Terms and Conditions

Terms and Conditions
The Laser Lokaal
Witte Vlinderweg 4C
1521PS
Wormerveer
0203697632
www.laserlokaal.nl
kvk 70401055

Article 1 | Definitions
1. In these terms and conditions, the following terms are used in the following meanings, unless explicitly stated otherwise.
2. Terms and Conditions: The terms and conditions as stated below.
3. The Laser Lokaal: The Laser Lokaal, located at Witte Vlinderweg 4C, 1521PS in Wormerveer.
4. Client/customer: Person or company who has accepted the terms and conditions and has commissioned the service.
5. Agreement: Any agreement concluded between The Laser Lokaal and the client
6. Quotation: All offers and quotations provided by The Laser Lokaal.
Article 2 | Applicability
1.These general terms and conditions apply to – and form an integral part of – every offer, quotation, and agreement related to products of any kind to be delivered by Het Laser Lokaal, unless expressly agreed otherwise in writing.
2. Deviations from these terms are only possible if the parties have expressly agreed to them in writing.
3. All indications in offers, quotations, or agreements and their attachments, such as images, drawings, dimensions, weights, performances, and colors, as well as the properties of any provided samples, are for indication purposes only. Therefore, minor deviations are not the responsibility and risk of Het Laser Lokaal.
4.Apparent errors or mistakes in the offers from Het Laser Lokaal release it from the obligation to perform and/or any obligations to compensate for damages resulting from them, even after the agreement has been concluded.
Article 3 | Offers
1. Offers and quotations are preferably provided electronically, unless circumstances make this impossible. In that case, quotations will be provided in writing.
2. All offers and quotations by Het Laser Lokaal, in whatever form, are non-binding unless a term for acceptance is included in the offer. An agreement is only established through written (order) confirmation by Het Laser Lokaal or through actual execution by Het Laser Lokaal.
3. Both individuals and companies may request a quotation at any time without obligation.
4.Via the website or by email, it is possible to request a quote; information is provided exclusively by phone.
5. All offers are valid during the period specified in the offer. Offers expire after this period has elapsed.
6. If the acceptance, whether or not on minor points, deviates from the offer included in the proposal and/or quote, Het Laser Lokaal is not bound by it. The Agreement is then not established in accordance with this deviating acceptance, unless Het Laser Lokaal indicates otherwise.
7. A composite quotation does not oblige Het Laser Lokaal to perform part of the Assignment for a corresponding part of the quoted price.
8. Offers and/or quotes do not automatically apply to future orders or reorders.
Article 4 | Agreement
1.An agreement is established exclusively in writing through timely approval of the final offer or approval via email from the client.
2. Before an order is executed, the client must approve the final offer.
3. Het Laser Lokaal reserves the right to refuse an order without further explanation.
4. Once an agreement is made between Het Laser Lokaal and the client, it is no longer possible to cancel it.
Article 5 | Right of Withdrawal
1. It is not possible to return an order, no refunds will be given.
Article 6 | Prices
1. All prices are in euros and are exclusive of sales tax and other levies imposed by the government.Any special additional costs related to the import and/or clearance of goods to be delivered by Het Laser Lokaal to the customer are not included in the price and are therefore the responsibility of the customer.
2. The amounts stated in the offers from Het Laser Lokaal are based on the prices, rates, wages, taxes, and other factors relevant to the price level existing at the time of the offer. If, after the (order) confirmation, there is a change in one or more of the aforementioned factors, Het Laser Lokaal is entitled to adjust the agreed price accordingly. If a price increase is implemented under this provision, and the increase exceeds 10% of the total agreed amount, the customer has the right to terminate the agreement in writing within eight days after becoming aware or could have been aware of the price increase.
3.The submitted design work in combination with the chosen material and thickness determines the calculation of the laser cutting time.
4. If an incorrect design submission (not according to the instructions on the Het Laser Lokaal website) results in an underestimated price in the quote, Het Laser Lokaal may recalculate a new price.
