customer.
10. The subject of a possible contract can only be the delivery of goods specified in an offer, in price lists or similar written documents from Order units specified by Iconaxa Interior.
11. Iconaxa Interior will make all reasonable efforts to meet its delivery obligation.
§ 3 Prices, Terms of Payment & Interest
1. All payments by Buyer shall be made within the agreed payment period without any deduction and/or offsetting and/or suspension of any payment made by Buyer bank account to be named in favor of Iconaxa Interior.
2. Iconaxa Interior is entitled at any time to demand partial or full advance payment of the purchase price or other security for the payment of the purchase price before the start or continuation of the execution of the contract.
3. The prices specified by Iconaxa Interior in the current price lists at the time the order is placed shall apply. Prices may vary daily. If the payment does not reach Iconaxa Interior account within 7 days, Iconaxa Interior can cancel the order without reservation.
4. Unless otherwise agreed, all prices are quoted in EURO and do not include (21%) sales tax. This will be additional and in the amount of the respective legally valid standard set.
5. For deliveries to countries outside the Netherlands, additional costs may arise in individual cases for which the seller is not responsible and which the customer is responsible for are wearing. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can be incurred in relation to the transfer of money even if the delivery is not to a country takes place outside the European Union, but the customer makes the payment from a country outside the European Union.
6. Unless otherwise agreed, all prices apply to deliveries within Germany and to collection/deliveries outside of Germany. free carrier (FCA). In the case of FCA, all taxes, levies, duties and government fees such as export, transit and import fees, insurance fees and other permits are included to be borne by the customer.
7. Unless otherwise agreed, deliveries are subject to prepayment.
8. The sales prices indicated by Iconaxa Interior are exclusive of sales tax (VAT) and other government levies (import, customs and handling costs), unless otherwise expressly agreed in writing.
9. Iconaxa Interior is entitled to increase the price of cost-determining factors that occur after conclusion of the contract, but before delivery, has occurred to the buyer.
10. The goods to be delivered by Iconaxa Interior are only decisive by type and brand. If any packaging, finish, design and/or type has been changed, Iconaxa Interior is released by delivering the goods that have been changed in this respect at the agreed price.
11. All invoices or offers from Iconaxa Interior are non-binding. The invoice loses its validity if the deposit is not received within 7 days of the invoice or offer has been credited to Iconaxa Interior account.
a) From the relevant point in time default interest of 8% charge above the base interest rate and/or
b) to require checkout and/or
c) suspend deliveries and/or
d) Further claims for damages apply
12. All offers and/or cost estimates are subject to change and non-binding unless it is expressly stated in writing that the offer is irrevocable.
13. In addition, the material price may vary. A definitive contract is therefore only concluded when we have confirmed your order in writing and you have returned this confirmation with your signature and company stamp by post, fax or e-mail.
14. It sometimes turns out, especially with special woods and leathers, that our purchasing costs are significantly higher than expected. For this reason, offers are only valid for 7 days and offers only apply to the current order and not to future orders.
15. Failure to settle the proforma invoice related to the prepayment within the agreed date will result in a price change or cancellation of the order.
16. In the case of standing orders, it may happen that our purchase price is more than 15% higher than we determined on the basis of the order confirmation due to price increases at our suppliers in the meantime. In such cases, we may increase the price in your order confirmation by the same percentage. We will of course inform you immediately and then give you the choice of accepting this price increase or canceling the purchase for the products that have not yet been delivered.
17. Finally, we are not bound by any offer or confirmation if the buyer can reasonably see that the order or offer contains an obvious error or typographical error.
18. Iconaxa Interior is entitled to use third parties to fulfill your order(s).
19. Unless otherwise agreed, all invoices are due in full immediately upon receipt and payable to our bank account.
20. Failure to pay the deposit within the specified period will result in a change or cancellation of the order and we will unfortunately charge you for the costs we incurred in connection with the cancellation.
