Algemene Verkoop- en Leveringsvoorwaarden
1. These terms and conditions are an extract of the full version of the general terms and conditions as those issued by OKTOBER in Huis, to be named later
‘OKTOBER in huis or ‘ons’, are used. In addition to this shortened version, the full version has its application to anyone who has an OKTOBER at home
enter into an agreement, hereinafter referred to as the ‘client’. In the event of a conflict between the condensed version and the full version of the Terms
The latter take precedence over the shortened version. The client received a copy of the full version from OKTOBER and
and the client has expressly agreed that these also apply in full to the present agreement.
2. On all offers made by OKTOBER in Huis, regarding the execution of the assignment, the furnishing, the creation of atmospheric images, the sale, the rental
or otherwise making available, entering into agreements regarding hire/rental, assignment, contracting of work and by us
accepted orders, only the conditions of OKTOBER in Huis apply, and the conditions of the client
3. The latter conditions will still apply in any amendment or addition to the order and will only apply
declared if this is confirmed in writing by OKTOBER in Huis. Changes after assignment can only be made in writing
agreed upon and do not affect these terms and conditions as far as possible.
1. All offers from OKTOBER in Huis are entirely without obligation, until the order has been accepted by OKTOBER in writing. OKTOBER in Huis has the right to
refuse orders. Quotations are based on information provided by the client, delivery under normal circumstances. Quotations are
valid for thirty days. A surcharge applies for nights from 00:00 and Sundays. Images, photos, catalogues, drawings/sketches and more
data provided by OKTOBER in Huis are not binding and are only indicative.
2. The Client must always notify OKTOBER in Huis writing of its order, as well as any changes or adjustments thereto
to make. Changes after the order has been placed give OKTOBER in Huis the right to adjust the price of the order on the basis of its own rates.
1. Prices are net, exclusive of taxes and surcharges due. OKTOBER in Huis reserves the right to make changes after the conclusion of the
agreement, to charge reasonable price increases to the client. If OKTOBER in Huis in the context of her
assignment has to perform more work or takes longer to perform its work than budgeted (waiting times,
repair work, etc.) while this (hours) overrun cannot be attributed to it, these additional costs will be borne by the
client. Such facts as aforesaid do not entitle the client to dissolve the agreement or to claim compensation
2. OKTOBER in Huis has the right to demand a 50% or 70% down payment before commencing the execution of the assignment.
3. The sales price is in euros including VAT, but excluding any shipping or delivery costs.
Obvious (writing) errors in the price or description of a product can always be corrected by the florist. However, if the consumer has decided to enter into an Agreement on that basis, he can cancel this Agreement within fourteen (14) days after the florist has made the relevant (writing) error known.
4. Shipping and packaging costs are the responsibility of the customer. When you send a return, the shipping costs of the return are for your own account, in addition to the shipping costs that we made when initially sending your package.
1. All payments must be made within the term stated on the invoice and without any deduction or set-off and are paid on the
by OKTOBER in Huis for this purpose on our quotation and/or invoice.
2. If the owed amount has not been paid on the agreed due date, the client is legally without any obligation
notice of default in default and an interest of 1.5% per month from the due date of the invoice.
3. OKTOBER in Huis is at all times entitled to demand a letter of credit or security from the client for the fulfillment of its obligations.
payment obligations before any further delivery is made by us.
4. Failure by the client to comply with his obligation to pay or provide security gives OKTOBER in Huis the right to
suspend the order until this obligation has been met, or to cancel the agreement, without prejudice to the right to
to claim damages due to the later or non-performance of the agreement.
5. All judicial and extrajudicial costs for the collection of the costs owed to OKTOBER in Huis, including collection, bailiff,
Legal Advice and attorney’s fees are included and are for the account of the client. The extrajudicial costs are set at
15% of the amount owed to OKTOBER in Huis with a minimum of € 150,-.sv
6. Payments by the client will be debited from the oldest outstanding invoices. If the client makes payments in the event
of extra or extrajudicial costs first paid these costs and OKTOBER in Huis also retains the right to full payment of its invoices.
7. In the event of mutually related or arising from the same legal relationship, settlement shall be made in house on the part of OKTOBER in Huis.
V. FORCE MAJEURE.
In the event of permanent or temporary force majeure, including a circumstance beyond OKTOBER’s control and which
hinders or makes impossible the delivery or presentation, such as a business failure, a failure in the energy or material supply, a
transport delay, a strike and non-delivery or late delivery by our suppliers, OKTOBER in Huis is entitled to terminate the agreement by means of a
in writing to declare it dissolved or to extend the (completion) time and/or the term within which work must be performed
with the time during which the temporary impediment to delivery or presentation applies, at least to the extent that with a view to the delivery period of the
the assignment is possible. A situation of force majeure cannot be a reason for the client to hold Oogenlust liable on that basis.
