Terms and conditions

Article 1 - Identity and definitions

Trader

BlindDesign, trading via PlisseZonderBoren.nl.

Correspondence address

Noorderhoofd 95, 3846 JV Harderwijk, the Netherlands. This is not a visiting address or showroom.

Registration

Chamber of Commerce (KvK) 55740014 and VAT number NL002150272B95.

Contact

085-2736378 and info@plissezonderboren.nl.

Customer

Any natural person or legal entity who requests an offer or enters into an agreement.

Consumer

A natural person acting for purposes outside his or her trade, business or profession.

Product

Stick & Fit pleated blinds, parts, samples and other items offered via PlisseZonderBoren.nl.

Made-to-measure product

A product that is not prefabricated and is manufactured on the basis of the customer's individual measurements, colours, fabrics, profiles or other choices.

Article 2 - Applicability

1. These terms and conditions apply to every offer, every order and every agreement of PlisseZonderBoren.nl.
2. The terms and conditions are made available before or when the agreement is concluded and can be saved as a PDF.
3. Deviating agreements apply only if they have been confirmed in writing.
4. In the event of conflict, the individual agreement made in writing takes precedence first, followed by the order confirmation and then these terms and conditions.
5. If a provision proves to be invalid, the remaining provisions continue to apply. The invalid provision will be replaced by a valid arrangement that comes as close as possible to its purpose, insofar as the law permits.

Article 3 - Offer and product information

1. An offer contains as complete a description as possible of the product, the chosen version, the price and any delivery or service costs.
2. Images, visualisations and colours on a screen are intended for illustration. The actual colour may differ slightly due to screen settings, incidence of light and material texture.
3. A requested fabric or colour sample gives a more reliable impression, but small differences between production batches may occur.
4. Small, technically unavoidable tolerances in dimensions, pleat fall, weave structure and colour do not count as a defect if they do not materially affect normal use and appearance.
5. Obvious typing, calculation or input errors do not bind PlisseZonderBoren.nl. In the event of an obvious error, the customer will be informed before production and may accept the correct offer or withdraw from the order free of charge.

Article 4 - Formation of the agreement

1. The agreement is formed when PlisseZonderBoren.nl accepts the order in writing or electronically and sends an order confirmation.
2. The customer checks the order confirmation immediately for measurements, quantities, fabric, colour, profile choices, delivery address and other options.
3. Any inaccuracies must be reported in writing as soon as possible and before production starts.
4. Before acceptance, PlisseZonderBoren.nl may check whether a chosen combination is technically feasible and may refuse an order with reasons or propose a suitable alternative.
5. Unless otherwise agreed, production starts once the order has been accepted and payment has been received.

Article 5 - Made to measure, choices and measuring

1. The customer understands that a made-to-measure product is produced on the basis of the details provided with the order.
2. If the customer measures themselves, the customer is responsible for the accuracy of the measurements provided and for following the current measuring instructions.
3. Measurements are given in millimetres. Each individual glass pane is measured and ordered separately.
4. Before ordering, the customer checks, among other things, window seals, glazing beads, window handles, ventilation grilles, opening direction, available fitting space and the suitability of the fitting surface.
5. PlisseZonderBoren.nl is not responsible for a product that does not fit if this is the result of incorrect or incomplete measurements or information provided by the customer.
6. If BlindDesign has taken the measurements in writing as part of a paid measuring service, BlindDesign is responsible for that measurement, except where the situation has changed after measuring or relevant information has been withheld.

Article 6 - Right of withdrawal and made-to-measure exception

1. For consumers, a statutory right of withdrawal normally applies to a distance contract, unless a statutory exception applies.
2. The right of withdrawal is excluded for products that are manufactured to the consumer's specifications, are not prefabricated and are made on the basis of an individual choice or decision, or are clearly intended for a specific person.
3. Stick & Fit pleated blinds that are manufactured specially for the customer on the basis of the width, height, fabric, colour and profile choices provided fall under this made-to-measure exception.
4. A made-to-measure product therefore cannot be returned or cancelled because of an incorrectly stated measurement, a wrong choice, a colour that is later considered less suitable, or a change of mind.
5. The exclusion of the right of withdrawal never limits the statutory rights if the product delivered is defective, has been made incorrectly or does not conform to the agreement.
6. For any standard or stock products that do not fall under a statutory exception, the statutory right of withdrawal continues to apply.

