TERMS AND CONDITIONS
LUSSO Outdoor B.V., Tennesseedreef 13R, 3565 CK Utrecht, registered with the Chamber of Commerce under number 90824806, applies the following terms and conditions:
ARTICLE 1. | DEFINITIONS
In these terms and conditions, the following terms, each in capital letters, shall have the following meanings:
- LUSSO OutdoorLUSSO Outdoor B.V., the user of these general terms and conditions, located in Utrecht.
- Opposing partyany natural or legal person with whom LUSSO Outdoor has concluded or intends to conclude an Agreement.
- ConsumerA Party, natural person, not acting in the course of a profession or business.
- PartiesLUSSO Outdoor and the Other Party jointly.
- Agreement: any agreement between the Parties whereby LUSSO Outdoor commits itself to the Other Party for the supply of Products and/or the performance of Services.
- Products: the goods to be delivered by or on behalf of LUSSO Outdoor, including, but not limited to, modular outdoor kitchens and related items compiled according to the wishes of the Counterparty.
- Work: the work to be carried out by or on behalf of LUSSO Outdoor, including assembly of Products and repair work.
- Writtenwritten communication, by email or any other technically equivalent method.
ARTICLE 2. | GENERAL PROVISIONS
- These terms and conditions apply to every offer and every Agreement.
- The application of the Other Party's general terms and conditions is expressly rejected.
- Deviations are only possible if expressly agreed in writing.
ARTICLE 3. | OFFER AND CONCLUSION
- All offers are without obligation, even if a period for acceptance has been stated.
- Offers made in error or on the basis of incorrect data do not confer any rights.
- An agreement comes into being through offer and acceptance.
- A party that signs on behalf of others is jointly and severally liable.
ARTICLE 4. | THIRD PARTIES
- LUSSO Outdoor may outsource the execution of [work/tasks/services] to third parties; except for statutory obligations, LUSSO Outdoor is not liable for errors made by third parties.
- Provisions also apply for the benefit of third parties engaged.
ARTICLE 5. | TERMS
- Deadlines are indicative; default only occurs after notice of default and a reasonable period.
- Failure to comply only entitles to the termination of the relevant part, not to additional compensation.
ARTICLE 6. | OBLIGATIONS OF THE COUNTERPARTY & EXECUTION
- The other party provides all relevant information in a timely manner.
- The other party shall provide all necessary cooperation.
- Shortcomings by the other party can lead to the passing on of additional costs.
ARTICLE 7. | INVESTIGATION, COMPLAINTS, WARRANTY
- The opposing party investigates immediately after completion whether the Works have been properly carried out.
- Minor defects that can be rectified within 30 days do not hinder handover.
- Report complaints promptly; after completion, the risk lies with the Counterparty.
- The opposing party claims the manufacturer's warranty where applicable.
ARTICLE 8. | FORCE MAJEURE
- Overmacht shall apply in cases of external causes that make performance impossible.
- In the event of persistent force majeure, the Parties may terminate the Agreement without recourse to the courts.
Article 9. | Suspension and Termination
- LUSSO Outdoor may suspend or terminate this agreement in the event of non-compliance by the Counterparty.
- In case of bankruptcy or attachment, immediate dissolution is possible.
ARTICLE 10. | PRICES, COSTS AND PAYMENTS
- Prices and additional costs are explicitly agreed upon.
- Parking costs for Works are at the expense of the Other Party.
- Payment can be made in advance or in instalments; max. 50% upfront payment for Consumers.
- Default leads to interest of 2% per month; all collection costs will be borne by the Counterparty.
ARTICLE 11. | LIABILITY
- LUSSO Outdoor is only liable for direct damage in the event of culpable failure to perform.
- Liability limited to repair, replacement, or invoice value.
- Statute of limitations: 12 months, for consumers 24 months.
ARTICLE 12. | RETENTION OF TITLE
- Products remain the property of LUSSO Outdoor until full payment.
- The counterparty may not sell, pledge or encumber the Products.
- Specific rules apply in cases of attachment or mixing.
ARTICLE 13. | INTELLECTUAL PROPERTY
- All rights to Products, logos and brand names vest in LUSSO Outdoor or its suppliers.
- The other party may not multiply, distribute, or disclose anything without permission.
ARTICLE 14. | FINAL PROVISIONS
- Dutch law applies.
- Disputes shall first be settled by mutual consultation; otherwise, the competent court in Utrecht.
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