Terms & Conditions
January 2020 version
Metiez strives to ensure that you receive a perfect product and that you are satisfied with the delivered product. However, there are some conditions attached to this, which you can read below.
By placing your order, you agree to the applicability of these terms and conditions. All offers are also made under these terms and conditions. The general terms and conditions can be changed; the general terms and conditions apply to your order or quotation as they applied on the date of the order confirmation / invoice or quotation.
Article 1 Definitions
In these terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise:
– The entrepreneur: The company with the trade name “Metiez, established in Wamel, registered with the Chamber of Commerce Arnhem under number 69278970, VAT identification number: NL001328563B02
– The websites: The websites of the entrepreneur and all underlying pages, with the exception of the links placed on the website to other websites.
– Product: The article or articles that must or must be delivered to the customer within an agreed term by concluding the agreement between the entrepreneur and the customer, and for which the customer must pay the agreed price.
– Consumer: Any natural person, not acting in the performance of a profession or a business.
– Client: Any legal person or natural person who acts in the exercise of his profession or business, not being a consumer, who instructs the entrepreneur to perform work and / or supply materials.
Article 2 Applicability
1. These conditions apply to every offer and / or quotation, as well as to every agreement between the entrepreneur and the consumer or client, as well as to every execution of the agreement.
2. General and / or special conditions of the consumer or client do not bind the entrepreneur and the applicability is expressly rejected, unless the entrepreneur has accepted the applicability of such conditions in writing.
3. If one or more provisions in these general terms and conditions appear to be wholly or partially null and void or are nullified at any time, the agreement and these terms and conditions will continue to apply and the provisions in question will be immediately replaced by provisions in mutual consultation. which are as close as possible to the intent of the original provisions.
Article 3 Offers, quotations and orders
1. Images, (technical) drawings, sizes and weights of products are shown as accurately as possible on the websites and in product descriptions. However, an article may differ in details, as it is a natural product. Entrepreneur is not liable for (the consequences of) deviations therein. For clarity: The images and / or drawings / sketches are therefore only illustrative in nature and therefore no rights can be derived from this. The entrepreneur undertakes only towards the consumer or client to deliver the goods in the description, quality and quantity as further specified in the order confirmation or, failing that, the accepted offer. Some deviation in the dimensions is possible, this is limited to a few mm.
2. The entrepreneur does not guarantee that the goods are suitable for the purpose for which the consumer or client purchases them, even if this purpose has been made known to the entrepreneur, unless the entrepreneur has guaranteed this in writing.
3. For consumers, the prices in the quotations and / or order confirmations mentioned are all-in. For clients, the prices are stated in offers, quotations and / or orders excluding (sales tax), import duties, other taxes and levies, costs of quality control and transport.
Article 4 Agreement
1. The agreement is concluded when the consumer or client has completed an order and the entrepreneur has sent the consumer or client an order confirmation in writing or by email.
2. Written acceptance of an offer is made by the consumer or client signing the offer for approval and then handing it over or returning it to the entrepreneur no later than 30 days after the offer date. It will expire 30 days after the quotation date, unless a different term is stated in writing in the quotation. The agreement is then concluded as soon as the entrepreneur has sent the consumer or client an order confirmation in accordance with the offer.
3. If reservations or changes are made to the offer in the acceptance, contrary to what has been determined above, the agreement will only be concluded if one party has confirmed to the other that it agrees to these deviations from the offer.
4. The entrepreneur is in no way bound by what is stated in prospectuses, brochures and / or publications, images and drawings. The information contained therein does not bind the entrepreneur, unless this is confirmed in writing by the entrepreneur.
Article 5 Payment
1. Payment is made exclusively via payment options on the website (free), against cash payment (free), cash on delivery (+ € 10.00) or when invoicing within the period stated on the invoice (free). In case of deferred payments, the payment must be received by the entrepreneur at least three working days before the delivery, otherwise delivery will be postponed. The consumer or client is not allowed to deduct any amount from this purchase price in respect of a counterclaim made by him.
2. As long as the consumer or client has not paid the full amount of the purchase price with any additional costs or has provided security for this, the entrepreneur reserves the ownership of the goods. In that case, ownership passes to the consumer or client as soon as the consumer or client has fulfilled all his obligations to the entrepreneur.
3. If the client does not meet his payment obligations in time and does not comply with a notice of default, the entrepreneur is entitled to regard the purchase agreement as dissolved without judicial intervention. In that case, the client is liable for damage suffered by the entrepreneur, including loss of profit, packaging costs and transport costs. If the consumer does not meet his payment obligations in time, the legal provisions apply. This stipulates, among other things, that the entrepreneur is entitled to recover the extrajudicial collection costs from the consumer after notice of default, which is always at least € 40.00, as well as that a statutory interest will be levied.