Article 7 | Execution
1. Het Laser Lokaal will execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
2. Het Laser Lokaal reserves the right at all times to have (part of) the work performed by third parties.
3. Design work must be prepared according to the standard templates and instructions on the Het Laser Lokaal website.
Article 8 | Delivery
1. Upon agreement, Het Laser Lokaal will produce the order and inform the client when the order has been completed.
2.Het Laser Lokaal will do its utmost to meet the expected delivery time.
3. Goods are considered delivered as soon as Het Laser Lokaal has informed the customer that the items are ready for collection at Het Laser Lokaal or a third party, or to be shipped on behalf of the customer. From the moment of delivery, the delivered items are at the customer's risk.
4. If the parties explicitly agree that Het Laser Lokaal will handle the transport of the products, both the costs and the risk of loss or damage during transport are the customer's responsibility.
5. The delivery times stated in offers, quotations, agreements, or otherwise are always provided by Het Laser Lokaal to the best of its knowledge and will be observed as much as possible, but they are not binding.
6.If the order or grouping of the assignment is important, the client must indicate this in advance.
7. Unless explicitly agreed otherwise, goods will only be delivered once the invoice for the assignment has been paid.
Article 9 | Quality of production and materials
1. After laser cutting, there is a backlash visible on the underside of the material from the worktable. This is part of the production process. The backlash can be prevented in various ways. This requires extra work and additional time will be charged in consultation with the client.
2. After laser cutting, a black edge is visible on the sides of the material. Depending on the material, this edge is more or less visible. This is part of the production process and cannot be minimized.
3. Due to the properties of the material, small deviations in the result are possible. Materials have a tolerance in thickness and composition.It is possible that the laser may not cut through these thickenings, resulting in the product not being completely cut out. Het Laser Lokaal is not responsible for failed parts due to this. However, Het Laser Lokaal does its best to deliver all parts correctly.
4. A client may assume that the material meets the characteristics and qualities mentioned on the Het Laser Lokaal website. If the material does not meet these standards, and the damage is demonstrably not caused by the client, Het Laser Lokaal will consult with the customer to find an appropriate solution. This can be in the form of a discount on the agreed price or by (partially) re-executing the order.
Article 10 | Liability
1.Het Laser Lokaal is solely liable for damages suffered by the customer, if and to the extent that such damage is the direct result of intent or deliberate recklessness by the management of Het Laser Lokaal.
2. The total liability of Het Laser Lokaal will in all cases be limited to compensation for direct damage, whereby the total amount to be paid by Het Laser Lokaal to the customer (on account of any obligations to undo and compensation for damage) will never exceed the amount of the price agreed for that agreement (excluding VAT).
3. Het Laser Lokaal is not liable for damage if and to the extent that the customer has insured against the relevant damage or could reasonably have insured against it.
4. In consultation, a client can provide a product or material for processing by Het Laser Lokaal.In that case, Het Laser Lokaal is not obliged to reimburse the value of the product or material if the laser work unexpectedly does not go well. Providing your own product or material is therefore at your own risk.
Article 11 | Warranty
1. If Het Laser Lokaal provides a warranty to the customer regarding the work or products delivered or to be delivered, it will expressly notify the customer in writing. In the absence of such an express written notification, the customer cannot claim a warranty, without prejudice to their legal rights arising from mandatory provisions.
2. If a warranty claim by the customer is justified, Het Laser Lokaal will, at its discretion, repair or deliver the products as agreed, unless this has demonstrably become pointless for the customer.If Het Laser Lokaal informs the customer that it will proceed with repairs, the customer shall make the delivered products available to Het Laser Lokaal at their own cost and risk.
3. Any warranty obligations of Het Laser Lokaal will lapse if errors, defects, or imperfections regarding those items are the result of incorrect, careless, or unprofessional use or management of delivered items by the customer or third parties engaged by the customer, or if they are the result of external causes such as fire or water damage, or if the customer or a third party has made or allowed changes to the items delivered by Het Laser Lokaal without Het Laser Lokaal's permission.
