Privacy Policy

Definitions
• Seller: P. Bakker Steenbergen B.V. located in Steenbergen.
• Buyer: the buyer of the Seller’s Products;
• Products: all goods sold by Seller to Buyer.

Article 1 General
These conditions apply to all offers and agreements regarding the retail sale of paint, wall coverings and related items, unless the Seller has expressly stated in writing that other conditions will apply.

If the said agreements relate to something other than the sale of reported goods, these conditions also apply – to the extent necessary by analogy.

Article 2 Quotations and offers
1. An agreement is only concluded by written or electronic confirmation by the Seller or by the actual execution of the order or by a written or electronic order from the Buyer.
2. A composite quotation does not oblige the Seller to carry out part of the order for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders. A quotation is valid for 30 days, after which the Buyer can no longer make any claims.
3. If the Seller requires information from the Buyer for the execution of the agreement, the execution period will not commence until the Buyer has made it correctly and completely available to the Seller.

Article 3 Offer and rate
1. If any cost-increasing circumstance occurs after the conclusion but before the agreement is executed, the Seller has the right to increase the agreed price proportionately. The Buyer then has the right to terminate the agreement within 10 days after notification, unless the price increase is the result of legal regulations or provisions.
2. All statements by the Seller of prices, specifications and/or other indications of goods on its website are made with care. However, the seller cannot guarantee the accuracy of this data or the fact that any deviations from it may occur. Obvious mistakes or errors in the offer do not bind the Seller. The seller therefore has the right to terminate or destroy agreements entered into on the basis of these inaccuracies with immediate effect.

Article 4 Delivery
1. Buyer will receive his order as soon as possible. The delivery period stated when entering into the agreement is indicative. If delivery within this period is not possible, including due to the Product not being in stock or if an order cannot be fulfilled or can only be partially fulfilled, the Buyer will be notified of this within 30 days after entering into the agreement. In that case, the buyer has the right to cancel the order without costs.
2. If the agreement can only be partially executed, the Buyer only has the option to cancel the agreement in its entirety if the various goods demonstrate a demonstrable connection. If there is no demonstrable connection between the various goods, the consumer can only cancel those goods that cannot be delivered.
3. Items purchased and paid for from stock by the Buyer can be exchanged or returned to the Seller, provided that they are accompanied by the relevant proof of payment, provided that the exchange or return takes place within 14 days after purchase, provided that the items in question are unused and unopened, and are in the condition in which they were delivered.
4. Except on the grounds of demonstrable manufacturing defects or quality deviations, so-called meterage goods and goods that have been specially mixed/composed cannot be exchanged or returned, in deviation from the provisions of paragraph 3.
5. Goods ordered from a supplier on behalf of the Buyer are at the risk of the Seller if the Seller has taken the measurements, or for the Buyer if the Buyer has specified the measurements and the size(s) are stated in accordance with the order form.
6. The Seller is not liable for minor color deviations in ordered goods compared to samples shown in the store. This also applies if a repeat order has been placed and these goods differ slightly from the first order.
7. Delivery takes place at the Seller’s location, unless expressly agreed otherwise. During the transport by third parties of the goods from the seller to the place indicated by the Buyer, the transport takes place at the risk of the Buyer.
8. The seller has the right to make the delivery in parts.
9. If the Seller’s obligations also include the installation of the sold item, the delivery will – in any case – be deemed to have been completed as soon as the sold item has been installed.

Article 5 Delayed delivery
1. If the goods cannot be delivered on the agreed date because the Buyer cannot or does not want to accept them, a second delivery must be made within a reasonable period. If this is also refused, the Seller is entitled to charge storage costs and any further demonstrable costs.
2. After 3 months, the Buyer is obliged to accept the goods and take care of their own storage. The buyer remains obliged to pay for all specially ordered and/or custom-made goods.