21. If the customer is in default of payment, Iconaxa Interior is entitled:
22. Iconaxa Interior has the right to demand advance payment and/or immediate payment when the goods are first handed over to the buyer who has not paid on time or who can no longer be insured with a credit insurer, without prejudice to his other rights under these conditions and/or the law Buyer (Cash on Delivery) for all current contracts between Iconaxa Interior and the buyer. In this case, the buyer is also obliged, at Iconaxa Interior first request, to cooperate in pledging in favor of Iconaxa Interior all current and future inventories, trade receivables, inventories and
business assets of the buyer, which serve as security for the payment of all claims that Iconaxa Interior has or will acquire against the buyer for whatever reason. If the buyer refuses to comply with this security, Iconaxa Interior is entitled to dissolve the contract in question, in whole or in part, by written declaration, whereby Iconaxa Interior acquires the right to a lump-sum compensation equal to 35% of the turnover concerned in the agreement.
23. Claims that Iconaxa Interior has against the buyer are not liable in rem unless Iconaxa Interior has expressly consented to the pledging in writing.
24. If a payment period is exceeded, the buyer is in default without notice of default and owes interest at a rate of 8% per month or part thereof on the amount due, also agreed in the case of a postponement of payment.
25. Objections to the invoice amount do not suspend the payment obligation.
26. If the customer’s default in payment continues and he is unable to meet his financial obligations, the customer shall bear all reasonable costs Costs incurred in obtaining payment, in particular judicial and extrajudicial costs.
§ 4 Delivery and performance
1. Details such as dimensions, weights, parameters for use, loading and other capacities, tolerances, technical data and similar information contained in contained in the product description valid at the time the contract was concluded are only reference values, unless the usability for the contractually intended purpose requires an exact match. Customary deviations, deviations as a result of legal regulations or deviations that relate to technical improvements, as well as the replacement of (individual) parts with equivalent parts are permitted, as long as the corresponding deviation or replacement does not affect the usability of the goods for the contractually intended purpose.
2. You are obligated to take delivery of the products you have purchased at the time of delivery to you or at the time of the contract making them available to you to decrease.
3. At that time, the risk of loss, theft or damage to the products also passes to you. If you organize the transport yourself, then this happens from the moment they are in the warehouse or warehouse be loaded.
4. If you refuse delivery or fail to provide the information or instructions required for delivery, we may charge you for the costs incurred as a result.
5. For delivery within the Netherlands, an amount of 17 (€) euros per item excluding VAT is charged for most models.
6. For deliveries within Germany, an amount of 18 (€) euros per item without VAT will be charged.
7. For deliveries outside the Netherlands and Germany, the price is calculated based on the destination.
8. If your company is in liquidation, suspension of payments or bankruptcy, all of our claims are due immediately.
9. The delivery takes place at the Iconaxa Interior warehouse in Sevenum or Helferskirchen in Germany, unless the parties have expressly agreed in writing on another type of shipping. From the moment the goods leave the warehouse, they are at the expense and risk of the buyer.
10. Goods that are not delivered from the warehouse in Sevenum or Helferskirchen are at the expense and risk of the buyer from the time the goods leave the factory, unless otherwise expressly agreed in writing.
11. The above provisions also apply if the transport is carried out by or on behalf of Iconaxa Interior.
12. Unless otherwise agreed, the delivery period (if it has been arranged in the form of a period and not in the form of a date) begins at the time of receipt of the agreed deposit or advance payment of the purchase price. It is deemed to have been met if the goods have left Iconaxa Interior by the end of the period or if Iconaxa Interior has informed that the goods are ready for dispatch. Adherence to the delivery times is subject to the correct and timely receipt of deliveries by Iconaxa Interior itself.
13. Unless otherwise agreed, Iconaxa Interior will choose the packaging and shipping method at its own discretion.
14. Unless otherwise agreed, for customers Iconaxa Interior delivers free carrier to the agreed upon carrier (FCA)
15. The goods themselves and the deliveries are generally not insured by Iconaxa Interior. The customer has the option of additionally insuring the delivery at his own expense or instructing Iconaxa Interior to do so for a fixed payment. We use a third party for the insurance policy or convey this to our customers.
16. The risk passes to the customer when the goods are handed over to the third party commissioned with the transport. This also applies if a “carriage paid” delivery has been agreed. In the case of delays in shipping, for which the customer is responsible, the risk passes with the selection of the goods to be delivered and Notification of readiness for dispatch to the customer. Return rights that Iconaxa Interior has voluntarily granted to the customer remain unaffected by this provision.
17. The delivery time or execution period is approximately determined by Iconaxa Interior. When determining the delivery time and/or the differentiated conditions, Iconaxa Interior assumes the circumstances known to it at that time. Stated delivery times can never be considered as deadlines and do not entitle in any way way to compensation.
