Terms of service

Article 1 General
1. These terms and conditions apply to every offer, quotation and agreement between Lab Shops B.V. and Lab ConceptStore B.V., hereinafter referred to as: "Seller", and a counterparty to which the seller has declared these terms and conditions applicable, insofar as the parties have not explicitly deviated from these terms and conditions in writing.
2. The present conditions also apply to agreements with the seller, for the implementation of which third parties must be involved by the seller.
3. These general terms and conditions are also written for the employees of the seller and his management.
4. If one or more provisions in these General Terms and Conditions are wholly or partially void or may be destroyed at any time, it will remain fully applicable in these general terms and conditions. The seller and the other party will then enter into consultation in order to agree new provisions to replace the void or annulled provisions, taking into account as much as possible the purpose and scope of the original provisions.
5. If there is uncertainty about the interpretation of one or more provisions of these general terms and conditions, the explanation must take place "in the spirit" of these provisions.

Article 2 quotes and offers
1. All quotations and offers from the seller are without obligation, unless a period for acceptance has been set in the quotation. They are valid for 30 days, unless stated otherwise. A quote or offer also expires if the product to which the quotation or offer relates is no longer available in the meantime.
2. Seller cannot be held to his quotations or offers if the other party can reasonably understand that the quotations or offers, or a part thereof, contains an obvious mistake or error.
3. The prices stated in a quotation or offer include VAT and other government levies and any costs to be incurred in the context of the agreement, including travel and residence, shipping and administration costs, unless stated otherwise.
4. If the acceptance (whether or not on subordinate points) deviates from the offer included in the quotation or the offer, the seller is not bound by that. The agreement will then not be concluded in accordance with this different acceptance, unless the seller indicates otherwise.
5. A composite quotation does not oblige the seller to perform part of the assignment at a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.

Article 3 Contract duration; Delivery times, implementation and amendment of agreement; price increase
1. If a period has been agreed or specified for the completion of certain activities or for the delivery of certain items, this is never a fatal period. At most there is a target period. If a period is exceeded, the other party must therefore give the seller in writing in writing. The seller must thereby be offered a reasonable period of time to implement the agreement.
2. Delivery takes place from the seller's business. The other party is obliged to purchase the goods when they are made available to him. If the other party refuses decrease or is negligent on providing information or instructions that are necessary for delivery, the Seller is entitled to save the goods for the account and risk of the other party.
3. Seller is entitled to execute the agreement in different phases and to invoice the part that is thus executed separately.
4. If the agreement is implemented in phases, the seller can suspend the implementation of those parts that belong to a subsequent phase until the other party has approved the results of the preceding phase in writing.
5. If the seller requires information from the other party for the implementation of the agreement, the execution period will not start until after the other party has made it available correctly and in full to the seller.
6. The originally specified period of implementation may be amended by a change in the agreement. The other party accepts the possibility of amendment to the agreement, including the change in price and period of implementation.
7. Without getting to default, the seller can refuse a request to amend the agreement if this could have a qualitative and / or quantitative consequence, for example for the work to be performed or to be delivered in that context.
8. If the other party should be in default in the proper fulfillment of what it is kept towards the seller, then the other party is liable for all damage (including costs) on the part of the seller, this is directly or indirectly arising as a result.
9. Only one discount, voucher or discount code can be used per order. These do not apply in combination with other discounts or offers. Each discount, voucher or discount code can also be used only once per address. Registration of the address is mandatory.
10. With regard to the implementation of the agreement, the Seller only has an obligation of effort, which also means giving any advice. The seller cannot be settled on these advice.

Article 4 Suspension, dissolution and interim cancellation of the agreement
1. The seller is authorized to suspend the fulfillment of the obligations or to dissolve the agreement immediately and with direct entry, if:
- the other party does not comply with the obligations under the agreement, not fully or not in time;
- after the conclusion of the Seller to be concluded, circumstances give good reason to fear that the other party will not fulfill the obligations;
- when concluding the agreement, the other party was requested to provide security for the payment of its obligations under the agreement and this security is not forthcoming or insufficient;
- if the delay on the part of the other party can no longer be expected from the seller that it will fulfill the agreement against the originally agreed conditions;  
- if circumstances arise that are of such a nature that fulfillment of the agreement impossible or unchanged maintenance of the agreement cannot reasonably be expected from the seller.
2. If the dissolution is attributable to the other party, the seller is entitled to compensation for the damage, including the costs, thereby directly and indirectly arising.
3. If the agreement is dissolved, the seller's claims on the other party are immediately due and payable. If the Seller suspends the fulfillment of the obligations, he will retain his claims under the law and agreement.
4. If the Seller switches to suspension or dissolution to the grounds as referred to in this article, he is in no way obliged to compensate for damage and costs in any way or compensation, while the other party, under non -performance, is in any way arising There is compulsory for compensation or compensation.
5. In the event of liquidation, of (application of) suspension of payment or bankruptcy, of seizure - if and insofar as the seizure has not been canceled within three months - at the expense of the other party, of debt restructuring or another circumstance that does not make the other party not For longer being able to dispose of his assets for longer, the seller is free to cancel the agreement immediately and with direct input or to cancel the order or agreement, without any obligation to pay any compensation or compensation. The seller's claims on the other party are immediately due and payable in that case.
6. If the other party cancel a placed order in whole or in part, the goods ordered or prepared for it, plus any supply and delivery costs thereof and the working time reserved for the implementation of the Agreement, will be integrally charged to the other party are brought.