4. In the situation as referred to in paragraph 3, the client owes the entrepreneur an amount of 50% of the purchase price by way of compensation under a general title, plus statutory interest on this from the due date of the invoice.
5. In the situation referred to in paragraph 3, the entrepreneur is also entitled to charge the client 1.5% interest per month or, if this is higher, the statutory commercial interest, from the due date of the invoice until the day of full satisfaction.
Article 6 Delivery
1. The delivery period commences on the date as agreed in the order confirmation or accepted offer.
2. Entrepreneur will endeavor to deliver within the specified periods. However, the delivery times stated in the quotation, order confirmation or on the websites are indicative and never count as deadlines.
3. If a delivery time specified in the quotation / order confirmation is exceeded by more than 30 days, the consumer or client is entitled to cancel the order in writing. However, the consumer or client must always inform the entrepreneur in writing after 30 days about exceeding the delivery time, to rule out any misunderstandings. If the entrepreneur is still unable to deliver within 10 days, the consumer or client has the right to cancel the order in writing. In this case, the entrepreneur does not owe any (damage) compensation.
4. Unless there is direct delivery “ex warehouse”, ie the consumer or client collects the product and / or the products himself, delivery takes place at the agreed delivery address, whereby the entrepreneur determines the method of shipping.
5. Delivery to the Wadden Islands or abroad is possible, but special rates are applied for this in agreement with the transporter. The consumer or client will be informed of this in the event of a quote / order confirmation.
6. If the consumer or client is not present at the time of delivery, the entrepreneur has the right to leave the products at the address that has been delivered, if the driver deems this justified.
7. If the entrepreneur or the transporter has provided pallets, packing boxes, crates, containers, etc. for packaging and transport, whether or not against payment of a deposit or a deposit, the consumer or client is obliged (unless it is a one-off packaging) to return these goods to the address specified by the entrepreneur or the transporter, failing which the consumer or client owes the entrepreneur compensation or damage.
8. If for whatever reason the consumer or client is unable to receive the goods at the agreed time and they are ready for delivery, the entrepreneur will, if its storage options allow this and for a maximum of 3 months, pay keep it.
Article 7 Force majeure
1. The delivery period referred to in Article 6 is extended by the period during which the entrepreneur is unable to meet the delivery obligations due to force majeure.
2. There is force majeure on the part of the entrepreneur if, after concluding the binding quotation or order confirmation, the entrepreneur is prevented from complying with the obligations under this agreement or with the preparation thereof as a result of war, danger of war, civil war, terrorism, riot , acts of war, fire, water damage, flooding, strike, occupancy, exclusion, import and export barriers, government measures, defects in machinery, failures in the supply of energy, everything in the company of the entrepreneur as well as at third parties, of which the entrepreneur has the necessary materials or raw materials in whole or in part, as well as during storage or during transport, whether or not in-house, and furthermore caused by all other causes, through no fault of the entrepreneur, regardless of whether they were foreseeable.
3. If the delivery is delayed by more than 30 days due to force majeure, both the entrepreneur and the consumer or client are entitled to regard the agreement as terminated.
4. If the force majeure occurs, while the agreement has already been partially executed, the consumer or client, if the remaining delivery is delayed by more than 30 days due to force majeure, has the authority to retain either the part of the goods already delivered and the goods therefor to pay the purchase price owed, or to regard the agreement for the part already executed as terminated, under the obligation to return what had already been delivered to the entrepreneur, at the expense and risk of the consumer or client, provided that the consumer or client can demonstrate that the already delivered part of the goods cannot be used effectively by the consumer or client as a result of the non-delivery of the remaining goods. In principle, products manufactured in accordance with the specifications of the purchasing party must be
5. In case of force majeure, the entrepreneur does not owe any (damage) compensation to the client or consumer.
Article 8 Guarantee
1. A guarantee for the duration of 3 years is given on the construction of the products supplied by the entrepreneur, unless a shorter guarantee period is agreed for product-specific reasons.
2. The obligations arising from the guarantee may consist of compensation, replacement or a combination thereof. For the client, the warranty can never extend beyond how the supplier or manufacturer of the product offers its warranty.
3. Reasonable deviations, such as a slight color deviation, occasional loosening tufts of moss, etc. are inherent in a natural product. Deviations that do not affect the (technical) acceptability of this product, as well as the observation of the natural – otherwise harmless – odor of the moss, may not give rise to a claim under, or lead to the obligation to replace the delivered and / or compensation.
4. The consumer or client declares by signing the offer or order confirmation that he has taken note of these warranty provisions and expressly accepts them.