18. As we are dependent on a factory and material supplier, delivery times are given for information only. Therefore, they cannot be interpreted as precise delivery times. If the indicative delivery time of 8 to 14 weeks is exceeded, we will contact you as soon as possible.
19. In the event of a delay in delivery that is due to circumstances for which the customer is solely or predominantly responsible or neither the customer nor Iconaxa Interior are responsible, the period will be extended by the period corresponding to the duration of the circumstance in question, plus a reasonable start-up time. The customer will be informed immediately. Iconaxa Interior can make partial deliveries to a reasonable extent.
20. In the event of late delivery, Iconaxa Interior shall only be in default after written notice of default by the buyer, with a further reasonable delivery period of at least 90 days. In the event of late delivery, the buyer is fully obliged to accept the goods.
21. Iconaxa Interior will not be responsible for any delay in the production or delivery of any Products beyond Iconaxa Interior control (see Article 15 Force majeure). The customer cannot cancel the order under these circumstances.
22. You cannot deduct or settle alleged discounts or credits yourself from the invoice amount. You should also not suspend payment because you feel that another delivery does not meet your expectations.
23. If default occurs after notice of default, Iconaxa Interior will advise the buyer on the fulfillment or termination of the contract. The buyer cannot claim any compensation, unless this has been expressly agreed in writing between the parties.
§ 5 Retention of title
1. Iconaxa Interior shall remain the owner of the goods until all of its financial claims against the customer (including any balance claims on expiring invoices) arising
from the business relationship, including future claims, including under contracts entered into at the same time or at a later date, have been satisfied.
2. If the customer does not pay the remuneration in full, Iconaxa Interior has the right, after an additional period of 7 days to fulfill the obligations, to withdraw from the contract and to demand the delivery of the reserved goods. If payment is not made within 7 days of receipt of the goods, Iconaxa Interior has the right to charge default interest of 3%. If payment of the full business order is not received within 24 days, Iconaxa Interior reserves the right to take legal action. In addition, Iconaxa Interior can withhold a deposit made.
3. If a third party has a claim to reserved goods, the customer shall inform the third party of Iconaxa Interior retention of title and notify Iconaxa Interior immediately. The customer bears all costs necessary for the cancellation of the claims of the third party and the recovery of the goods subject to retention of title. The customer is not entitled to pledge the reserved goods or to transfer them as security.
4. The customer is obliged to treat the reserved goods with due care and not to resell them. If this does not happen, Iconaxa Interior has the possibility to assert claims of any kind.
5. The buyer is obliged to store the goods delivered under retention of title carefully and as recognizable property of Iconaxa Interior and to insure them adequately against theft and damage.
6. If the buyer does not meet his payment obligations towards Iconaxa Interior or if Iconaxa Interior has good reason to fear that he will not meet these obligations, Iconaxa Interior is entitled to take back the goods delivered under retention of title immediately. For this purpose, the buyer irrevocably grants Iconaxa Interior access authorization to the premises in which the delivered goods are located.
7. After the return, the buyer will be credited with the market value, up to a maximum of the original purchase price, minus the costs that Iconaxa Interior incurred as a result of the return.
8. All products delivered by us remain our property until you have paid all outstanding invoices. Also for other products. As long as the products are subject to retention of title, you may not use, rent or sell these products. You have no right to pledge or establish any other right to the Products.
§ 6 Obligation to examine
1. The customer or a transport company who accepts the goods for the customer must check them immediately upon receipt and all at this. inspection of recognizable defects immediately and documented in writing (“obvious defects”).
2. The customer must inspect the goods for defects that are not recognizable as part of a proper inspection in accordance with Section (1) above (defects that are “non-obvious”/”hidden” defects) and to report such defects immediately after they are discovered , but no later than 2 days after receipt of the products, in writing.
3. The customer is obliged to take all reasonable and appropriate measures to prevent further damage to the defective goods.
§ 7 Defects and liability
1. Iconaxa Interior will remedy identified quality and legal defects, which exclusively and demonstrably arose during transport to the Iconaxa Interior warehouse, within a reasonable period of time (“subsequent performance”) insofar as the customer has commissioned Iconaxa Interior to take out appropriate transport insurance for the deliveries. In the case of a minor defect, there is no right of withdrawal.