Article 5 Force majeure
1. The seller is not obliged to fulfill any obligation towards the other party if he is hindered as a result of a circumstance that is not due to fault, and nor under the law, a legal act or in its own accounts for his account comes.
2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard by law and case law, all of external causes, foreseen or non-provision, on which the seller cannot influence, but as a result of which the seller is unable to do its obligations after to come. The seller also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the seller should have fulfilled his obligation. As force majeure or unforeseen circumstances must also be understood (the consequences of) a pandemic, outbreak (examples: COVID-19, Sars, bird flu, Q fever, crazy cow disease, or similar to these).
3. During the period that the force majeure continues, the seller can suspend the obligations under the agreement. If this period lasts longer than two months, then each of the parties is entitled to terminate the agreement, without obligation to compensate for damage to the other party.
4. If at the time of the commencement of force majeure, the Seller has now partially fulfilled his obligations under the Agreement or this will be able to fulfill, and the part of the respectively fulfilled part of independent value is entitled to fulfill the already fulfilled or fulfilled or part to be invoiced separately. The other party is obliged to pay this invoice as if there were a separate agreement.

Article 6 Payment and collection costs
1. Payment must always be made within 30 days of the invoice date, in a manner to be specified by the seller in the currency in which it is invoiced, unless otherwise indicated by the Seller in writing. The seller is entitled to invoice periodically. Sell ​​in the store and online is done prior to delivery.
2. If the other party fails to pay the timely payment of an invoice, the other party is legally in default. The other party will then owe an interest. In the case of consumer purchase, the interest rate is equal to the statutory interest. In other cases, the other party owes an interest of 1.5 % per month.
3. Seller can, without falling into default, refuse an offer for payment if the other party designates a different order for the allocation of the payment. The seller can refuse full repayment of the principal sum, if the outstanding and current interest and collection costs are not paid.
4. The other party is never entitled to suspend or settlement.
5. Objections to the amount of an invoice do not suspend the payment obligation.
6. If the other party is in default or in default in the (timely) fulfillment of its obligations, then all reasonable costs for obtaining satisfaction will be borne by the other party. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice at that time, currently the calculation method according to the Voorwerk II report. However, if the seller has incurred higher costs for collection that were reasonably necessary, the costs actually incurred are eligible for reimbursement. The possible judicial and execution costs will also be recovered from the other party. The other party is also owed interest on the collection costs due. In respect of a counterparty, not being a natural person who does not act in the exercise of a profession or business, in deviation from Article 6:96 (4) of the Dutch Civil Code, all collection costs are borne by the other party, whereby it is an amount of extrajudicial collection costs is due of 15% of the amount still due, with a minimum of € 350.

Article 7 retention of title
1. All goods delivered by the Seller in the context of the Agreement remain the property of the seller until the other party has properly complied with all obligations from the agreement (s) concluded with the seller.
2.. Goods delivered by the seller that fall under the retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The other party is not authorized to pledge or objection the goods falling under the retention of title in any other way.
3. The other party must always do everything that can reasonably be expected of him to secure 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 other party is obliged to immediately inform the seller thereof.
5. The other party undertakes to insure and keep the goods delivered under retention of title against fire, explosion and water damage as well as against theft and the policy of this insurance to be made available to the seller upon first request. With a possible payment of the insurance, the seller is entitled to these tokens. For as much as necessary, the other party undertakes towards the seller in advance to cooperate with everything that may be (prove to be) necessary or desirable in that context.
6. In the case of the seller, this article wants to exercise ownership rights, the Other Party gives unconditional and non -revocable permission to the seller and third parties to be designated by the seller in order to enter all those places where the property of the seller is located and those goods to take back.