4. Any complaints about a product delivered by Het Laser Lokaal must be immediately communicated to Het Laser Lokaal in writing and with justification by the customer.If 14 days have passed since the delivery of the products, the customer can no longer justify a complaint, unless the defect could not have been observed at the time of delivery with careful and timely inspection. In that case, the customer must inform Het Laser Lokaal in writing and with reasons of the defect within 30 days after the defect has become known or could have been known to the customer.
5. If the customer invokes any agreed warranty arrangement but that claim subsequently proves to be unjustified, Het Laser Lokaal has the right to charge the customer for the work and costs of investigation and repair that resulted from that claim on its part, in accordance with its usual rates, with a minimum of € 100.00.
Article 12 | Payment
1. Payment must always be made within 14 days of the invoice date.The customer is not entitled to offset any claim against Het Laser Lokaal with the amounts charged by Het Laser Lokaal.
2. Het Laser Lokaal always has the right to invoice delivered or to be delivered items per partial delivery.
3. Payment is made by deposit or transfer to a bank or giro account designated by Het Laser Lokaal. Het Laser Lokaal always has the right to require security for payment both before and after the conclusion of the agreement c.q. to demand advance payment, suspending the execution of the agreement by Het Laser Lokaal until the security is provided and/or the advance payment is received by Het Laser Lokaal. If advance payment is refused, Het Laser Lokaal is entitled to dissolve the agreement and the customer is liable for the resulting damages to Het Laser Lokaal.
4.Het Laser Lokaal is entitled to suspend the delivery of products that it holds for the customer in connection with the execution of the agreed work until all payments owed by the customer to Het Laser Lokaal have been fully settled.
5. If payment is not made on time, the customer is in default by operation of law without the need for a notice of default. From that moment, the customer owes Het Laser Lokaal statutory commercial interest as referred to in Article 6:119a of the Dutch Civil Code.
6. If no payment is received after the expiration of an additional payment term set by written reminder, the customer owes a penalty equal to 10% of the principal amount owed by the customer to Het Laser Lokaal, including VAT, regardless of whether Het Laser Lokaal has had to incur extrajudicial collection costs and without prejudice to Het Laser Lokaal's right to claim damages.
7.Notwithstanding the other rights of Het Laser Lokaal under this article, the customer is obliged to reimburse Het Laser Lokaal for the collection costs incurred, which go beyond sending a single reminder or making a – not accepted – settlement proposal, obtaining simple information, or compiling the file in the usual manner. These costs are determined based on the guidelines applicable at that time in courts in the Netherlands.
8. The applicability of Article 6:92 of the Dutch Civil Code is excluded with regard to the penalty clause included in this article.
Article 13 | Copyright
1. The client may choose to have the drawing work carried out by Het Laser Lokaal, based on an idea or an image. In that case, the client has no rights to these developed drawings, unless otherwise agreed.
2.Photos taken by Het Laser Lokaal are copyrighted and may not be reproduced or used without explicit permission.
3. The copyright of submitted drawings remains with the designer/client.
4. Het Laser Lokaal will not publish submitted drawings or manufactured products/models to third parties without the explicit permission of the customer.
5. The customer must possess all relevant ownership or usage rights of the submitted models and production drawings. Het Laser Lokaal assumes that the customer holds these rights. Het Laser Lokaal cannot be held liable for claims regarding intellectual property rights of submitted models or production drawings.
6.Het Laser Lokaal reserves the right to refuse assignments if there is a suspicion that the customer does not possess the necessary ownership rights, if a model or production drawing violates legal provisions, or at its own discretion.