Article 7 - Changing or cancelling

1. A request to change or cancel must be submitted immediately by email, stating the order number.
2. As long as production has not yet started, PlisseZonderBoren.nl will try to make a change. Any additional costs will be communicated in advance.
3. Once production has started, PlisseZonderBoren.nl is not obliged to accept a change or cancellation.
4. If a change or cancellation is nevertheless accepted after production has started, the costs already incurred and costs reasonably still to be incurred may be charged.

Article 8 - Prices and payment

1. Prices for consumers include VAT, unless clearly stated otherwise. Delivery, fitting or other additional costs are shown before ordering.
2. Payment is made when placing the order, using the payment methods offered on the website. Payment is handled by a payment service provider; PlisseZonderBoren.nl does not receive full payment details in the process.
3. Payment on invoice is not offered as standard. Payment in advance can only be deviated from if this has been expressly agreed with the customer beforehand.
4. If a consumer pays late, they will first receive a free payment reminder with a period of fourteen days. After that, statutory interest and extrajudicial collection costs may be payable in accordance with the law.
5. Delivered products remain the property of BlindDesign until all amounts owed have been paid, insofar as this is permitted by law.

Article 9 - Delivery time and shipping

1. A stated delivery time is a careful estimate, unless a strict delivery date has been expressly agreed.
2. The delivery time starts once the agreement has been formed, payment has been received and all required measurements and choices are final.
3. If a delay occurs, the customer will be informed as soon as possible. The consumer retains their statutory rights and may, where required, set a reasonable additional delivery period.
4. The customer provides a correct and accessible delivery address. Additional costs due to an incorrect address, refused delivery or repeated delivery attempts may be passed on if the cause lies with the customer.
5. For a consumer, the risk of damage or loss passes at the moment the consumer, or a third party designated by them, receives the product.

Article 10 - Receipt and inspection

1. The customer checks the packaging and the product as soon as possible after receipt.
2. Visible transport damage should preferably be noted with the carrier immediately and recorded with photos.
3. Any damage, missing part or deviation must be reported as soon as possible with the order number, a clear description and photos.
4. Not reporting damage immediately does not affect a consumer's mandatory statutory rights, but reporting it quickly helps to establish the cause and a suitable solution.

Article 11 - Fitting, surface and use

1. The customer follows the measuring, fitting, operating and care instructions supplied with the product and available online.
2. Before fitting, the customer checks that the glass and the surface are suitable, clean, dry, flat and free of grease, and that the recommended fitting temperature is observed.
3. Damage or insufficient adhesion due to incorrect fitting, a dirty or unsuitable surface, failure to follow the instructions or incorrect use does not count as a product defect, unless the cause lies partly in a defective product or incorrect instructions.
4. Before use, the customer checks that cords, profiles and fixings have been fitted correctly and that the window can open, close and tilt safely.
5. If fitting by BlindDesign or an engaged fitter has been agreed, the scope, accessibility requirements and costs of that service as confirmed in writing apply.

Article 12 - Conformity and warranty

1. A consumer is entitled to a product that conforms to the agreement. The statutory conformity rights remain fully applicable.
2. Any commercial warranty offered is supplementary and does not limit the statutory rights.
3. Normal wear and tear, discolouration due to prolonged or exceptional exposure, soiling, incorrect maintenance, damage caused by pets, improper use or modifications by third parties are not covered by a supplementary warranty, insofar as the complaint has been caused by these.
4. With textiles, limited differences in weave structure, pleat fall and colour nuance may occur. Only deviations that fall outside normal material and production tolerances and affect the agreed properties count as a defect.
5. Parts supplied by a manufacturer may be covered by an additional manufacturer's warranty. The terms of this are provided on request.