VI. RETENTION OF TITLE.
1. OKTOBER in huis retains ownership of the property and of all goods delivered to the client, as long as they are not to the client
sold, or as long as the client has not or not fully fulfilled its payment obligations towards OKTOBER in Huis De (creative)
intellectual property of the designs, creations, models, drawings, sketches, photos, etc. remains with OKTOBER. With regard to all matters concerning the
client of OKTOBER in its possession is subject to an absolute duty of care. Damage to items rented out by OKTOBER in the house will be paid by the client
reimbursed at the value of the new purchase.
2. Unless otherwise stipulated, the delivered goods may not be used in the house without permission from OKTOBER other than the destination for the assignment
as specified to OKTOBER in Huis, or may not be processed/edited or transferred to third parties in any way whatsoever or (for
photography, sketch, etc.) are made available.
3. If the client goes bankrupt, applies for a moratorium, proposes remediation measures, is in default with its obligations towards
OKTOBER in huis, OKTOBER in huis is entitled to declare that agreement dissolved in writing and to declare the goods delivered to the client without
VII. RISK CLAUSE AND LIABILITY.
1. Barring intent or gross negligence on the part of OKTOBER in Huis the latter is never liable for direct or indirect damage caused by
her works. Damage in the event of intent or gross negligence will only be reimbursed up to the invoice amount for which the client is liable
billed. The goods delivered or completed by us are for the account and risk of the client from the moment of delivery.
2. OCTOBER in huis is in no way liable for unlawful acts or conduct of persons who are employed by OCTOBER in Huis or for
engaged auxiliaries. Unless expressly confirmed in writing, OKTOBER in huis is in no way bound by any agreements made with
its subordinate employees.
3. If it appears that the client has not correctly communicated the information it has provided to OKTOBER in Huis, OKTOBER in Huis is not liable for the consequences
responsible. Any necessary corrections will be charged extra to the client by OKTOBER in Huis.
OKTOBER in Huis guarantees the authenticity of the creations it has delivered. In the event of a similarity to works of third parties, this is based solely on
coincidence. All intellectual property rights remain the property of Oogenlust at all times. Counterfeiting in whole or in part the creations of
OKTOBER in Huis is prohibited.
1. The Client must submit complaints and/or complaints about the goods delivered or the services and/or work performed immediately after delivery or after delivery.
to notify OKTOBER in Huis in writing about the execution of the work, failing which any claim against OKTOBER in Huis with regard to defects
c.q. errors will lapse. Complaints and/or complaints never give the client the right to dissolve the agreement or to cancel the payment of the
to settle or suspend the invoice.
2. In the event of a complaint found to be well-founded by OKTOBER in Huis about goods delivered or services performed, OKTOBER in Huis has the right to
to repair the relevant goods within a reasonable period of time, or to replace them with similar goods, or the work for
to the extent deemed necessary by OKTOBER in Huis within a reasonable period of time. OCTOBER in huis is not obliged to pay compensation in that case
of any damage suffered by the client.
1. Without prejudice to the provisions of previous articles regarding suspension and dissolution, OKTOBER is entitled, if it has good reasons to fear
that the client does not, not properly or not timely fulfill one of its obligations under this agreement, to dissolve the agreement,
in which case OKTOBER is entitled to compensation for any damage suffered or lost profits. The client is not entitled
to claim termination of the agreement with retroactive effect. In this case, the Client cannot claim any
compensation or on dissolution of the agreement.
2. The agreement will be dissolved immediately and without taking into account any notice period in the event of bankruptcy, suspension of payments, seizure, remediation,
3. If the client fails in its obligations towards OKTOBER in Huis, with the exception of the provisions of the previous paragraph of this article,
may OKTOBER dissolve the agreement after the client has failed, after first having been given written notice of default, to correct the defect
within a reasonable period of time.
XI. APPLICABLE LAW AND COMPETENT COURT.
1. Dutch law applies to all agreements. All disputes arising from the agreements will be subject to
to the competent court of the place of registered office of OKTOBER in Huis
2. If any provision from this extract is void or annulled, the other terms and conditions of this extract will continue to apply, as will the
applicability of the entire unabridged version of the terms and conditions as long as there is no conflict, dissolution or destruction.
1. These General Terms and Conditions of Sale and Delivery have been filed with the Chamber of Commerce in Eindhoven and with the
District Court in ‘s-Hertogenbosch.
2. These terms and conditions are made available to the client free of charge for acceptance and conclusion of an order. Such an
the client has not had these conditions before accepting the agreement, it must submit its request by fax
to turn to OKTOBER in Huis for this purpose. He must submit his request by fax If this request is not made under such circumstances, the client is deemed to have
have received and accepted the terms and conditions. Follow-up orders from the same client also fall under the scope of the
OKTOBER accommodates the conditions used.