5. The consumer or client will never be able to invoke the warranty if the defect arose as a result of incorrect assembly, location, improper or improper use or if changes have been made without the written permission of the entrepreneur, the consumer, the client or third parties. or try to apply to the product and / or the products and / or this product and / or have used these products for purposes for which the product and / or the products are not intended. Even if the regulations under 6 have not been observed, no warranty can be invoked.
6. The moss of the entrepreneur has been prepared, which means that in principle it requires no maintenance and has a long lifespan. However:
– Moss naturally smells and this is inherent in the product. The fragrance gradually diminishes and is completely harmless.
– Moss retains its color for a long time. Discolouration can accelerate under the influence of bright (sun) light.
– There are color differences in the moss, the color can be different per box. Therefore mix (different boxes) when using.
– Do not allow the moss to come into contact or rinse with water or other liquids.
– The moss is only suitable for indoor spaces. So do not place outside.
– The dyes in the moss can give off. This can usually be cleaned with soap and water.
– At low humidity (less than 30%), the moss can temporarily become drier / harder and is more vulnerable. As soon as the moisture content rises again, the moss softens again.
7. The preserved green of entrepreneur, or stabilized green, which has undergone a preparation, has the same properties as the prepared moss as Article 8 paragraph 6, with the following additions:
– Do not place the Preserved Green in damp areas, RH not higher than 80%.
– Installation only in indoor areas, Temperature above 12 ° C.
– No major temperature fluctuations.
– Avoid prolonged exposure to direct sunlight due to discoloration.
– Avoid installation just before air conditioning or lamps.
Article 9 Complaints
1. The consumer or client must check the delivered goods for visible defects immediately upon delivery of the product and / or the products, and / or whether the goods delivered comply with the agreement.
2. Complaints about visible defects and / or non-delivery in accordance with the order confirmation must be made in writing within 48 hours of delivery, under penalty of forfeiture of rights by the client.
3. All complaints, of whatever nature, can only lead to a replacement of the delivered goods or, if this is not reasonably possible, to a refund of the purchase price. In the event of a complaint, the client is not entitled to suspend its payment obligations.
4. If the consumer or client is considering returning the product and / or products due to a complaint, it must first clearly visualize the complaint using photographic material. No products will be taken back without clear images.
Article 10 Right of withdrawal
1. When purchasing a product remotely, the consumer or client has the option to dissolve the agreement without giving any reason during 14 days, unless it concerns a product made to the specifications of the consumer or client, such as moss paintings and ( mobile) moss wall or moss panels, logos & letters, moss baskets, kokedamas, moss balls or other customized products. This reflection period commences on the day after receipt of the product by the consumer or client.
2. During the reflection period, the consumer or client will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer or client wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receipt of the product and actually return the product. The consumer or client must prove that the delivered goods have been returned on time, for example by means of a proof of shipment. The consumer or client himself bears the costs of shipping.
4. If the product is damaged due to careless handling by the consumer or client, the consumer or client is liable for any depreciation of the product.
5. If the consumer or client decides to return the product and / or products, the costs of the return are for the account of the consumer or client, entrepreneur does not have to accept COD shipments. Any damage that occurs during return is at the expense and risk of the consumer or client.
6. Furthermore, the entrepreneur need only accept returns of the product and / or products if:
– the product and / or products have not been manufactured in accordance with the buyer’s specifications. Products in accordance with the buyer’s specifications include, for example, moss paintings and (mobile) moss walls or moss panels, logos & letters, moss baskets, kokedamas, moss balls or other tailor-made products;
– the product and / or the products are complete, in the original packaging and in original condition;
– the product and / or the products are unused;
– the product and / or the products are clean;
– the product and / or the products has / have not been built in or has been and / or have been assembled in any way;
– accompanying mounting materials, where applicable, are fully present, and are in the original packaging, which also applies to the original manuals and supplied accessories.
Article 11 Liability
1. If the product delivered by the entrepreneur is defective, the liability towards the consumer or client and / or his customer / customer is limited to what is stipulated in these conditions under the heading ‘Guarantee’, on the understanding that the obligation to pay compensation, in in all cases, is limited to a maximum amount of the purchase price of the product. Indirect damage is not eligible for compensation.
2. Nor is the entrepreneur liable if the damage is due to intent and / or gross negligence and / or culpable acts, or improper and / or improper use of the delivered product by the consumer or client and / or his customer / customer.
3. If the consumer or client believes he has suffered damage, this must be reported to the entrepreneur immediately upon discovery, on pain of forfeiture of rights or prescription.
Article 12 Disputes
1. All disputes that may arise between the parties will be submitted to the competent court in the place of business of the entrepreneur, unless mandatory competence rules preclude this.
2. Only Dutch law applies to every offer, agreement or other agreement between the entrepreneur and the consumer or client.