Article 8 Right of withdrawal by the Consumer Customer
1. The customer, who is also a consumer, can dissolve an agreement with regard to the purchase of a product for a cooling -off period of at least 14 days without giving reasons.  
2. Basalized returns must be registered in writing to the seller in advance. After written permission by the Seller, the return shipment in sound packaging (as sent by the seller) must be returned to a address to be determined by the seller and returned within 14 days, all this at the expense of the other party.
3. Seller will refund the purchase amount of the returned items, excluding the (possible) shipping costs or any administration costs, within 14 days of receipt.
4. Custom products cannot be returned. This includes in any case: color -mixed products, including (but not exclusively) paint and coatings.
5. Consumables, such as rollers and brushes, must have been unopened, failing which there is no right to reimbursement.
6. Wallpaper (in the broadest sense of the word) that has been ordered specifically for the seller cannot be returned.
7. The return policy, as stated on the Seller website, also applies

Article 9 Liability
1. The goods to be delivered by the seller meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended for normal use in the Netherlands. The liability mentioned in this article applies to matters intended for use within the Netherlands. When using outside the Netherlands, the other party must verify whether its use is suitable for the use there and whether they meet the conditions set thereof. In that case, the seller can set other conditions with regard to the goods to be delivered or work to be carried out.
2. Any form of liability or warranty will be canceled if a damage has arisen as a result of or arising from incorrect, improper or improper use thereof or use after the expiry date, incorrect storage, incorrect processing, or not complying with the given by the seller advice by the other party and/or by third parties when, without written permission from the seller. The other party or third parties have made changes to the case or have tried to make or if they were changed or processed in a manner other than the prescribed manner. The other party is not entitled to compensation or warranty either if the defect has arisen due to or the result of circumstances that the seller cannot influence, including weather conditions (such as, for example, not exclusively, extreme rainfall or temperatures) et cetera.
3. The seller is not liable for damage, of whatever nature, caused by the seller based on incorrect and / or incomplete information provided by or on behalf of the other party.
4. The other party is obliged to investigate the delivered goods, immediately when the goods are made available to him or the work in question was carried out. In addition, the other party should investigate whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed in this regard. The other party must also verify whether the color of the paint supplied is in accordance with its wishes. In no way is the seller liable for damage suffered by color deviations in paint applied. Any defects must be reported to the seller in writing within three days after discovery. The report must contain a description that is as detailed as possible, so that the seller is able to respond adequately. The other party must give the seller the opportunity to investigate a complaint.
5. If the other party complains in time, this does not suspend its payment obligation. In that case, the other party will also be obliged to purchase and pay the otherwise ordered, unless there is no independent value.
6. If a defect is reported later, the other party will no longer be entitled to recovery, replacement or compensation, unless a longer term results from the nature of the case or the other circumstances of the case.
7. If it is established that a case is inadequate and in this regard has been complaint, the seller will be inadequate within a reasonable period of time after return reception or, if return is not reasonably possible, written notification with regard to the defect by the other party, at the choice of the other party Seller, replacement or replacement reimbursement for this to the other party. The seller does not have further obligations. In the event of a replacement, the other party is obliged to return the replaced item to the seller and to provide the property to the seller, unless the seller indicates otherwise.
8. If it is established that a complaint is unfounded, the costs arise as a result, including the investigation costs, on the part of the Seller as a result, will be fully borne by the other party.
9. Seller is only liable for direct damage.
10. Direct damage is only understood:
- the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions;
- the possible reasonable costs incurred to have the defective performance of the Seller answer to the agreement, for so much it can be attributed to the seller;
- reasonable costs incurred to prevent or limit damage, insofar as the other party shows that these costs have led to a limitation of direct damage as referred to in these general terms and conditions.
11. The seller is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage caused by business or other stagnation. In the case of consumer purchase, this restriction does not extend beyond that, which is permitted under Section 7:24 paragraph 2 of the Dutch Civil Code.
12. If the Seller is liable for any damage, the seller's liability is limited to a maximum of the invoice value of the order, at least to that part of the order to which the liability relates, with a maximum of € 5,000 inclusive VAT.
13. The liability of the seller is in any case always limited to the amount of payment of his insurer, where appropriate.
14. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of the seller or his managerial subordinates.

Article 10 Primary period
1. Every claim right and other powers of the other party towards the seller, for whatever reason, will in any case expire after the expiry of six months from the time when a fact occurs that the other party can use these rights and/or powers towards the seller And no legal claim was brought by the other party during that period.

Article 11 Risk transition
1. The risk of loss, damage or depreciation transfers to the other party at the time when things are brought into the power of the other party.

ARTICLE 12 SACTION
1. The other party indemnifies the seller against any claims from third parties, which suffer damage in connection with the execution of the agreement and whose cause is attributable to other than the seller.
2. If the seller should be approached by third parties for that reason, the other party is obliged to assist the seller both outside and in court and to do everything that can be expected of him in that case. If the other party fails to take adequate measures, then the seller is entitled to do so without notice of default. All costs and damage on the part of the Seller and third parties arise as a result, are entirely for the account and risk of the other party.

Article 13 Applicable law and disputes
1. All legal relationships in which the Seller is a party only applies Dutch law. The applicability of the Vienna Sales Convention is excluded.
2. If not stipulated otherwise, the Central Netherlands Court, the Utrecht Court of the Netherlands, is authorized to take cognizance of a dispute, unless mandatory law is opposed to this, while the Seller also has the right to brief the case before the court of the location of the other party.