Article 6 Payment and collection costs
1. Payment must always be made within 30 days after the invoice date, in a manner to be specified by the Seller in the currency in which the invoice was issued, unless otherwise indicated in writing by the Seller. The seller is entitled to invoice periodically.
2. The stated payment term, as described in paragraph 1 of this article, may be deviated from if otherwise agreed in the offer or quotation.
3. If the Buyer fails to pay an invoice on time, the Buyer is legally in default without further notice of default. The Buyer will then owe interest. In the case of consumer purchases, the interest is equal to the statutory interest. In other cases, the Buyer owes interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due will be calculated from the moment the Buyer is in default until the moment the full amount is paid.
4. The Seller has the right to have payments made by the Buyer firstly deduct the costs, then the accrued interest and finally the principal sum and the current interest.
5. The Seller has the right – before delivering or further delivering – to demand that the purchase price be paid in advance or that security be provided for the fulfillment of the Buyer’s obligations.
6. The amount paid will only be refunded if delivery proves impossible because the manufacturer/wholesaler cannot deliver the ordered goods to the Seller.
7. Provision of security for business Buyers: in the event of an agreement with a business Buyer, the Seller is entitled, before delivering or continuing with the delivery or fulfillment of the agreement, to demand sufficient security from the Buyer for the fulfillment of the payment obligations.
8. Unless otherwise agreed between the parties, the purchase price must be paid to the Seller immediately without set-off, discount or compensation.
9. All judicial and extrajudicial costs that the Seller must incur to maintain or exercise its rights will be fully borne by the Buyer.

Article 7 Retention of title
1. All goods delivered by the Seller under the agreement remain the property of the Seller until the Buyer has properly fulfilled all obligations under the agreement(s) concluded with the Seller (extended retention of title.) The goods sold remain the property, unless they have been processed. from Seller until Buyer has fulfilled all his obligations. Nevertheless, the business Buyer is entitled to use and dispose of the goods in the context of his normal business operations.
2. Goods delivered by the Seller, which are subject to retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. The Buyer is not authorized to pledge or encumber in any other way the items falling under the retention of title.
3. The Buyer must always do everything that can reasonably be expected of him to safeguard the Seller’s ownership rights.
4. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to immediately inform the Seller thereof.
5. The Buyer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to the Seller for inspection upon first request. In the event of any insurance payment, the Seller is entitled to these payments. To the extent necessary, the Buyer undertakes in advance to the Seller to cooperate in everything that may (prove to) be necessary or desirable in that context.
6. In the event that the Seller wishes to exercise its ownership rights referred to in this article, the Buyer gives unconditional and irrevocable permission in advance to the Seller and third parties to be designated by the Seller to enter all those places where the Seller’s property is located and those items to take back.

Article 8 Advance payment/provision of security
The seller is at all times entitled to require advance payment or security from the buyer before proceeding with delivery or further delivery. If the Buyer fails to make the required advance payment or security, any delivery obligation incumbent on the Seller will lapse, without prejudice to the Seller’s right to compensation for all damages, costs and interest by the Buyer.

Article 9 Liability
1. If the Seller is liable, this liability is limited to what is regulated in this provision.
2. The Seller is not liable for damage of any nature whatsoever caused by the fact that the Seller relied on incorrect and/or incomplete information provided by or on behalf of the Buyer.
3. The seller is only liable for direct damage. Direct damage is exclusively understood to mean: the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions; any reasonable costs incurred to ensure that the Seller’s defective performance complies with the agreement, insofar as these can be attributed to the Seller; reasonable costs incurred to prevent or limit damage, insofar as the Buyer demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
4. The seller is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business or other stagnation. In the case of consumer purchases, this limitation does not extend beyond that permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
5. If the Seller is liable for direct damage, the Seller’s liability towards the Buyer per event is limited to a maximum of the purchase price of the Product in question.
6. The Seller’s liability is in any case always limited to the amount of the payment from its insurer, as the case may be.
7. This article remains in force after termination of the assignment or dissolution of the agreement, regardless of the reason for termination or dissolution of the agreement.
8. The seller is not liable for the correctness of the advice given by or on behalf of him, nor does he guarantee certain results when using the delivered goods.

Article 10 Force majeure
1. Force majeure is understood to mean: any circumstance that the Seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the Buyer, such as: war or danger of war, regardless of whether the Netherlands is involved or not. is not directly involved, total or partial mobilization, martial law, riot, sabotage, flood, fire or other destruction in factories or warehouses and lockouts, as well as suppliers or producers who, on whatever grounds – in whole or in part – breach their obligations to Seller’s failure to deliver.
2. In the event of force majeure, the Seller has the right to terminate the agreement without being obliged to pay damages.