Article 13 - Complaints and service requests

1. A complaint should preferably be submitted by email via info@plissezonderboren.nl with the order number, a description and clear photos or video.
2. The customer gives PlisseZonderBoren.nl a reasonable opportunity to investigate the complaint and, where necessary, to assess additional information or the product.
3. A consumer's complaint must be reported within a reasonable period after discovery. A report within two months of discovery is in any case timely.
4. PlisseZonderBoren.nl confirms receipt and, in principle, provides a substantive response within fourteen days. If more time is needed, the customer will receive an indication of the further period.

Article 14 - Repair, replacement and other solutions

1. If a product does not conform to the agreement, the statutory remedies apply.
2. Depending on the situation, this may consist of repair, delivery of what is missing, replacement, price reduction or termination of the agreement.
3. For a made-to-measure product, it is first investigated whether repair or replacement is possible and reasonable, without prejudice to the consumer's statutory position.
4. A replaced part or product becomes, insofar as reasonable, the property of BlindDesign once a free replacement has taken place.

Article 15 - Liability

1. For consumers, the statutory liability rules apply. Nothing in these terms and conditions limits liability that may not be excluded or limited under mandatory law.
2. PlisseZonderBoren.nl is not liable for damage caused solely by incorrect or incomplete information from the customer, incorrect measurements by the customer, fitting contrary to the instructions or use for which the product is not intended.
3. The preceding provision does not apply if the damage was caused in part by a defect in the product, incorrect instructions or an act or omission for which BlindDesign is legally responsible.
4. For business customers, insofar as permitted by law, liability is limited to direct damage and to the amount paid out by the liability insurance, plus the excess. If no payment is made, the maximum is the invoice amount of the relevant part of the agreement.
5. Limitations never apply in the event of intent or deliberate recklessness on the part of BlindDesign or its management, or in the event of death or personal injury insofar as exclusion is not permitted by law.

Article 16 - Force majeure

1. Force majeure includes circumstances beyond BlindDesign's reasonable control, such as serious disruptions, fire, government measures, transport problems, war, epidemics, supplier failures or exceptional material shortages.
2. During force majeure, obligations may be temporarily suspended. The customer will be informed as soon as possible.
3. If the force majeure lasts longer than sixty days, both parties may terminate the part of the agreement that has not yet been performed. Amounts already paid for services not delivered will be refunded.
4. Mandatory consumer rights continue to apply.

Article 17 - Personal data

1. BlindDesign processes personal data to perform the agreement, for customer service, statutory record-keeping and other purposes stated in the privacy policy.
2. Photos, drawings and measurements supplied for advice or execution are used only to assess and carry out the request, unless separate consent has been given for other use.
3. More information can be found in the privacy policy of PlisseZonderBoren.nl.

Article 18 - Intellectual property

1. Texts, photos, drawings, manuals, videos, logos, designs and other content of PlisseZonderBoren.nl remain the property of BlindDesign or the relevant rights holder.
2. The customer may save and print manuals and documents for their own use.
3. Commercial use, modification, distribution or reproduction is not permitted without prior written consent.

Article 19 - Amendment of the terms and conditions

1. BlindDesign may amend these terms and conditions for future agreements, for example in the event of changes in legislation, business operations or products.
2. An existing order remains subject to the terms and conditions that applied when that agreement was concluded, unless an amendment is required by law or the customer agrees to it.
3. The current version is available on PlisseZonderBoren.nl and states the version date.

Article 20 - Applicable law and disputes

1. Agreements with BlindDesign are governed by Dutch law.
2. A consumer retains the protection of the mandatory provisions of the country where he or she habitually resides, if that protection cannot be excluded by contract under applicable international law.
3. The parties will first try to resolve a dispute through mutual consultation.
4. If no solution is reached, the dispute may be submitted to the court that has jurisdiction by law.