Article 14 | Retention of Title
1. All products to be delivered and delivered by Het Laser Lokaal remain the property of Het Laser Lokaal under all circumstances, as long as the customer has not fulfilled any claim from Het Laser Lokaal, including at least the purchase price, extrajudicial costs, interest, penalties, and any other claims as mentioned in Article 3:92, paragraph 2 of the Dutch Civil Code.
2. The customer is obliged to store the products delivered under retention of title with due care and as recognizable property of Het Laser Lokaal.
3.The customer is not authorized to pledge, otherwise encumber, or transfer the products delivered under retention of title to third parties, in whole or in part, as long as ownership has not been transferred to them, except insofar as such transfer occurs in the exercise of the customer's usual business activities.
4. If the customer fails to fulfill their payment obligations towards Het Laser Lokaal or if Het Laser Lokaal has good reason to fear that the customer will fail to meet those obligations, Het Laser Lokaal is entitled to reclaim the goods delivered under retention of title. The customer will cooperate and grant Het Laser Lokaal free access to their premises and/or buildings at all times for the inspection of the goods and/or the exercise of Het Laser Lokaal's rights.After the return, the customer will be credited for the market value, which in no case can be higher than the original price agreed upon with Het Laser Lokaal, reduced by the costs incurred by Het Laser Lokaal from the return.
Article 15 | Force Majeure
1. Het Laser Lokaal is not liable if a shortcoming is the result of force majeure. During the period in which there is a force majeure, the obligations of Het Laser Lokaal are suspended. If the period in which the fulfillment of the obligations by Het Laser Lokaal is not possible due to force majeure lasts longer than three months, both parties are entitled to dissolve the agreement without judicial intervention, without any obligation for compensation.
2.Under the term 'force majeure' as referred to in this article, unforeseen circumstances, including those of an economic nature, which have arisen through no fault or action of Het Laser Lokaal, are understood, such as, among others, serious disruption in the company, forced reduction of production, default, strikes and lockouts, both at Het Laser Lokaal and at supplier companies, war, hostilities, natural disasters, state of siege, mobilization, whether in the Netherlands or in any other country where possible branches of Het Laser Lokaal or supplier companies are located, delays in transport or delayed or incorrect delivery of goods or materials or parts by third parties, including supplier companies of Het Laser Lokaal.
3.If Het Laser Lokaal has already partially fulfilled its obligations at the onset of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered c.q. the deliverable part separately, and the customer is obliged to pay this invoice as if it were a separate agreement.
Article 16 | Dissolution and Termination
1. The customer is considered to be in default if they fail to fulfill any obligation under the agreement or fail to do so on time, as well as if the customer does not comply with a written notice to fully comply within a reasonable period set.
2.In case of default by the customer, Het Laser Lokaal is entitled, without any obligation to pay damages and without prejudice to its rights, to dissolve the agreement in whole or in part by means of a written notice to the customer and/or to immediately claim any amount owed by the customer to Het Laser Lokaal in full and/or to invoke the retention of title.
3. Het Laser Lokaal is authorized to terminate the agreement with immediate effect if the customer applies for a moratorium on payments or bankruptcy, or if such is applied against them, or if a seizure is imposed on all or part of their assets. All invoiced amounts will then become immediately due and payable. Het Laser Lokaal shall never be obliged to pay any compensation due to this termination.
Article 17 | Disputes and applicable law
1.If there is any ambiguity regarding the explanation of one or more provisions of these general terms and conditions, the explanation of those provision(s) should be interpreted 'in the spirit' of these general terms and conditions.
2. A contract concluded with Het Laser Lokaal is subject to Dutch law. Foreign legislation and treaties, including the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG), are excluded.
3. Any disputes relating to this agreement or arising from this agreement will be settled in the first instance exclusively by the competent court in the district where Het Laser Lokaal is established at the time of concluding this agreement.
4. In case of complaints, a consumer should first contact the entrepreneur.If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved through mutual consultation, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this online store has an active membership via https://www.webwinkelkeur.nl/leden/. If no solution is reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur, whose decision is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the respective committee.