2. If the customer has not taken out insurance for the goods or deliveries or has commissioned Iconaxa Interior to do so, Iconaxa Interior is not liable for defects and the rectification of them. Liability for defects only exists for deliveries if the customer has taken out insurance or if the customer has commissioned Iconaxa Interior to do so.
3. During shipping or delivery, we do not provide any guarantee if the products are damaged or become damaged. We do not guarantee the accuracy of the goods as we use a third party company. The customer has the possibility to take out insurance for the correctness of the goods. The costs for this must be borne by the customer.
4. Iconaxa Interior is not liable if the customer modifies the goods or has them modified by a third party without the prior consent of Iconaxa Interior.
5. In addition, Iconaxa Interior is not liable for quality defects that are due to normal wear and tear, external influences or improper use appear.
6. Since the Iconaxa Interior company does not produce any goods itself, but purchases them from third parties, we check our goods very carefully to ensure that they are correct before we send them to our customers in order to ensure maximum quality standards.
7. Iconaxa Interior is not liable for damages of any kind that are based on incorrect and/or incomplete information provided by the customer.
8. Iconaxa Interior cannot be held liable for any damage caused by third parties (e.g. suppliers or other service providers) to the products that are due to improper use or to the use of products and the like.
9. The customer shall make all necessary efforts or cause such efforts to be made without delay in order to limit the damage and its effects to a minimum or to avoid them completely.
10. Any further claims for damages based on direct and indirect, incidental or consequential damages, particularly in relation to lost Profit, lost opportunity and attorneys’ fees are expressly stated excluded.
11. The above exclusions and limitations of liability apply equally to legal entities, legal representatives and employees of Iconaxa Interior, as well as to natural persons who Iconaxa Interior commissions to fulfill its obligations.
12. Iconaxa Interior shall not be liable for loss, delay or damage to goods in transit unless insurance has been taken out by the customer or Iconaxa Interior was commissioned to do this. The ordered products are packed with the utmost care. Shipping is always at the risk of the customer. This also applies to deliveries where an additional fee has been chosen for express shipping, for a fee of your choice for insured shipping, this must be stated on the invoice.
13. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of the employees, employees, representatives and vicarious agents of the seller.
14. Iconaxa Interior is only liable for damage suffered by the buyer as a result of Iconaxa Interior willful intent or negligence. Iconaxa Interior is not liable for any other damages, in whatever form.
15. In no event shall Iconaxa Interior be liable for consequential damages, including damages due to business interruption and/or lost profits, obligated.
16. Claims for damages shall lapse if not reported in writing to Iconaxa Interior within 48 hours after Buyer became aware or reasonably could have become aware.
17. Iconaxa Interior liability is limited to the turnover related to the delivery.
18. Contrary to the above, if Iconaxa Interior is insured for the damage in question, its liability is limited to the amount paid out to it under that insurance.
19. Of course, we are liable for damage that we can assess unexpectedly. This must of course be proportionate to our risks and the margins we achieve. Our liability is therefore in any case limited to the invoice value of the goods delivered by us. About that In addition, we will not be liable for any consequential loss, such as loss of profit because you are unable to resell our product or because you have to buy more expensive somewhere else. And of course we are not liable for damage caused by force majeure.
§ 8 Cancellation and Return
1. A return of goods is not possible for customers, here in particular corporate customers iSd §§ 14, 310 Abs.1 BGB.
2. Custom made products cannot be cancelled. In case of cancellation, a compensation of 70% of the total order value excluding VAT will be charged.
3. If, after the conclusion of a contract, the buyer wishes to revoke or change it, Iconaxa Interior is only bound by this cancellation and/or change if he has expressly agreed to this in writing.
4. Buyer must notify Iconaxa Interior in writing of the cancellation or modification.
5. In the event of cancellation or modification, the buyer is obliged to compensate Iconaxa Interior for all costs and/or damages resulting therefrom, including but not limited to: transport and manufacturing costs, administration costs and/or lost profits.
6. The Buyer can no longer rely on the fact that what has been delivered does not conform to what was agreed (non-conformity) if he has not informed Iconaxa Interior of this in writing within 48 hours of delivery of the goods.