Article 11 Indemnity
1. The Buyer indemnifies the Seller against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to parties other than the Seller.
2. If the Seller is sued by third parties for this reason, the Buyer is obliged to assist the Seller both extrajudicially and in court and to immediately do everything that may be expected of him in that case. If the Buyer fails to take adequate measures, the Seller is entitled to do so itself without notice of default. All costs and damage incurred by the Seller and third parties as a result are entirely at the expense and risk of the Buyer.

Article 12 Export Restrictions
Upon any sale, export, re-export, license, shipment, diversion or otherwise transfer of Products or any information or technology relating to the Product, whether directly or indirectly, Buyer shall comply with its obligations under applicable export control laws and regulations , including, but not limited to, applicable UN, US and EU export control laws and regulations and the laws and regulations of the country where Buyer is located. Buyer acknowledges that it will (i) take all necessary steps to comply with the foregoing laws and regulations, including, if necessary, obtaining export and other licenses and (ii) not take any action that could result in P. Bakker Steenbergen B.V. violates the above laws.

Article 13 Packaging
Only returned packaging, free of charge, within six months of the invoice date, which is in good condition and which was invoiced, gives the right to reimbursement of the calculated value. The Buyer will be notified in writing of rejection of packaging within 30 days of receipt, after which this packaging will be kept at his disposal for a week, after which the Seller is free to dispose of it without any obligation to pay compensation. Packaging not separately calculated on the invoice will not be taken back by the Seller.

Article 14 Intellectual property
The seller reserves the rights and powers that accrue to him under the Copyright Act and other intellectual laws and regulations. The Seller has the right to use the knowledge acquired through the execution of an agreement for other purposes, provided that no strictly confidential information of the Buyer is made known to third parties.

Article 15 Complaints and complaints
1. Complaints or complaints of any nature whatsoever do not suspend the Buyer’s payment obligation and can only be notified to the Seller in writing within the periods described in this paragraph.
2. No complaint is admissible if the Buyer has processed or redelivered while the Buyer could have discovered the alleged defect in the goods by simple inspection. No complaint is permitted on the grounds of technically unavoidable deviations in colors and properties.
3. Complaints regarding defects, incorrect layout, weights, quantities or regarding the packaging and the calculated price can only be made within 14 days after delivery of the goods.
4. Complaints about the quality of the delivered goods can only be made within 14 days after the Buyer has discovered the defectiveness of the delivered goods, but in no case later than six months after delivery of the goods. If a shorter shelf life is stated on the packaging, complaints must be submitted within this period.
5. The defectiveness of delivered paint products can only be demonstrated by the Buyer – to the exclusion of any other means of proof – by submitting a report from the most appropriate part of TNO, whereby the costs of reporting will be borne by the unsuccessful party. . No binding evidence scheme applies to all other Products.
6. The defectiveness of the delivered Products can be demonstrated by the Buyer by all means, with the understanding that defectiveness is exclusively regarded as failure to comply with the specification(s) applicable to the Seller with regard to the Product.
7. The Seller’s obligation to pay damages in respect of the defectiveness of delivered goods, for documentation, processing and other advice, guidance and inspection, will never exceed an amount equal to 3 1⁄2 x the invoice amount of the delivered goods for which the defectiveness has been proven . Under no circumstances is the Seller liable for any consequential damage, however named and on whatever basis, suffered.
8. If it is established that a complaint is unfounded, the costs incurred as a result, including the investigation costs incurred by the Seller, will be fully borne by the Buyer.
9. The burden of proof rests on the Buyer that the goods to which the complaint relates are the same as those delivered by the Seller.

Article 16 Applicable law and disputes
1. If any provision of these terms and conditions appears to be in conflict with any provision of mandatory law, the provision in question will be deemed not to have been written without affecting the validity of the other provisions.
2. All legal relationships to which the Seller is a party are exclusively governed by Dutch law, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
3. All disputes that may arise between the parties as a result of the agreements referred to herein, to which these General Terms and Conditions apply, will be adjudicated by the competent court of the Seller’s place of residence, in the sense that the Seller has the right to have the dispute adjudicated by the competent court of the Buyer’s place of residence.

Article 17 Location conditions
1. These general terms and conditions can be found at https://bakker-steenbergen.nl.
2. The Dutch text of the general terms and conditions always determines their interpretation. We will then refund the order amount due within 14 days after registration of your return, provided that the return shipment has already been received in good order.