7. Minor deviations in quality, quantity, dimensions, colors and/or design, which are considered customary in the trade or are technically unavoidable or difficult to avoid, cannot constitute a reason for a deviation.
8. A return of the delivered goods due to non-conformity is only possible after an express written agreement between the parties.
9. Iconaxa Interior only supplies and offers goods for commercial customers and freelancers. There is no sale to private customers within the meaning of § 13 BGB. There is no right of withdrawal or return for contracts between merchants. By submitting your order, you confirm that you are a trader.
§ 9 Offsetting/ Retention/ Assignment
1. Iconaxa Interior can assert the statutory offsetting and right of retention.
2. With regard to his own claims, the customer can only offset or assert a right of retention to the extent that his claims have been conclusively determined by a declaratory judgment or otherwise, are undisputed or have been recognized.
3. The customer cannot assign any claims against Iconaxa Interior.
§ 10 Intellectual property
1. Customer agrees and acknowledges that all brand names, trademarks, patents, copyrights, trade secrets and other intellectual property relating to or connected with the Products (“Intellectual Property”), regardless of the country of incorporation, belongs to and is wholly owned by Iconaxa Interior. Customer shall not attempt to patent, register or misappropriate any Iconaxa Interior intellectual property in the Territory or elsewhere. Furthermore, the customer supports Iconaxa Interior in protecting and registering or extending the protection of its intellectual property in the Territory and will notify Iconaxa Interior of any infringement or threatened infringement of intellectual property.
2. If Iconaxa Interior customer attempts to order goods directly from our supplier without our permission or knowledge, whether directly or indirectly through a third party, Iconaxa Interior will be subject to a penalty of 70% of the profit made.
3. All intellectual property rights, including copyrights in designs, drawings, packaging, samples and photographs, regardless of the origin of the products supplied by Iconaxa Interior, remain with Iconaxa Interior. The buyer is expressly prohibited from copying drafts and/or having them produced in any other way by third parties. If this is determined, Iconaxa Interior will receive an immediately due and payable claim of €800,000 thousand per settlement against the buyer.
4. Iconaxa Interior reserves the right to brand all of its products with its own logo. No separate consent from the customer is required. Should the customer If you do not want this, this must be communicated in writing.
5. Iconaxa Interior declares that, to the best of its knowledge and belief, the delivered goods do not infringe any applicable intellectual property rights of third parties. However, Iconaxa Interior cannot indemnify the buyer for infringements of property rights of third parties.
6. Iconaxa Interior is entitled to take back the goods it has delivered from the buyer if it turns out that the intellectual property of third parties has been infringed. Iconaxa Interior will send the buyer a credit invoice for the returned goods. Taking back the goods does not entitle the buyer to compensation.
7. Buyer may use the Imagery made available by Iconaxa Interior on its website in support of the Iconaxa Interior brand. Use for other purposes or in any other way is only permitted with the express written consent of Iconaxa Interior.
§ 11 Indemnification
1. Customer will defend and hold Iconaxa Interior harmless from any and all claims, demands, causes of action, costs and expenses that it may have with respect to any alleged breach, negligence, error, oversight or omission on the part of Customer or any employee or representative of the customer against Iconaxa Interior or arise.
§ 12 Processing of personal data
1. For the processing of those personal data that takes place in connection with our own business activities, is in each case exclusively Iconaxa Interior or the customer is responsible within the meaning of Art. 4 No. 7 DSGVO. Iconaxa Interior and the customer are obliged to comply with applicable data protection laws to comply with regulations.
2. Following the execution of these General Conditions of Sale, and in particular for the purpose of processing Customer orders (management, monitoring, invoicing, etc.) and in the event of any dispute between Iconaxa Interior and the Customer, Iconaxa Interior will process personal data of natural persons (hereinafter referred to as “data subjects referred to as “persons”).
3. This personal data is that provided by the customer to Iconaxa Interior, such as, but not limited to, the first name and surname of the person who placed the order, postal address, electronic address and a telephone number. For business initiation, in particular for pre-contractual Measures taken at the request of the data subject, Iconaxa Interior can send emails to the address provided by the data subject. the data subject can object to receiving such emails at any time.
4. In principle, the personal data are not transmitted to third parties. In exceptional cases, a transmission to third parties can take place, insofar as this is necessary for the provision of the service to the customer is required. This applies in particular to disclosure to group companies, technical service providers, Partners, suppliers as well as service providers and partners of the supplier, transport service providers, administrators of the IT systems, billing and accounting service providers. A transfer can also be made to the legal Iconaxa Interior consultants who are bound by professional confidentiality and/or contractual confidentiality obligations.
5. Iconaxa Interior stores personal data for the duration of the business relationship and for as long as required to manage claims and disputes or to comply with legal regulations and/or requirements (especially commercial and tax law). and/or is necessary to respond to requests from the competent authorities.
6. If no data transfer is to be carried out outside the European Economic Area, the personal data will be hosted within the European Economic Area by a service provider who is bound by the security and confidentiality obligations of the GDPR. Iconaxa Interior or its host can only transfer personal data to countries that are not members of the European Economic Area and for which there is no adequacy decision by the European Commission if appropriate safeguards have been put in place to protect the personal data and the data subjects enforceable rights and effective remedies are available. As such come in particular binding internal data protection rules and standard data protection clauses of the Commission.
7. Subject to the legal requirements, the persons concerned are entitled to request information, correction and deletion of their personal data, the restriction of their processing and the receipt and transfer to another person responsible. For reasons arising from the particular situation, the data subject also has the right at any time to object to the processing of personal data relating to them. Insofar as Iconaxa Interior has obtained consent to the use of personal data, the person concerned can revoke this at any time with effect for the future. The contact person for exercising the aforementioned rights is Iconaxa Interior data protection officer info@Iconaxa.com
§ 13 Warranty
1. We guarantee that the goods delivered by us are free from design, material or manufacturing defects. For defects that are not visible upon delivery, this guarantee expires 48 hours after delivery.
2. Iconaxa Interior gives no other or further guarantee for goods than the guarantee of its suppliers and/or manufacturers for the product in question.
3. This Iconaxa Interior Warranty does not apply to: (a) wear, corrosion, discolouration and ageing due to normal use and storage; (b) damage caused by incorrect and/or improper maintenance; (c) damage caused by rental to a third party or the Product caused by external causes such as fire, water, steam, liquid, ice, misapplication, dropping, neglect, abuse (including use contrary to Iconaxa Interior instructions), or abuse; (d) on and interchangeable parts. The warranty also does not apply if the products are resold or rented to third parties.
4. Iconaxa Interior guarantees that the goods have the characteristics that the buyer can reasonably expect for a certain period of time after purchase for this goods of maximum can expect twelve months. The 12 month warranty is void if the buyer uses their products at events, weddings and parties. The warranty also expires if the buyer rents the products to others.
5. If the goods prove defective within this period, Iconaxa Interior will arrange for repair or replacement. For this purpose, the buyer will provide Iconaxa Interior with all necessary cooperation services. Under no circumstances will Iconaxa Interior be obliged to compensate for any damage, unless the parties have expressly agreed to do so agreed in writing.
6. If the buyer has made changes to the goods himself, any warranty expires. The same applies if the goods have not been properly treated and/or cleaned.
7. No warranty is accepted for defects resulting from the effects of the weather, incidence of light and/or the rental of products to third parties.
8. Iconaxa Interior is not liable for damages of any kind that are based on incorrect and/or incomplete information provided by the customer.
§ 14 Transport and packaging costs
1. Transport, packaging and insurance costs are at the expense of the buyer, unless otherwise expressly agreed in writing.
2. In the event that a lump sum price for the costs specified under § 4.7 has been agreed with the buyer for the delivery of container goods, Iconaxa Interior nevertheless entitled to pass on the cost of sea freight to the buyer if and to the extent that such cost exceeds an amount of USD 3,500. The above amount can be adjusted monthly by Iconaxa Interior.
§ 15 Force majeure
1. Iconaxa Interior shall be relieved of its obligation to perform any terms and conditions of this Agreement with Customer, if such performance is delayed or prevented in whole or in part due to or in relation to:
2. In the event of force majeure, Iconaxa Interior is entitled to suspend the fulfillment of its obligations for the duration of the force majeure situation.
3. Force majeure includes official measures, strikes, operational disruptions, traffic disruptions, illnesses, natural disasters, (civil) wars, attempted coups and/or other unrest, general transport problems, import and/or export barriers and also disruptions in the communication network and/or internet connections or Power problems, riot, war, acts of terrorism, civil unrest, strikes, lockouts, labor disputes, fire, explosion, storms, floods, acts of God, navigation errors, disruption or failure of transportation, production, distribution, warehousing or processing plant or facility.
4. Force majeure also includes all circumstances that were not foreseeable when the contract was concluded and that are beyond Iconaxa Interior sphere of influence.
5. Iconaxa Interior cannot be held liable for price increases of containers. If there are other than Iconaxa Interior when determining the delivery and/or service period known circumstances, Iconaxa Interior can extend the delivery or service period by the period of time that is necessary for the export of the goods under these circumstances. In this case, if the work cannot be included in Iconaxa Interior timetable, it will be carried out as soon as the timetable allows. In addition, the other party cannot claim any compensation.
6. If cost-determining factors increase the price after the invoice has been paid, Iconaxa Interior is entitled to pass this price increase on to the customer, provided that the execution of the invoice has not yet been fully completed at the time of invoicing. The other party is obliged to pay the price increase at the same time as the customer pays or the next agreed term of payment.
7. The Other Party cannot derive any rights from Iconaxa Interior advice and information that is not expressly part of the General Terms and Conditions.
8. The other party indemnifies Iconaxa Interior against all third-party claims arising from product liability, delivery liability and liability for delays as a result of COVID-19.
9. Compliance with any law, regulation, request or order of any governmental agency or agency at the local, state or provincial level.
10. Failure or Disturbance in the manufacture, procurement, processing, delivery or consumption of the Products, Any other reason (whether of the same category or kind as those listed in this Agreement) beyond Iconaxa Interior reasonable control, Iconaxa Interior at the performance of its obligations and which Iconaxa Interior is unable to prevent through the exercise of reasonable care.
11. Notwithstanding any other term or condition of these Terms and Conditions, in the event of a Force Majeure Event affecting Iconaxa Interior as described above, Iconaxa Interior may allocate its available stock of the relevant Products among its purchasers on any basis without incurring any obligation and/or the prices for the Products adjust to reflect the increased costs related to those described under (1) (2) and (3) above to balance events.
§ 16 Confidential information
1. The customer has the content of the contract and all information that Iconaxa Interior makes to him about costs and prices, as well as all other information about Iconaxa Interior, which he receives from Iconaxa Interior or otherwise (collectively: “Confidential Information”), to treat it as strictly confidential and may only use it within the scope of his obligations under their contract.
§ 17 Severability Clause
1. Any provision of these Terms and Conditions which is invalid or unenforceable in the relevant jurisdiction shall be void to the extent that it is are invalid and unenforceable. The remaining provisions remain unaffected.
§ 18 Place of Performance, Jurisdiction & Applicable Law
1. All agreements and legally relevant declarations of the parties must be in writing.
2. All disputes will be decided in the first instance by the competent court of the District Court of Limburg, location Maastricht, unless Iconaxa Interior should prefer the court at the location or domicile of the buyer or mandatory law dictates otherwise.
3. The legal relationship between the parties is governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980 is not applicable. Dies or is placed under guardianship; Not complying with any legal obligation, any agreement between the parties, or these Terms;
§ 19 Extrajudicial resolution
1. Without prejudice to the right to compensation for costs, damages and interest, Iconaxa Interior has the right to dissolve the agreement between the parties out of court and/or to recover immediately and without notice of default any amount that the buyer still owes Iconaxa Interior if buyer: is declared bankrupt or if an application or application to that effect is made or an application for a cessation of payments is made or if all or part of its assets are confiscated; Seises or transfers its business or a substantial part thereof, including the contribution of its business to a corporation to be incorporated or already existing, or changes the purpose of its business;
§ 20 Applicability
1. Insofar as our general terms and conditions have been made available to the buyer in a language other than Dutch, the general terms and conditions in the Dutch text shall prevail only in the event of differences in interpretation and/or text.
2. These general terms and conditions apply to all offers and quotations from and all agreements with Iconaxa Interior.
3. The applicability of general terms and conditions of purchase or other conditions of the buyer to agreements between Iconaxa Interior and the buyer is excluded.
4. Deviations from and/or additions to these terms and conditions only apply if and to the extent that they have been agreed in writing between Iconaxa Interior and the buyer. 2 November 2020 release.
